ED2095 Lecture Notes - Lecture 12: Qualitative Property, Ion, Victimisation
Inclusive Education - Lecture 3 - Week 2
Inclusive Legislation and Model and Education Support/Policies and Acts
- Laws and policies regarding inclusion of students with special educational needs in schools in Australia
include:
Equal Opportunity Act (1984)
Social Justice Policy 1993
School Education Act 1999
Disability Discrimination Act (1992)
Disability Standards in Education 2005
UN Convention on the Rights of Persons with Disabilities 2006
CEOWA/AISWA Policies
Models of Support
Salamanca Statement and Framework for Action 1994
- All children:
- Have a fundamental right to education
- Have unique characteristics, interests, abilities and learning needs
- Take into account this wide diversityAccess to regular schools
- Attend regular schools that combat discriminatory attitudes, create welcoming communities, build an
inclusive society and achieve education for all. (Adapted from the Salamanca statement, article 3
UNESCO Guidelines for Inclusion: Ensuring Access to Education For All)
UN Convention on the Rights of Persons with Disabilities (2006)
- Australia is a signatory.
- To promote, protect and ensure the full and equal enjoyment of all human rights and fundamental
freedoms by all persons with disabilities, and to promote respect for their inherent dignity.
- Persons with disabilities are not viewed as "objects" of charity, medical treatment and social protection;
rather as "subjects" with rights, who are capable of claiming those rights and making decisions for their
lives based on their free and informed consent as well as being active members of society.
- Teach choice making
Muscat Agreement (UNESCO, 2014)
- By 2020
Equal Opportunity Act (1984)
Enrolment
- Can’t discriminate because someone is disabled (impaired) or make it conditional that they are enrolled.
School:
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- You cannot, due to a student’s disability, deny them access to benefits, expel the student, or subject them
to other detriment.
- Doesn’t apply if you are trying to enrol in a school setting that caters for those with specific impairments
that you do not have.
- Does not apply if the enrolment of the student would cause the school unjustifiable hardship
Social Justice in Education
Disability Policy states that:
Students have the opportunity to be educated in the most educationally enhancing environment.
Students are educated as close as possible to their homes and with their same-age peers.
Parents receive appropriate advice in order to make informed choices for their children (Education
Department of Western Australia, 1993, p. 3)
Gender Policy States:
Gender will
not be a variable
affecting student participation, achievement or options.
The
curriculum is enriched
through including perspectives from both genders.
Girls and boys experience a
school culture
which meets their specific needs.
Students from Non-English Speaking Background (NESB) policy states:
Students will participate in the curriculum fully with their NESB needs taken into account.
All students will be equipped to appreciate and respect different cultures and their contribution to
Australian Society.
NESB parents and students will be informed about educational matters and contribute to the decision-
making in the school (Education Department of Western Australia, 1991, p.5).
Justice Policy (CEOWA)
4 Principles
- 4.1 Catholic schools (CS) value human diversity which is demonstrated by practical responses to diverse
learning needs and abilities.
- 4.3 The ethos, policies, curriculum, interactions and protocols of Catholic schools emphasise the
sacredness of human life and the dignity of the individual.
- 4.4 Catholic schools promote justice to all, especially those who are culturally, socially, physically,
intellectually, financially, emotionally or spiritually disadvantaged.
- 4.5 Catholic school communities promote the Christian belief that the rights and needs of others must
always be respected and that individual rights must be balanced with the wider common good.
- 4.7 Catholic schools work in partnership with families and the wider community to provide what students
need to realise their potential.
- 4.8 Catholic schools promote the right of consultation and decision-making at appropriate levels of
authority.
- 4.9 Resources shall be shared equitably. All students shall have access to the same opportunities and
outcomes in so far as resources permit.
- 4.10 Members of school communities shall have access to all the resources and support they need to
participate in decisions which affect their own development and those of their community. (CEOWA,
2008)
Anti-Discrimination
- Racial discrimination act 1975
- Racial Hatred Act 1995– http://www.racismnoway.com.au/classroom/lesson_ideas/2001083
1_38.html– https://www.humanrights.gov.au/our-work/race-discrimination
- Sex Discrimination Act 1984– https://www.humanrights.gov.au/our-work/sex-discrimination
- Age Discrimination Act 2004– https://www.humanrights.gov.au/our-work/age-discrimination
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School Education Act 1999
Objects
- Ensure every child receives an education
- Determines where the education can be given
- To provide government schools that meet the needs of all students • To acknowledge the importance of
parent participation
- To provide a number of alternatives at the secondary level
Key Points relating to inclusion
- Part 9. All children must be enrolled in an educational program.
- Part 73. (2). The Principal has final say on the content and implementation of the programme for a
child with a disability
- Part 82. (2) Children must be a resident of the State and Local Intake area, have an available
educational programme, and have an available classroom place.
- Part 84. Taken into account: any suffering, benefit or detriment, additional costs, effects of behaviour
or disability on participation.
- Part 87. Disabilities Advisory Panel
- Part 104. Family Financial Hardship Reduction or waiver or any fees and charges, or deferred payment
ACARA (Australian Curriculum and Reporting Authority)
- The Australian Curriculum is based on the assumptions that each student can learn and the needs of
every student are important. It enables high expectations to be set for each student as teachers account
for the current levels of learning of individual students and the different rates at which students develop.
- English as an additional language or dialect (EAL/D).
- Aboriginal and Torres Strait Islander students.
- Students with special education needs
Disability Discrimination Act 1992
- It is illegal to discriminate against someone on the basis of disability. Affects:
- Work, Education, Accommodation, ServicesSets out rights of students and legal obligations of service
providers
- Deals in broad terms only.
-
Direct Discrimination
- ‘Occurs when a person with a disability is treated less favourably than a person without the disability
would be treated in the same or similar circumstances’.
-
Indirect Discrimination
- ‘Occurs if a person with a disability is required to comply with a condition or requirement which he or
she cannot comply with and which a substantially greater proportion of people without than with
the disability can comply with, and which is not reasonable’.
Disability Standards in Education 2005 - What are they?
- Clarify legal obligations already existing under the DDA
- State the rights of students with disabilities
- State the legal obligations of ALL education and training providers
Why do we need to know about them?
- In order to effectively comply with the requirements for educators.
- School may ask you to be involved in the process of complying with the DSE in relation to a number of
the Standards.
Covers five areas:
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Document Summary
Inclusive education - lecture 3 - week 2. Inclusive legislation and model and education support/policies and acts. Laws and policies regarding inclusion of students with special educational needs in schools in australia include: Un convention on the rights of persons with disabilities 2006. Have unique characteristics, interests, abilities and learning needs. Take into account this wide diversityaccess to regular schools. Attend regular schools that combat discriminatory attitudes, create welcoming communities, build an inclusive society and achieve education for all. (adapted from the salamanca statement, article 3. Unesco guidelines for inclusion: ensuring access to education for all) Un convention on the rights of persons with disabilities (2006) To promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. Can"t discriminate because someone is disabled (impaired) or make it conditional that they are enrolled.
