Education Standards
- disability standards for education
- reasonable adjustments
- rights of students
- responsibilities of students
- rights and responsibilities of staff
Disability Standards for Education
The Attorney General has created Disability Standards for Education under the Disability Discrimination Act 1992 to give students with disabilities and prospective students equal rights of access to education and training opportunities. The standards cover a wide range of areas including enrolment, participation, curriculum development and reasonable adjustments. The Commonwealth government has also produced guidance notes to assist in the interpretation of these standards.
Under section 123 of the Disability Discrimination Act 1992 an education provider is liable for unlawful conduct by its employees or agents. This includes circumstances where employees or agents of the education provider fail to comply with the Standards. In such cases the education provider must demonstrate that reasonable precautions have been taken and due diligence has been carried out.
Reasonable Adjustments
The Disability Discrimination Act 1992 through the Disability Standards for Education require education providers to make 'reasonable adjustments' to ensure that students with disabilities participate in education on the same basis as students without a disabilities. Reasonable adjustments might include changes to the way a person enrols in a course, alterations to the physical environment and other facilities, alternate methods in the way training is delivered and skills are assessed. Under the Standards what constitutes 'reasonable' will vary on a case by case basis.
It is clear that education providers are not required to lower academic standards or disregard the needs of staff or other students when determining what is a 'reasonable adjustment'. Examples of reasonable adjustments include note takers, assistive technology, Auslan interpreters, accessible facilities, assistive technology. The Commonwealth government considers an adjustment reasonable if it balances the interests of all parties and consideration is given to the following criteria:
- the students disability and his/her views
- the effect of the adjustment on the student, including the effect of his/her ability to achieve learning outcomes and to participate in courses or programs and achieve independence
- the effect of the proposed adjustment on the student and any other party such as the education provider, staff and other students
- the costs and benefits of making the adjustment
Rights of Students
Under the Disability Standards for Education students with disabilities have rights to be consulted about their needs and to enrol and participate in courses and programs. They also have the right to use services and facilities provided by an education institution on the same basis as students who do not have disabilities. These include the right to the following:
- specialised services to be able to participate in education
- the implementation of reasonable adjustments to meet those needs
- an environment that is free from discrimination, harassment or victimisation
Responsibilities of Students
The Disability Standards for Education also set out the responsibilities of students to education providers. These include the responsibility to:
- make early contact with a education provider to discuss their requirements
- share the responsibility for negotiating reasonable adjustments if required
- to use the services provided to them in an honest and reasonable manner
- treat staff with dignity and respect
- be proactive in advising education providers of any difficulties they encounter in accessing aspects of the education provider
Rights and Responsibilities of Staff
The Disability Standards for Education also set out the rights and responsibilities of staff. These include the responsibility to:
- consult with a student or associate to determine what adjustments if any are required
- determine whether any changes are needed during a students course of study
- assess whether a particular adjustment is reasonable
- assess if there are any less disruptive adjustments that would be equally effective
- make any required adjustments in a timely manner
- take reasonable steps to ensure that the student is able to enrol, participate and use facilities
- develop and implement strategies and programs to prevent harassment or victimisation