Transcript Slide 1
Diversity, inclusion and participation
DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING
www.det.nt.gov.au
The big picture
NT Anti
Discrimination
Act
1996
Disability
Discrimination
Act
1992
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
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?
DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING
www.det.nt.gov.au
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?
DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING
www.det.nt.gov.au
ACTIVITY 1: Direct or indirect discrimination quiz
Complete the following quiz in pairs.
ACTION
Example
Refusing or
discouraging a
learner’s enrolment
application
1 a. Saying: ‘There are no places at preschool,’
(when there are vacancies).
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?’
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
Direct or Indirect
Discrimination??
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.’
2 b. Saying: ‘If we get funding, your child can come
here.’
3 b. Allowing conditional re-entry, resulting in ongoing
reduction in the number of lessons attended.
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
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
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
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?
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
Reasonable Adjustments
Changes 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:
Response:
Setting:
Timing:
assessment, teaching and
learning may include
learners could respond in a
variety of ways
assessment, teaching and
learning may occur in
different settings
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
DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING
www.det.nt.gov.au
Examples of assessment options
•portfolios
•checklists
•work samples
•multimedia presentations
•oral questions
•peer evaluation and self
evaluation
DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING
•anecdotal recording
•charts/posters
•oral presentations
•adults recording answers
•constructing e.g. models
•digital photos
www.det.nt.gov.au
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’
DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING
www.det.nt.gov.au
How do you cater for diversity?
‘All, Most, Some’ Support model
What some learners will learn
SOME
MOST
ALL
What most learners will learn
What all learners will learn
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.
DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING
www.det.nt.gov.au
Student Support Services
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
For more measures refer to the Disability Standards for Education
DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING
www.det.nt.gov.au
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
DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING
www.det.nt.gov.au
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?
DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING
www.det.nt.gov.au
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
DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING
www.det.nt.gov.au
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 services
Elimination of
harassment and
victimisation
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
What your responsible for
SSD
Collaborative Processes
Parents
Teachers
Leadership and
accountability
Aligned Support
Inclusive Teaching
and Learning
Principals
DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING
www.det.nt.gov.au
Resources to support you: Students with
Disabilities Policy and support materials
DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING
www.det.nt.gov.au