DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING www.det.nt.gov.au

Diversity, inclusion and participation

DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING www.det.nt.gov.au

The big picture

NT Anti Discrimination

Act1996

Disability Discrimination

Act1992

Disability Standards for

Education

DET Students with Disability Policy 2008

DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING www.det.nt.gov.au

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

DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING www.det.nt.gov.au

DDA Section 22: Education

1. 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.

2. In relation to enrolment: It is unlawful for an educational authority to discriminate against a person on the ground of disability

DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING www.det.nt.gov.au

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.

DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING www.det.nt.gov.au

Discrimination

Two types of discrimination:

1. Direct Discrimination

2. Indirect Discrimination

DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING www.det.nt.gov.au

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

DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING www.det.nt.gov.au

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.

DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING www.det.nt.gov.au

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.

DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING www.det.nt.gov.au

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)

DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING www.det.nt.gov.au

Enrolment

Obligations:• Education providers must allow prospective learners with

disabilities to enrol without experiencing any discrimination

Measures:• information about the enrolment processes addresses needs, is

accessible, 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

DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING www.det.nt.gov.au

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

DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING www.det.nt.gov.au

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

DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING www.det.nt.gov.au

Student Support ServicesObligations: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

DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING www.det.nt.gov.au

Harassment & victimisationObligations:

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

DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING www.det.nt.gov.au

Lodging a formal complaint

NT Anti Discrimination

Act

Disability Discrimination

Act

Anti Discrimination Commission

Australian Human Rights Commission

DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING www.det.nt.gov.au

Principals

Teachers

Parents

DET

What your responsible for

Leadership and accountability

Inclusive Teaching and Learning

Collaborative Processes

Aligned Support

DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING www.det.nt.gov.au

Resources to support you: Students with Disabilities Policy and support materials