Accommodations
Adjustments may occasionally be referred to as ‘accommodations’ by education providers. Use of the term ‘accommodations’ in this context is discouraged as it is not consistent with the terminology within the DSE.
Adjustment
An adjustment is any action taken to achieve the provision of comparable “opportunities and choices”, so discrimination is eliminated and the equal rights of persons with disability are maintained.
Adjustment – necessary adjustment
A necessary adjustment may be identified by an “independent expert” who is qualified to recommend the type and extent of the necessary adjustment.
Adjustment – reasonable adjustment
A reasonable adjustment is an action taken to enable a student with disability to access and participate in education on the same basis as other students.
Adjustment – unreasonable adjustment
Education providers are not required to make unreasonable adjustments. An adjustment is considered to be reasonable when all relevant circumstances and interests are taken into account.
This includes considering the student’s learning needs and disability, the view of the student (or associate), and the effect of the adjustment on the student’s ability to achieve learning outcomes, participate in learning, and gain independence.
Associate
An associate of the student with disability includes a relative; carer; spouse; another person who is living with the person on a genuine domestic basis; and another person who is in a business, sporting or recreational relationship with the person. When
students are under the age of 18 or deemed legally not competent to make decisions about their education and training, consultation must always include the student’s legal guardian.
Consultation
Consultation is a discussion held between multiple parties with the aim of sharing knowledge and options before making a decision. Under the DSE, students with disability and their families/associates have the right to be consulted about reasonable adjustments
to enable them to participate in education on the same basis as students without disability.
Disability
A wide range of health and learning conditions meet the legal definition of ‘disability’. Disability is defined very broadly in the DSE and includes loss of bodily function, damage to bodily function, disease or illness, and disorders of thought
processes, emotions, judgements or behaviour.
Disability Discrimination Act (DDA) 1992
The Disability Discrimination Act (DDA) 1992 is Federal legislation which aims to provide protection for everyone in Australia against discrimination based on disability.
Disability-specific skills
Skills that are needed due to a student’s specific disability. For example, a student who is deaf may benefit from learning Auslan, whereas a student who experiences sensory overload may need to learn how to address sensory sensitivities.
Disability Standards for Education (DSE) 2005
The Disability Standards for Education (DSE) 2005 is supplemented by a series of Disability Standards and Guidelines. These provide more detail on rights and responsibilities about equal access and opportunity for people with a disability. There are Disability
Standards for access to premises, education, public transport, world wide web access and disability services.
Discrimination
Discrimination happens when a person, or a group of people, is treated less favourably than another person or group because of their background or certain personal characteristics. This is known as ‘direct discrimination’.
It is also discrimination when an unreasonable rule or policy applies to everyone but has the effect of disadvantaging some people because of a personal characteristic they share. This is known as ‘indirect discrimination’.
Education provider
An education provider is an educational authority, an educational institution, or an organisation whose purpose is to develop or accredit curricula or training courses used by other education providers. People who work within an education provider are
deemed to have the same legal responsibilities as their employer under the DSE. This includes teachers, principals (and other staff in leadership positions) and administrative staff.
Equity
In contrast to the concept of equality, where all people are treated in exactly the same way, equity recognises the need to take into account individual differences so that all people can access equal opportunities.
Guardian
The DSE refers to ‘associates’. This includes the guardian and service providers of the student with disability. Guardians must be consulted when the student is under the age of 18 or if it has been legally determined that a student who is
aged 18 or over does not have the intellectual capacity to make informed decisions.
Harassment
Harassment is an action that is reasonably likely to humiliate, offend, intimidate or distress the person with disability.
IEP
An individual education plan (IEP) is a written statement that describes the adjustments, goals and strategies to meet a student’s individual needs so they can reach their full potential.
An individual education plan is also referred to as a reasonable adjustment plan; learning support plan; individual learning plans; individual language plan and negotiated education plan. The DSE uses the terminology reasonable adjustment plan.
Inclusion
The experience of belonging and being valued.
Inclusive education
Inclusive education recognises the right of every student to be included in educational settings. It involves adapting the environment and teaching approaches to ensure genuine and valued full participation of all students.
Independent expert
Teachers must consult with agencies or people who provide support services to students with disability. The education provider is required to facilitate the provision of specialist services “through collaborative arrangements” when deemed
to be reasonable and necessary.
Obligations (legal)
Obligations are the legal standards with which an education and training provider “must comply”.
On the same basis
The DSE requires education providers to offer opportunities and choices, admission and enrolment, participation in courses and programs, and use of facilities and services to students with disability on the same basis as a student without disability.
Participation
Active engagement with the physical and social environment that results in the acquisition, consolidation and generalisation of meaning, attitudes, knowledge, and skills. Under the DSE all principals and teachers have legal obligations to ensure that
every student is able to participate or have active engagement in the curriculum on the same basis as their peers.
Reasonable adjustment plan (RAP)
Required under the DSE. Many schools refer to these as Individual Education Plans (IEPs), Learning Support Plans (LSP) or Personalised Learning Plans (PLP). The DSE uses the terminology reasonable adjustment plan. The DSE explicitly describes the content
and expectations of reasonable adjustment plans as required by Australian legislation.
Reasonable substitute
In circumstances where a student cannot participate in an activity due to their impairment, the teacher is required to offer an activity that constitutes a reasonable substitute that addresses the overall aims of the course or program. In consultation
with the student with disability and their guardian/s and associates, these students may be offered a reasonable substitute so that participation on the same basis as their peers and achievement of equivalent learning outcomes is ensured.
Reasonable timeframe
The DSE requires the provision of agreed adjustments within a reasonable timeframe to address identified needs of the student with disability. This may include the provision of learning materials in an appropriate format within a reasonable time. Teachers
need to gain agreement with the student, their associate/s and service provider/s about what is regarded as a reasonable and realistic timeframe to provide these adjustments.
Receiving teacher
In the context of a student who is in transition from one classroom, school or teacher to another, the receiving teacher will be new to the student.
Service provider
A person, agency, educational institution, medical personnel or anyone who provides support to the student with disability, including the provision of equipment.
Specialised support services
Specialised services referred to in the DSE include health, personal care and therapy, speech pathology, occupational therapy, and physiotherapy. Specialist support services may be provided by the learning environment, for example the learning support
teacher, teaching assistant, and specialised facilities such as accessible bathrooms.
Specialised support services also include equipment such as slope boards, adaptive technology and assistive devices. The DSE also give students with disability rights in relation to specialised services needed for them to participate in the educational
activities for which they are enrolled. These services include specialist expertise, personal educational support or support for personal and medical care, without which some students with disability would not be able to access education and training.
Support services
Services the student with disability requires to access education on the same basis as students without disability. These may include student support services used in general by all students within the educational institution (e.g., careers advice, school
counsellor, library) as well as specialised support services such as appropriately trained staff, specialist expertise, personal educational support or support for personal and medical care.
Support services also includes equipment to support the student to participate in learning.
Transition
The process of adapting to change, such as moving from a class, stage, school, or environment to another.
Unjustifiable hardship
Unjustifiable hardship occurs when an organisation or institution believe they will experience hardship that is beyond what they can afford or would eventuate in detriment to any person concerned.
Victimisation
Victimisation is subjecting, or threatening to subject, a person to any detriment on the grounds of them making (or proposing to make) a complaint about discrimination).