{"title":"Barriers to inclusion embedded in the Disability Discrimination Act 1992 (Cth)","authors":"E. Dickson","doi":"10.1177/00049441221127708","DOIUrl":null,"url":null,"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.","PeriodicalId":46741,"journal":{"name":"Australian Journal of Education","volume":"66 1","pages":"265 - 280"},"PeriodicalIF":1.5000,"publicationDate":"2022-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Australian Journal of Education","FirstCategoryId":"95","ListUrlMain":"https://doi.org/10.1177/00049441221127708","RegionNum":4,"RegionCategory":"教育学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"EDUCATION & EDUCATIONAL RESEARCH","Score":null,"Total":0}
引用次数: 2
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.
期刊介绍：
The Australian Journal of Education was established in 1957 under the editorship of Professor Bill Connell. Drawing upon research conducted in Australia and internationally, the AJE aims to inform educational researchers as well as educators, administrators and policymakers about issues of contemporary concern in education. The AJE seeks to publish research studies that contribute to educational knowledge and research methodologies, and that review findings of research studies. Its scope embraces all fields of education and training. In addition to publishing research studies about education it also publishes articles that address education in relation to other fields.
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