There are about 81 pieces of legislation that affects the relationship between teacher and student (Larkins, Lecture 1, 2012). As teachers we are expected to be aware of the main principles underlying legislation and policies relating to inclusive education. Foreman suggests that teachers should also be aware of other principles that facilitate inclusive education including principles of; “social justice, the universality of human rights, and a respect for every child’s right to learn in the least restrictive non-discriminatory way”(Foreman, 2011). These principles are enshrined in international, national and state legislation and relevant legislation relating to special needs students is discussed below.
International
Australia has international legal obligations in relation to fulfilling its United Nation commitments. The United Nations Convention on the Rights of the Child 1990 is an international statement that clearly outlines that children have certain civic, political economic and social and cultural rights.
The relevant articles relating to the EAL student and students with special learning needs including; ADHD, Asperger’s and giftedness (taken from the UN Convention on the Rights of the Child document):
- Article 2: without discrimination
The Convention applies to every child whatever their ethnicity, gender, religion, abilities, whatever they think or say, no matter what type of family they come from.
- Article 22: refugee children
If a child is a refugee or seeking refuge, governments must ensure that they have the same rights as any other child. Governments must help in trying to reunite child refugees with their parents. Where this is not possible, the child should be given protection.
- Article 28: right to education
Every child has the right to an education. Primary education must be free. Secondary education must be available to every child. Discipline in schools must respect children’s human dignity. Wealthy countries must help poorer countries achieve this.
- Article 29: goals of education
Education must develop every child’s personality, talents and abilities to the full. It must encourage the child’s respect for human rights, as well as respect for their parents, their own and other cultures, and the environment.
- Article 30: children of minorities
Every child has the right to learn and use the language, customs and religion of their family whether or not these are shared by the majority of the people in the country where they live.
The 1994 Salamanca statement is another international statement that guides Australia’s education policy. The contributors at a world conference wrote the statement on special needs education in 1994 as a framework for governments to take action and implement fair and accessible education for all. The statement says: “Regular schools with this inclusive orientation are the most effective means of combating discriminatory attitudes, create welcoming communities, building an inclusive society and achieving education for all; moreover they provide an effective education to the majority of children and improve the efficiency and ultimately the cost- effectiveness of the entire education system” (Salamanca Statement, 1994)
Australia’s international obligations with respect to Education are outlined in United National Education Scientific and Cultural Organisation (UNESCO) World Education forum 2001. It was recognised that; ‘inclusive thinking [in education] is a reminder that education must be as concerned with the sustenance of communities as with personal achievement and national economic performance’ (Foreman, 2011, p. 45) Later in 2006, UNESCO noted that inappropriately designed curriculum (inflexible and content heavy) are often the major cause of segregation and exclusion for students with a disability [and other students who are often discriminated against through the curriculum including the EAL student].
National and State legislation
The main legislation in Australia that influences the policy position relating to special needs education includes:
In addition the Disability Standards for Education 2005 (the Standards) clarify the obligations under the federal Disability Discrimination Act 1992 and provide guidance on five areas: enrolment; participation; curriculum development, accreditation and delivery; Student Support Services; and the elimination of harassment and victimisation.
All schools are bound by the legislation and Standards, however a recent report by the Victorian Equal Opportunity and Human Rights Commission titled Held Back, 2012 found that only 40 percent of educators unaware of the Standards and how these translate into school and classroom practice. This indicates that while policy and legislation exists, it is only as effective as the schools that know how to administer it.
Under state and federal anti-discrimination laws, Victorian schools have a legal requirement to ensure that students with disabilities can participate in education on the same basis as other students. However, in reality there is often a gap between legal rhetoric and the reality of actually making school curriculum universally available to all students. Although The Melbourne Declaration of Educational Goals for Young Australians (2008) policy exists to encapsulate the principles of equal access and the right to inclusion in reality many schools struggle to provide adequate supports to actually cater for the needs of all students due a restrictions on the definitions of which special needs group actually qualify for funding. At present Victorian schools can qualify for funding support for some special needs learning students under the Department of Education and Early Childhood Development (DEECD) Program for Students with Disabilities (PSD). In 2011, 20,883 students received PSD funding, which equates to around 3.9 per cent of the Victorian government school population (Held Back, 2012, p. 8). According to the authors of the Held Back report, there are many more students who have special learning needs but they don’t qualify for support.
Another issue is that there are many resources available (apart from funding) for schools to use such as Abilities Based Learning Education Support (ABLES) resource, but it relies on schools adopting the resource, and knowing how to apply it at the school level, thus making it available to the students in the school.
The main recommendations coming out of the Held back inquiry found that the criteria for accessing funding needed to be amended and that the Victorian school system should be structured and funded to support access to education for students of all abilities, including students with a disability that affects their ability to participate and learn (Held Back, 2012, p.8). The report also found that Department of Education and Early Childhood Development (DEECD) lacked a feedback mechanism to actually assist schools in implementing supports for special needs learners, perhaps these will be areas that will be addressed on a policy level as part of the Federal Government’s education revolution.
International
Australia has international legal obligations in relation to fulfilling its United Nation commitments. The United Nations Convention on the Rights of the Child 1990 is an international statement that clearly outlines that children have certain civic, political economic and social and cultural rights.
The relevant articles relating to the EAL student and students with special learning needs including; ADHD, Asperger’s and giftedness (taken from the UN Convention on the Rights of the Child document):
- Article 2: without discrimination
The Convention applies to every child whatever their ethnicity, gender, religion, abilities, whatever they think or say, no matter what type of family they come from.
- Article 22: refugee children
If a child is a refugee or seeking refuge, governments must ensure that they have the same rights as any other child. Governments must help in trying to reunite child refugees with their parents. Where this is not possible, the child should be given protection.
- Article 28: right to education
Every child has the right to an education. Primary education must be free. Secondary education must be available to every child. Discipline in schools must respect children’s human dignity. Wealthy countries must help poorer countries achieve this.
- Article 29: goals of education
Education must develop every child’s personality, talents and abilities to the full. It must encourage the child’s respect for human rights, as well as respect for their parents, their own and other cultures, and the environment.
- Article 30: children of minorities
Every child has the right to learn and use the language, customs and religion of their family whether or not these are shared by the majority of the people in the country where they live.
The 1994 Salamanca statement is another international statement that guides Australia’s education policy. The contributors at a world conference wrote the statement on special needs education in 1994 as a framework for governments to take action and implement fair and accessible education for all. The statement says: “Regular schools with this inclusive orientation are the most effective means of combating discriminatory attitudes, create welcoming communities, building an inclusive society and achieving education for all; moreover they provide an effective education to the majority of children and improve the efficiency and ultimately the cost- effectiveness of the entire education system” (Salamanca Statement, 1994)
Australia’s international obligations with respect to Education are outlined in United National Education Scientific and Cultural Organisation (UNESCO) World Education forum 2001. It was recognised that; ‘inclusive thinking [in education] is a reminder that education must be as concerned with the sustenance of communities as with personal achievement and national economic performance’ (Foreman, 2011, p. 45) Later in 2006, UNESCO noted that inappropriately designed curriculum (inflexible and content heavy) are often the major cause of segregation and exclusion for students with a disability [and other students who are often discriminated against through the curriculum including the EAL student].
National and State legislation
The main legislation in Australia that influences the policy position relating to special needs education includes:
- Disability and Discrimination Act 1992
- Charter of Human Rights and Responsibilities Act 2006
- The Victorian Equal Opportunity Act 2010
- Racial and Religious Tolerance Act 2001 (State)
- Racial Discrimination Act 1975
In addition the Disability Standards for Education 2005 (the Standards) clarify the obligations under the federal Disability Discrimination Act 1992 and provide guidance on five areas: enrolment; participation; curriculum development, accreditation and delivery; Student Support Services; and the elimination of harassment and victimisation.
All schools are bound by the legislation and Standards, however a recent report by the Victorian Equal Opportunity and Human Rights Commission titled Held Back, 2012 found that only 40 percent of educators unaware of the Standards and how these translate into school and classroom practice. This indicates that while policy and legislation exists, it is only as effective as the schools that know how to administer it.
Under state and federal anti-discrimination laws, Victorian schools have a legal requirement to ensure that students with disabilities can participate in education on the same basis as other students. However, in reality there is often a gap between legal rhetoric and the reality of actually making school curriculum universally available to all students. Although The Melbourne Declaration of Educational Goals for Young Australians (2008) policy exists to encapsulate the principles of equal access and the right to inclusion in reality many schools struggle to provide adequate supports to actually cater for the needs of all students due a restrictions on the definitions of which special needs group actually qualify for funding. At present Victorian schools can qualify for funding support for some special needs learning students under the Department of Education and Early Childhood Development (DEECD) Program for Students with Disabilities (PSD). In 2011, 20,883 students received PSD funding, which equates to around 3.9 per cent of the Victorian government school population (Held Back, 2012, p. 8). According to the authors of the Held Back report, there are many more students who have special learning needs but they don’t qualify for support.
Another issue is that there are many resources available (apart from funding) for schools to use such as Abilities Based Learning Education Support (ABLES) resource, but it relies on schools adopting the resource, and knowing how to apply it at the school level, thus making it available to the students in the school.
The main recommendations coming out of the Held back inquiry found that the criteria for accessing funding needed to be amended and that the Victorian school system should be structured and funded to support access to education for students of all abilities, including students with a disability that affects their ability to participate and learn (Held Back, 2012, p.8). The report also found that Department of Education and Early Childhood Development (DEECD) lacked a feedback mechanism to actually assist schools in implementing supports for special needs learners, perhaps these will be areas that will be addressed on a policy level as part of the Federal Government’s education revolution.