Affiliation:
1. Queensland University of Technology, Australia
Abstract
The Disability Discrimination Act 1992 (Cth) (DDA) prohibits discrimination by schools against students with disability. The DDA and the associated Disability Standards for Education 2005 (Cth) (DSE) also impose a positive obligation on schools to make reasonable adjustment for students with disabilities. The promise of inclusion implicit in these laws, however, has not always been delivered upon, as there are still opportunities for schools to exclude students with disabilities, without breaching the laws. This article provides an overview of relevant provisions of the DDA and DSE, before considering the legal barriers to inclusion which have been constructed by courts through their interpretation of the DDA.
Funder
2021 Spencer Foundation Mentoring Award granted to Professor Linda Graham, School of Education, Queensland University of Technology
Reference48 articles.
1. A Hard Case Making Bad Law: Purvis V New South Wales and the Role of the Comparator under the Disability Discrimination Act 1992 (CTH)
2. Commonwealth, Parliamentary Debates, House of Representatives. (19 August 1992). (Mary Crawford).
3. Commonwealth, Parliamentary Debates, House of Representatives. (19 August 1992). (Wilson Tuckey).
4. Commonwealth, Parliamentary Debates, House of Representatives. (3 December 2008). 12292 (Robert McLelland, Attorney General).
Cited by
3 articles.
订阅此论文施引文献
订阅此论文施引文献，注册后可以免费订阅5篇论文的施引文献，订阅后可以查看论文全部施引文献