ࡱ> TS/( / 0DArialngs% (0(:A 0 DTimes New Roman(0(:A 0 h DWingdingsRoman(0(:A 0 @ .  @n?" dd@  @@`` h,H     //HG,,HH..**>>     21   ()  5 ()() () ()  0AA@8qrʚ;ʚ;g4SdSd@:A 0~ppp@ <4ddddl$ 0p%  0___PPT10 pp___PPT9|?  %&vDISABILITY DISCRIMINATION AND EDUCATION  CURRENT ISSUES<<,*Chris Ronalds SC Frederick Jordan Chambers +Overview Disability discrimination law  coverage Definition of disability Definitions of discrimination Education coverage Unjustifiable hardship Recent cases Disability Education Standards: Contents Implications *ZZTwo Laws Disability Discrimination Act 1992  a federal law Anti-Discrimination Act 1977 - NSW Act which includes disability.u"$4Definition of  disability a. total or partial loss of the person's bodily or mental functions; or b. total or partial loss of a part of the body; or c. the presence in the body of organisms causing disease or illness; or d. the presence in the body of organisms capable of causing disease or illness; or 2| " ZZ 4Definition of  disability ~e. the malfunction, malformation or disfigurement of a part of the person's body; or f. a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or g. a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. 2W " P(P}.s     Direct Disability Discrimination!!zWhere a person treats another person: Less favourably In the same or similar circumstances to a person without a disability. And that treatment is on the ground of the person s disability.<&5c&5c"Indirect Disability Discrimination##with which a substantially higher proportion of persons without the disability comply or are able to comply; and which is not reasonable having regard to the circumstances of the case; and with which the aggrieved person does not or is not able to comply. 8rvdPdP Education Provisions2It is unlawful to discriminate: on admission  by refusing an application or the terms or conditions of admission, once a student  by denying or limiting any benefit, by expulsion or by any other detriment if any action or decision taken on the ground of the person s disability. B ZZKZ K Unjustifiable hardshipiAll circumstances are considered including: a. the nature of the benefit or detriment likely to accrue or be suffered by any persons concerned; and b. the effect of the disability of a person concerned; and c. the financial circumstances and the estimated amount of expenditure required to be made by the person claiming unjustifiable hardship. 8jZ,9  Recent Cases xPurvis v New South Wales (Department of Education and Training): High Court decision Definition of direct discrimination required a comparison between a person with a disability who behaved in an anti-social or violent manner compared with another student without a disability who behaved in an anti-social or violent manner AND NOT with a student with a non-violent studentbAZZZ0Z?#   Recent Cases Catholic Education Office v Clarke Full Federal Court The failure to offer an Auslan interpreter to a year 7 student was an act of unlawful disability discrimination.F#s"s(" .S  #Disability Standards for Education $"Commenced operation on 10 August 2005. Covers all schools, TAFE colleges and universities. Major concepts:  on the same basis  reasonable adjustments Consulting students Standards Measures for compliance 6lPdPlb Disability Education Standards   On the same basis means treating the person with a disability on the same basis as the person without a disability: Same opportunities and choices Compared to those offered to others without a disability *wZwZ Disability Education Standards  N Making reasonable adjustments means: Taking a measure or an action That has the effect of assisting the student with a disability Which is reasonable   if it balances the interests of all parties affected Taking account of the student s disability, their views, the effect of the adjustment'( . Reasonable adjustment Means taking account of all the relevant circumstances and interests, including: the student s disability; the views of the student or the student s associate, the effect of the adjustment on the student, including the effect on the student s: ability to achieve learning outcomes; and ability to participate in courses or programs; and independence; the effect of the proposed adjustment on anyone else affected, including the education provider, staff and other students; the costs and benefits of making the adjustment.`SPPkPPSk2 Consulting the student The student must be consulted about an adjustment and whether: the adjustment is reasonable, it achieves its aim, any other reasonable adjustment would be less disruptive and intrusive and no less beneficial for the student. 2??Disability Education StandardsSpecific areas covered: Enrolment Participation Curriculum development, accreditation and delivery Student support services Harassment and victimisation Associate of person with a disability(  ` %%/3f3` E1Affff` ffCIfff` CI33̙` rCI]2}/<̙` q3fff3` 3ffffff` ff3f` ff3̙f` ffff3f>?" dd@*?Fd@lK " d@0`4 n?" dd@   @@``PP   @ ` `6p>> p (    <  #" `x:   T Click to edit Master title style! !$  0\  "   RClick to edit Master text styles Second level Third level Fourth level Fifth level!     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