DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING Diversity, inclusion and participation.

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

Diversity, inclusion and participation


The big picture

NT Anti Discrimination

Act1996

Disability Discrimination

Act1992

Disability Standards for

Education

DOE Students with Disability Policy 2012

DOE Students with Disability Policy 2012


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

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


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:

1. Direct Discrimination

2. Indirect Discrimination


Direct Discrimination

A learner with a disability was not allowed to participate in a sports day.

Discrimination issue:

The learner doesn’t have the opportunity to participate on the same basis as other learners. The action to prevent any participation makes it direct discrimination

How could discrimination be avoided?


Indirect Discrimination

A teacher assessed the knowledge of a group of learners by requiring them all to write a report, even though one member of the group had a learning disability, which affected their ability to write effectively.

Discrimination Issue:While there is the same requirement for everybody, the person with a learning disability does not have the opportunity to participate in the assessment on the same basis as other learners.

How could discrimination be avoided?


ACTIVITY 1: Direct or indirect discrimination quiz Complete the following quiz in pairs.

Refusing or discouraging a learner’s enrolment application

1 a. Saying: ‘There are no places at preschool,’ (when there are vacancies).

1.b. Saying: ‘We already have a lot of learners with learning difficulties. The school down the road has a very good reputation with these learners.’

Setting terms or conditions on which the site is prepared to admit the learner

2 a. Saying to the parents/caregivers: ‘We need a volunteer to provide extra help — do you know anyone?’

2 b. Saying: ‘If we get funding, your child can come here.’

Suspending and/or excluding a learner, whose disability impacts on her/his understanding of the school behaviour policy

3 a. Suspending and/or excluding a learner for infringing the standard school behaviour guidelines or policy

3 b. Allowing conditional re-entry, resulting in ongoing reduction in the number of lessons attended.

ACTION Example Direct or 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, 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


Is this Discrimination?

A boy with a psychiatric condition was refused admission to a secondary college after the principal formed the view that he was unsuitable for mainstream schooling.

Discuss in pairs:

•Is this discrimination Yes / No, and why?

•Discuss what you would do as the principal of that school


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



Is this discrimination?

A boy with an intellectual disability is not fully included in classroom activities or excursions and goes home earlier than the finishing time for other students.

The school noted concerns regarding his ability to participate effectively, and safety issues as he has a tendency to leave the school grounds.

Discuss in pairs:

•Is this discrimination Yes / No, and why?

•Discuss: what could be done differently to be more inclusive of this student?


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



Reasonable AdjustmentsChanges and / or alterations to provide an equal opportunity in relation to access, participation and achievement for a learner with a disability Adjustments can be categorised into 4 areas:

Presentation: assessment, teaching and learning may include

Response:learners could respond in a variety of ways

Setting:assessment, teaching and learning may occur in different settings

Timing:adjustments may need to be made to the time allocation for assessment, teaching and learning activities

•alternating new learning with opportunities for practice•repeating instructions•cue cards•tapes, videos, DVDs•reading aloud•large print•magnification devices•interpreters•signing•braille

•verbally•by drawing•by using word processors•through photos•with videos•by another person scribing•using model making•using voice activated software•by signing•through a communication devise•using a braille machine

•in small groups•in class with peer support•in a separate venue or room•with additional equipment such as sloping desk-top or thicker pencils

•extend the waiting time for answers•extend the time to complete tasks•reduce the number of tasks•alter the time of day the task is done•allow breaks during the activity


Examples of assessment options

•portfolios•checklists•work samples•multimedia presentations•oral questions•peer evaluation and self evaluation

•anecdotal recording •charts/posters•oral presentations•adults recording answers•constructing e.g. models•digital photos


Activity 2: Read the following scenario as a whole group we will then discuss the discriminatory actions and what reasonable adjustments need to be made

Jason is 10 years old and enjoys using the computer, playing with cars and looking at books about space. In the playground, he likes to use the swing and climbing equipment. He has autism, severe epilepsy and exhibits challenging behaviours characterised by hitting, biting and screaming. He has not yet attended school on a regular fulltime basis.

His parents are finding it increasingly difficult to support Jason and want him to attend school fulltime. The staff involved have refused to consider this. Using the Education Adjustment Planning process and with input from several disability support agency personnel, it has been eventually negotiated that Jason’s attendance at school will increase to fulltime over 10 weeks.

When Jason does not have 1:1 support his teacher requires him to stay in a corner area of the classroom- this is not negotiated ‘down time’


How do you cater for diversity?

ALL

MOST

SOME

‘All, Most, Some’ Support model

Adapted from Schumm,J.S., Vaughn,S. & Leavell, A.G. (1994). “Planning Pyramid: A framework for planning for diverse student needs during content area instruction’. Reading Teacher. 47.8, 6-8-615.

What some learners will learn

What most learners will learn

What all learners will learn


Student Support

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



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


Is this discrimination?

A student who has a vision impairment had been bullied in relation to his use of assistive equipment for reading and that the school did not act quickly or fully to respond to this, leading them to change schools.

Discuss in pairs:•Is this an example of discrimination Yes / No, and why?•Discuss: what you would do as a teacher if this student was in your class?


Am I meeting the obligations of the standards … legal implications pg 43 Disability Standards for Education guidance notes

For sections 5.2: Participation, 6.3:Curriculum development, accreditation and delivery and 7.2Support services

• consultation with the student (where appropriate)/ associate;

• consideration of whether an adjustment is necessary;

• if adjustment is necessary, identification of a reasonable adjustment;

• Making the reasonable adjustment


Activity 3: What you are already doing that demonstrates compliance with the Disability Discrimination Act and

Disability Standards for Education

Area of the Standards

What is being done?

Enrolment

Participation

Curriculum development, accreditation and delivery

Student Support

Elimination of harassment and victimisation


Lodging a formal complaint

NT Anti Discrimination

Act

Disability Discrimination

Act

Anti Discrimination Commission

Australian Human Rights Commission


Principals

Teachers

Parents

SS

What is your responsibility?

Leadership and accountability

Inclusive Teaching and Learning

Collaborative Processes

Aligned Support


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

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DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING Diversity, inclusion and participation.

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