LEGAL IMPLICATIONS

Gemma Tyack

Due to the steady increase of students with disabilities enrolling in and attending public schools, there have been many legal implications introduced involving the inclusion of children with learning difficulties and disabilities into mainstream classrooms. The legislation and standards for education have been introduced to minimise discrimination, and increase the rights of the teachers and all students (Marsh, 2008). These policies and guidelines were established to help teachers, parents, students and other professionals provide a positive, safe, and inclusive learning environment for all. These principles reflect the idea of social justice and the belief that all children with disabilities have the right to an “appropriate education” (Dempsey, 2001, p.54).

To ensure these principles are met, teachers need to provide the necessary support required for students to exercise their rights in the classroom. These rights are outlined by the Educational Department of each State and Territory, and include policies such as exercising freedom of speech both in the classroom as well as in the playground, academic freedom or the freedom to learn, respect for teachers and students, and protection from bullying and discrimination (Marsh, 2008). To illustrate, as students with disabilities may be subject to a heightened degree of bullying, it is important that teachers educate and inform fellow students on the condition or disability to promote awareness, and encourage positive social interactions (Conway, 2001: Dempsey, 2001). In addition, teachers and schools must immediately tackle any cases of bullying and establish that this behaviour will not be tolerated or accepted. When implemented correctly, these policies can promote inclusivity, respect, and the opportunity for quality education for all students (Ashman & Elkins, 2009a). 

Another important aspect surrounds educational discrimination. Students with learning disabilities must not be refused admission or dissuaded to enrol in regular schools, or be offered restricted access to services (Dempsey, 2001). These forms of discrimination are prohibited against the Human Rights and Equal Opportunity Commission, 1998, federal policy, and as a result, schools and teachers must ensure that they do not “handicap students with special needs”, and make sure that students with disabilities “have the same degree of access to school services as other students” (Dempsey, p.37). As a result, schools must ensure children with disabilities are not disadvantaged and provide them with access to services and programs to strengthen their learning and development. 

Students must be able to access the curriculum and The Disabilities Discrimination Act necessitates that teachers must ensure that any materials or student resources must be accessible where possible, in formats that suit the learning requirements of the students. An example of facilitating this for students with hearing impairments is for the teacher to provide printed handouts of any spoken presentation (Heward, 2009). The Disability Standards for Education (Ruddock, 2005) embody this view and outline that education providers must ensure learning experiences and assessments are designed to accommodate students with disabilities. These adaptations must allow participation to the same extent as a student without a disability and be delivered in a manner that ensures they don’t experience discrimination. In the case of assessments, educators can ensure equality by making any adjustments that may be necessary in order for students with disabilities to demonstrate the skills, knowledge, and competencies being assessed in a manner that takes into account the limitations of the disability (Ruddock).

Teachers must strive to provide a classroom that is a safe and positive learning environment for their students. To ensure this, it is imperative to implement and follow guidelines, policies and rules, and provide students with resources that assist them with any issues or problems they may face either at school or home. In addition, teachers must be ethical and foster a learning community that maximises the educational and social outcomes of all students and ensure that all students understand the value of diversity in society (Ashman & Elkins, 2009a).