Submissions
March 2023
CYDA's submission to the consultation on the draft Quality Framework for the Disability Employment Services Program
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Education for the community
Overview
Supporting inclusive education is a central part of CYDA's work. We undertake ongoing systemic advocacy to ensure Australia realises inclusive education for all children and young people with disability. Our work is informed by the experiences, challenges and needs of students with disability.
Education and students with disability – the current state of play
The key findings from our 2019 National Education Survey were consistent with the previous three surveys, showing that students with disability are routinely excluded in their education. Many students experience 'gatekeeping' and are segregated from ‘mainstream’ schools and classrooms, not attending school full-time, refused enrolment and excluded from school activities. Suspensions and expulsions are also familiar practices, showing the lack of understanding and support for students with disability. While most students receive some specific support at school because of their disability or learning difference, there are many families who are out-of-pocket for supports and equipment to enable their child to participate. Many students do not have a personalised individual education plan in place.
Research evidence overwhelmingly supports inclusive education. As well as positive outcomes for social justice and a sense of community and belonging, there are benefits for learning outcomes and for the social, behavioural and physical development of children and young people who do and do not experience disability.
The findings from our 2019 National Education Survey show it is time for transformational change in our education system to ensure the inclusion of students with disability. Sadly, the prevalence of educational segregation and exclusion, lack of support for students, non-inclusive school cultures and alarming rates of abuse and violence highlight that education systems are failing children and young people with disability. The Disability Royal Commission presents an opportunity for Australia to right its wrongs and start providing children with disability the inclusive education they are entitled to – it is their human right.
Evidence for inclusive education
The key findings of the Towards inclusive education: A necessary process of transformation report were:
- There is no evidence base to support segregated education in any form, including in special schools, units or classrooms. Segregated education is a breach of Australia’s international human rights obligations under the UN Convention on the Rights of Persons with Disabilities (CPRD).
- There is no child or young person too complex or ‘disabled’ to be included in general ‘mainstream’ education settings.
- The research shows the benefits of inclusion in ‘mainstream’ education for students with disability, including:
- better academic and vocational outcomes than their peers in non-inclusive settings
- greater social interaction, resulting in more opportunities to establish and maintain friendships
- increased independent communication and speech and language development, in turn supporting greater inclusion and active participation
- a sense of belonging and a self-concept of not just being a receiver of help but also a giver of help
- access to a broader range of play and learning activities, which can stimulate physical development and enhance children’s experiences
- Inclusive education also benefits students without disability, teachers and educators, and the wider community.
Inclusion and the law
The right of children with disability to attend their local government schools is a right protected by the Disability Discrimination Act 1992 (and the Disability Standards for Education 2005 established under the Act). This reflects Australia’s international obligations under the United Nations Convention on the Rights of Persons with Disabilities (see Article 24) and the priorities of the National Disability Strategy 2010-2020, which states, “The shared vision is for an inclusive Australian society that enables people with disability to fulfil their potential as equal citizens”.
Under the Disability Discrimination Act 1992, a school or other education authority is not permitted to discriminate on the grounds of disability:
- in deciding an application for admission
- in the terms or conditions on which it is prepared to admit a student (e.g. by requiring higher fees or accepting payment of the cost of an education assistant or aide)
- by denying or limiting a student’s access to any benefit provided by the school (e.g. excursions, sports or extra curricular activities and areas of the school)
- by expelling a student
- by developing curriculum content that will exclude a student from participation
- by subjecting a student to any other detriment.
Although the Disability Discrimination Act 1992 makes an exception where the adjustment will cause “unjustifiable hardship”, it is up to the school or other relevant educational authority to prove this. As a matter of law, it can be difficult for schools to prove “unjustifiable hardship” even when accommodating a student with disability involves substantial costs.
The Disability Standards for Education clarify the obligations of education and training providers and the rights of people with disability under the Disability Discrimination Act 1992. You can read more information here and view fact sheets about the Standards, including about making complaints.
When complaints of discrimination in breach of the Disability Discrimination Act 1992 are not able to be resolved at a more local level, the Australian Human Rights Commission is responsible for investigating and resolving them.
Equal opportunity/anti-discrimination legislation in each state also applies in the area of education, and complaints may be made to the relevant boards or commissions.
Policy, standards and regulations
The Australian Curriculum sets the goal for what all students should learn as they progress through their school life – wherever they live in Australia and whichever school they attend.
Adjustments for students with disability are measures or actions taken to help a student participate in education and training on the same basis as their peers without disability.
The Nationally Consistent Collection of Data on School Students with Disability (NCCD) is an annual collection of information about Australian school students with disability. The NCCD enables schools, education authorities and governments to better understand the needs of students with disability and how they can be best supported at school.
Resources
Submissions
January 2023
CYDA's pre-budget submission 2023-24
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Research & reports
January 2023
How to make education better - Easy English version of the ACIE Roadmap achieving inclusive education in Australia
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Research & reports
December 2022
LivedX 2022 series: Summary and Easy Read - Tertiary education and learning
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Research & reports
December 2022
LivedX 2022 series: Summary and Easy Read - Healthcare settings for LGBTQIA+ Youth with disability
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Research & reports
December 2022
LivedX 2022 series: Summary and Easy Read - Inclusion and decision making
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Research & reports
December 2022
LivedX 2022 series: Summary and Easy Read - Community spaces for LGBTQIA+ Youth with disability
Download
Research & reports
December 2022
LivedX 2022 series: Full policy paper - Tertiary education and learning
Download
Research & reports
December 2022
LivedX 2022 series: Full policy paper - Financial security and employment
Download
Research & reports
December 2022
LivedX 2022 series: Full policy paper - Healthcare settings for LGBTQIA+ Youth with disability
Download
Research & reports
December 2022
LivedX 2022 series: Full policy paper - Community spaces for LGBTQIA+ Youth with disability
Download
Research & reports
December 2022
LivedX 2022 series: Full policy paper - Inclusion and decision making
Download
Research & reports
December 2022
Report: Taking the first step in an inclusive life Experiences of Australian early childhood education and care
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Submissions
December 2022
Submission to the Senate Inquiry into on the national trend of school refusal
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Media Releases
October 2022
Federal budget takes some steps toward inclusion, but more is needed to address challenges faced by children and young people with disability
Article
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Media Releases
October 2022
Media release: The needs of young people with disability must be addressed in upcoming NDIS review
Article
News
October 2022
The impact of ending mandatory self-isolation periods for people with COVID-19 on children and young people with disability.
Download
Research & reports
October 2022
Webinar series - Inclusion in early childhood
Video
Submissions
September 2022
Submission to Senate Select Committee on Work and Care
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Research & reports
September 2022
Event: Progress made and remaining challenges for students with disability
Article
News
September 2022
Being realistic about inclusion: What’s realistic for young people with disability?
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Submissions
August 2022
Response to Disability Royal Commission's background paper: Supported decision-making and guardianship: proposals for reform
Download
Research & reports
August 2022
How did COVID-19 impact post-school transitions for young people with disability and how can these be better supported?
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Fact sheets
June 2022
Tips for early intervention from CYDA Webinar on Early Childhood
Download
News
May 2022
Recording: Young, Powerful & Engaged: CYDA's Federal Election Forum
Video
Submissions
April 2022
CYDA Federal Election Platform 2022
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Submissions
February 2022
Submission to the consultation of the New Disability Employment Support Model
Download
Submissions
July 2021
Quality Initial Teacher Education Review
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News
June 2021
Conference of State Parties to the Convention on the Rights of Persons with Disabilities - Mary Sayers speech
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Submissions
March 2021
#End Segregation Campaign and Position Paper on Segregation
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Media Releases
February 2021
Media Statement: Education jurisdictions let off the hook by the Disability Royal Commission during COVID-19 after neglect of students with a disability
Download
News
December 2020
Media: Disability groups fight to end segregation of people with disability in Australia
Article
News
December 2020
UN event: It all begins with education
Media Releases
November 2020
Media Statement: Victoria pulls the first lever on delivering inclusive education
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Research & reports
November 2020
National Youth Disability Summit - What young people with disability said - Education Position Paper
Download
Research & reports
November 2020
Education in remote and complex environments: House of Representatives Standing Committee on Employment, Education and Training
Article
Submissions
October 2020
Disability Royal Commission - Response to Restrictive Practices issues paper
Download
News
October 2020
Media: Disability Royal Commission and CYDA in the media
Article
News
October 2020
Joint media statement: Australia is failing students with disability, evidence to the Royal Commission will show
Download
Submissions
September 2020
2020 Review of the Disability Standards for Education 2005
Download
News
September 2020
Media: Students with disabilities could be disadvantaged if HECS loans are removed from failing students
Audio
News
August 2020
Podcast: Students with disability during COVID-19 - Advocacy for Inclusion
External Website
News & media
July 2020
Audio: Ann speaking on Jane's COVID story
Video
News
July 2020
Podcast: Left behind: remote learning while living with disability By Hilary Harper on Life Matters
External Website
News
July 2020
Article: 'One of the most difficult times we've ever experienced': Students with disability struggle during pandemic
Article
News
July 2020
Article: Only one fifth of school students with disability had enough support during the remote learning period
Article
Media Releases
July 2020
Almost half of students with disability denied key school supports during pandemic: New research reveals
Download
Research & reports
July 2020
Not even remotely fair: Experiences of students with disability during COVID-19 - Summary Report
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Submissions
July 2020
Senate Select Committee on Autism inquiry
Download
Research & reports
July 2020
Not even remotely fair: Experiences of students with disability during COVID-19 - Full Report
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Research & reports
July 2020
ACIE Driving change: A roadmap for achieving inclusive education in Australia
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Submissions
June 2020
Addition to submission 30 to inquiry into education in remote and complex environments
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Submissions
June 2020
Victorian consultation on lessons from remote learning
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Media Releases
May 2020
More than isolated’: COVID-19 compounds inequities for children and young people with disability
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Submissions
May 2020
Inquiry into the Australian Government response to the COVID-19 pandemic
Download
Research & reports
April 2020
ACIE providing inclusive education in a time of crisis - Principles & recommendations
Download
Fact sheets
March 2020
ACIE learning at home during a time of crisis COVID19 (coronavirus)
Download
Submissions
February 2020
Inquiry into the education of students in remote and complex environments
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Submissions
November 2019
Inquiry into free and equal: an Australian conversation on human rights
Download
Research & reports
October 2019
Towards inclusive education: A necessary process of transformation
Download
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Fact sheets
October 2019
Addressing ableism in education
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Fact sheets
October 2019
Transformation to inclusive education: the next steps
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Fact sheets
October 2019
What are the benefits of inclusive education?
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Fact sheets
October 2019
What is inclusive education?
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Research & reports
October 2019
Time for change: The state of play for inclusion of students with disability
Download
Submissions
October 2019
Disability Royal Commission - Education of children and young people with disability
Download
Submissions
September 2019
Restrictive practices authorisation in NSW
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Submissions
November 2018
Feedback regarding restraint and seclusion in Victorian government schools
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Submissions
July 2018
Supported school transport and transition to the NDIS
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Submissions
August 2017
Provision of services under the National Disability Insurance Scheme early childhood early intervention approach
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Submissions
February 2017
Inquiry into students with disability or special needs in New South Wales schools
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Submissions
July 2016
Abuse of students with disability in Australian schools
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Submissions
June 2016
National education evidence base issues paper
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Submissions
January 2016
CRPD draft general comment on the right to inclusive education
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Research & reports
November 2015
Post school transition: The experiences of students with disability
Download
Submissions
August 2015
Hear our voices - current levels of access and attainment for students with disability in the school system and the impact on students and families associated with inadequate levels of support
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Submissions
June 2015
Review of the disability standards for education 2015
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Submissions
March 2015
CRPD general discussion on the right to education for persons with disabilities
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Submissions
September 2014
Inquiry into childcare and early childhood learning
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Submissions
September 2014
Productivity Commission inquiry into childcare and early childhood learning
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Submissions
March 2014
Senate select committee on school funding
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Submissions
March 2014
Review of the national curriculum
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Research & reports
January 2014
Belonging and connection of school students with disability
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Submissions
February 2013
Australian Education Bill 2012
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Legislation & acts
January 2013
Australian Education Act 2013
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Submissions
October 2012
Senate inquiry into teaching and learning
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Submissions
February 2012
Schools workforce - productivity commission draft report
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Submissions
September 2011
Review of funding for schooling
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Submissions
May 2011
Review of disability standards for education 2005
Download
Legislation & acts
March 2005
Disability Standards for Education 2005
External Website