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NT Anti Discrimination Act 1996 Disability Discrimination Act 1992 DET Students with Disability Policy 2008 Disability Standards for Education The big picture
Who is covered by the DDA/ADA? • The DDA and NT ADA have broad definitions of disability/impairment that cover a wide range of disabilities, imputed disabilities and possible future disabilities
DDA Section 22: Education • In relation to education: It is unlawful for an eduction authority (body or person administering and educational institution) to discriminate against a student on the ground of the students disability. • In relation to enrolment: It is unlawful for an educational authority to discriminate against a person on the ground of disability
Key terms • ‘On the same basis’: An education provider treats a students with a disability on the same basis as a student without a disability • Reasonable Adjustments: Education providers are required to provide reasonable adjustments.
Discrimination • Two types of discrimination: • Direct Discrimination • Indirect Discrimination
The Disability Standards for Education (2005) The purpose of the Standards is to clarify the rights of a student with a disability in relation to education and the responsibilities of people and organisations providing educational services
Who is bound by the Standards? The Standards (Part 1.5) identify the following service providers: • Pre schools • Schools in the public sector • Schools registered through school registration authorities in the private sector • Post compulsory education and training authorities and providers • Higher education providers • Providers of adult and community education • Bodies whose purpose is the development and accreditation of curricula training packages or courses used by education authorities, institutions or providers.
Objectives of the Disability Standards for Education • To eliminate, discrimination against persons on the grounds of disability in the area of education and training • To ensure that a person with a disability has the same rights to quality education and training opportunities as the rest of the community • To promote recognition and acceptance within the community of the principle that persons with disabilities have the same fundamental rights as the rest of the community.
5 Areas of the Standards • Enrolment (Section 4 of DSE) • Participation (Section 5 of DSE) • Curriculum development, accreditation and delivery (Section 6 of DSE) • Student support services (Section 7 of DSE) • Harassment and victimisation (Section 8 of DSE)
Enrolment Obligations: • Education providers must allow prospective learners with disabilities to enrol without experiencing any discrimination Measures: • information about the enrolment processes addresses needs, isaccessible, and is available in a range of formats • Enrolment process occurs within a reasonable timeframe For more measures refer to the Disability Standards for Education
Participation Obligations: Education providers must ensure learners with can participate in courses and programs and use facilities and services without a disability experiencing any discrimination Measures: • Appropriate programs necessary to enable participation by the student are negotiated, agreed and implemented • A student who is unable to participate in a program or course activity is offered an activity that is a reasonable adjustment For more measures refer to the Disability Standards for Education
Curriculum development, accreditation & delivery Obligations: Education Providers must take reasonable steps to ensure that a course/program is: • Designed to enable learners with disabilities to participate in learning experiences- including assessment and certification • Planned in consultation with the learner and associate and • Has taken into consideration whether the disability affects the learners ability to participate in learning experiences Measures: • Curriculum teaching materials are available in a range of formats • Appropriate assessment/certification requirements are adapted to enable the learner with disabilities to demonstrate knowledge, skills or competencies being assessed • Program delivery modes and learning activities take into account the learning capacities and needs of the learner with disabilities and the intended educational outcomes For more measures refer to the Disability Standards for Education
Student Support Services Obligations: Education providers need to take reasonable steps to; • Ensure that learners with disabilities are able to use support services provided in general on the same basis as learners without disabilities • Ensure that learners with disabilities have access to specialised support services if necessary to be able to participate in education and training • Facilitate the provision of specialised support services to the learners with disabilities if those services are not provided by the education Measures: • Staff are aware of specialised services available and are provided with information that enables them to assist learners with disabilities to access support services • Necessary specialised equipment is provided to support learners with disabilities participating in the course or program • Appropriately trained support staff are made available to learners with disabilities, e.g. specialist teachers, learning support personnel, interpreters or scribes For more measures refer to the Disability Standards for Education
Harassment & victimisation Obligations: Education provider must: • Develop and implement strategies and programs to prevent harassment or victimisation of a learner with a disability or a learner’s associate with a disability, in relation to the disability • Take reasonable steps to ensure that its staff and learners are informed about: -their obligation not to harass or victimise learners with disabilities or learners’ associates with disabilities - taking appropriate action if harassment or victimisation occurs - complaint mechanism available to a learner with a disability, or the learner’s associate, who is harassed or victimised in relation to the learner’s disability
NT Anti Discrimination Act Disability Discrimination Act Anti Discrimination Commission Australian Human Rights Commission Lodging a formal complaint
DET Parents Teachers Principals What your responsible for Leadership and accountability Aligned Support Collaborative Processes Inclusive Teaching and Learning
Resources to support you: Students with Disabilities Policy and support materials