AISV - Compliance Framework, Program Support Group for students with disabilities

Consultation processes required under the Disability Discrimination Act 1992 (Cth.).

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Program Support Group for students with disabilities

AISV Compliance Framework

Program Support Group for students with disabilities

Please scroll to the bottom of the page for contacts and links

Do you need to comply?

Yes, under the provisions of the Commonwealth Disability Discrimination Act 1992 (the DDA), a school should have in place formal processes for consultation with students with disabilities and their families regarding planning for the student's program at the school.

Conditions of compliance

The Disability Standards for Education (2005) (the Standards) are formulated under the Commonwealth Disability Discrimination Act 1992 (DDA). The primary purpose of the Standards is to clarify, and make more explicit, the obligations of education and training service providers under the DDA and the rights of people with disabilities in relation to education and training.

Part 7 of the Standards is related to student support services.

If you have to comply, what do you have to do?

The Standards apply to education providers in relation to the provision of their education and training services. Education providers are required to take reasonable steps to ensure that students with disabilities are provided with opportunities to participate in education and training on the same basis as students without disabilities, and that they are not subject to discrimination.

The Standards set out a process whereby education providers can meet this obligation. This includes an obligation to make reasonable adjustments where necessary to ensure that students with disabilities are able to participate in education and training on the same basis as students without disabilities. The process includes:

consultation with the student
consideration of whether an adjustment is necessary
if an adjustment is necessary, identification of a reasonable adjustment
making the reasonable adjustment.

If the provider complies with this process, then they have complied with the Standards, and they cannot be said to have discriminated.

As part of the consultation process, schools should establish and maintain a Program Support Group (PSG). The PSG should consist of:

Chair: Principal or nominee
Parent, guardian or caregiver of the student
Parent advocate (if requested by the parent)
Class teacher (primary) or teacher(s) nominated as having responsibility for the student (post primary)
Special education staff
Student unless it is inappropriate
Others co-opted as needed.

The PSG should adopt the following procedures:

Meetings are scheduled regularly (at least once per term)
Confidentiality is maintained (parental consent should be received before information is shared)
Accurate records should be maintained and made available to all members of the PSG.

What are the consequences if you don't comply?

If a person considers that they have been aggrieved under the DDA, then they may make a complaint to the Human Rights and Equal Opportunity Commission. The Commission can investigate and attempt to conciliate the complaint.

Where a complaint is unable to be conciliated, it can be terminated by the Commission and proceedings alleging unlawful discrimination can be instituted in the Federal Court of Australia or the Federal Magistrates Court.

Who will help you?

AISV contact:

Sue Nilsen
Student Services Manager
Ph. 03 9825 7203
sue.nilsen@ais.vic.edu.au