Disability Standards and Inclusiveness in Education: A Review of the Australian Landscape

Abstract

This paper examines the potential effects of the Disability Standards for Education 2005 (the Education Standards) on Australian education providers by considering the growth of inclusiveness in Australian education and the effects of the High Court decision in Purvis v. State of New South Wales. The paper observes that the decision in Purvis was a setback for the process of inclusiveness, which has since been addressed to a large extent by the introduction of the Education Standards. In addition, the paper considers the United States experience in relation to inclusiveness in education. It notes that the legislative underpinning of the principle in that jurisdiction has lead to inconsistent approaches by the courts in applying the objectives of inclusiveness. The paper concludes with reflections on whether the Australian approach has converged with the United States experience.

The changing rationalities of Australian federal and national inclusive education policies

“…While successive Australian federal governments have played a prominent role driving national reform of the education of students with disabilities, few studies have been completed that provide a historical and conceptual analysis of the development of inclusive education policies at the national scale. Prior studies have tended to focus on specific reforms (Gallagher & Spina, 2019;Guthrie & Waldeck, 2008;Whitburn, 2015) and have primarily provided descriptive accounts of policy developments (Anderson & Boyle, 2015;Boyle & Anderson, 2020;Forlin, 2006). Considering that successive federal governments have taken the lead in ushering in the development of national disability reform in Australia, it is important that more detailed historical and analytical accounts of the last 30 years of reform are conducted.…”

Opportunities to optimize socio-educational support services accessible to students with learning difficulties in primary school

“…Una dintre problemele difi cile cu care se confruntă educația incluzivă se referă la modul în care ea poate să răspundă efi cient nevoilor de învățare și difi cultăților cu care se confruntă elevii cu difi cultăți de învățare (Guthrie, & Waldeck, 2008;Loreman et al, 2011). Aceste provocări includ proiectarea sistemelor școlare (Brooks, 2007), diferitele stiluri de învățare ale elevilor (Westwood, 2008) și lipsa implicării părinților (Anderson, & Minke, 2007;Baird, 2011;Westwood, 2008).…”

How Parents Deal with the Education of their Child on the Autism Spectrum

“…The onus of proving discrimination rests with the complainant initially and once it has been established that discrimination has occurred the onus moves to the respondent who may seek to prove that the discrimination can be excused through limited defence under the Acts (Guthrie & Waldeck, 2008). The onus of proving discrimination rests with the complainant initially and once it has been established that discrimination has occurred the onus moves to the respondent who may seek to prove that the discrimination can be excused through limited defence under the Acts (Guthrie & Waldeck, 2008).…”

“…It is therefore recommended that through the Parent and Professional workshops, parents be given a very clear and concise understanding of their child's rights under the legislation and the process needed to make a complaint under the Acts (See Appendix 2; Guthrie & Waldeck, 2008). This would encourage parents to alert schools regarding their responsibilities and also allow them to make an informed decision regarding the worth of pursuing a complaint of discrimination on behalf of their child.…”