The Rights of Students with Disability

In NSW, students with disability have rights as a matter of law*. The purpose of those rights are to include students with disability such that they are given the same opportunities as those students without disability. These rights include that students with disability:

  • are entitled to enrol in their local government school if they are eligible to attend;

  • will be treated on the same basis as a student without disability and without experiencing discrimination;

  • will be welcomed, accepted and engaged in all aspects of school life free from harassment and discrimination;

  • are empowered to express their views, set goals, self-advocate and participate in decision-making processes about their education; and

  • will be supported by reasonable adjustments and personalised support.

The definition of ‘disability’ under the Disability Discrimination Act is wide-ranging. Students do not need a formal diagnosis in order to access the rights listed above. They are mandatory - it is the responsibility of each and every school in NSW to adhere to the rights above.

With that said, many students still face discrimination and feel excluded from participating in all aspects of school-life. They are sometimes not supported with reasonable adjustments and the personalised support that they are entitled to.

At Right to Learn, we actively advocate for students with disability. If you feel as though your child is not being included as is their right, or need any further information, please don’t hesitate to get in contact with us. 


*See Education Act 1990 (NSW),Disability Discrimination Act 1992 and Disability Standards for Education 2005.

Emily Delaney

Emily is an Education Specialist with experience as a special needs assistant principal, teacher and distance education tutor. She is trained in Growth Coaching and the Neurosequential Model for Education. Emily is an education advocate and committed to improving outcomes for students with disabilities.

https://righttolearn.com.au
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