Abstract
This chapter explains the legislation and associated case law which underpins the right to reasonable adjustment in education for students with disabilities in Australian schools. It focuses, particularly, on obligations which arise under the Disability Standards for Education 2005 (Cth). It gives examples of the kinds of adjustment which may be made to promote equality of opportunity in the area of assessment. It also considers how the law has constructed the border between reasonable adjustment and academic integrity.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
It is acknowledged that ‘inclusion’ is a contested term in the context of the education of students with disability. Analysis of the meaning of the term is beyond the scope of this chapter. For the purpose of this chapter, ‘inclusion’ is used by the authors to mean enrolment at a mainstream school which also enrols students without disability. It is also acknowledged that the Disability Standards for Education 2005 (Cth) use the word ‘participation’ rather than inclusion in this context.
References
ACT Government Education & Training (ACTGET). (2013). Taskforce on students with learning difficulties. Canberra: ACT.
Australian Bureau of Statistics. (2011, March). 4102.0 – Australian social trends. ‘Year 12 attainment’. Canberra: ACT.
Australian Curriculum Assessment & Reporting Authority. (2013). Student diversity and the Australian curriculum. Advice for principals, schools and teachers. Sydney: ACARA.
Beitsch, R. (2016, December). Special education case at Supreme court could prove costly for schools. Stateline. Retrieved from http://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2016/12/08/special-education-case-at-supreme-court-could-prove-costly-for-schools
Brett, M., Harvey, A., Funston, A., Spicer, R., & Wood, A. (2016). The role of inherent requirement statements in Australian universities. Report for the National Centre for Student Equity in Higher Education (NCSEHE), Curtin University.
Camilli, G. (2013). Ongoing issues in test fairness. Educational Research and Evaluation: An International Journal on Theory and Practice, 19(2–3), 104–120.
Cumming, J. J. (2012). Valuing students with impairments: International comparisons of practice in educational accountability. Dordrecht: Springer.
Cumming, J., & Dickson, E. (2013). Educational accountability tests, social and legal inclusion approaches to discrimination for students with disability: A national case study from Australia. Assessment in Education Principles, Policy & Practice, 20(2), 221–239. https://doi.org/10.1080/0969594X.2012.730499.
Cumming, J., Dickson, E., & Webster, A. (2013). Reasonable adjustments in assessment: Putting law and policy into practice. International Journal of Disability, Development, & Education, 60(4), 295–311. https://doi.org/10.1080/1034912X.2013.846467.
Dickson, E. (2012). The assessment of students with disabilities: The Australian law as to reasonable adjustment and academic integrity. International Journal of Law and Education, 17(2), 49–62.
Dickson, E. (2014). Disability standards for education 2005 (Cth): Sword or shield for Australian students with disability. International Journal of Law and Education, 19(1), 5–20.
Disability Discrimination Act. (1992). Retrieved from http://www.austlii.edu.au/au/legis/cth/consol_act/dda1992264/
Forlin, C., Keen, M., & Barrett, E. (2008). The concerns of mainstream teachers: Coping with inclusivity in an Australian context. International Journal of Disability, Development and Education, 55(3), 251–264.
Hall, L., & Patty, A. (2012, 4 July). Student loses appeal over 99.95 HSC mark. Sydney Morning Herald. Retrieved from http://www.smh.com.au/national/education/student-loses-appeal-over-9995-hsc-mark-20120703-21flw.html
McNaught, K. (2013). The potential impacts of ‘inherent requirements’ and ‘mandatory professional reporting’ on students, particularly those with mental health concerns, registering with university disability/support services. Journal of the Australian and New Zealand Student Services Association, 42, 25–30.
NSW Ombudsman (NSW O). (2013). A level playing field? HSC disability provisions. Sydney: NSW O.
O’Rourke, J., & Houghton, S. (2008). Perceptions of secondary school students with mild disabilities to the academic and social support mechanisms implemented in regular classrooms. International Journal of Disability, Development and Education, 55(3), 227–237.
Ofsted. (2010). The special educational needs and disability review. A statement is not enough. Manchester: Ofsted.
The National Autistic Society. (2015). Choosing a school in England. Retrieved from http://www.autism.org.uk/about/in-education/choosing-school/england.aspx
Victorian Certification and Assessment Authority. (2012). VCE chemistry assessment handbook 2010–2015. Melbourne: VCAA.
Victorian Equal Opportunity & Human Rights Commission (VEOHRC). (2012). Held back: The experiences of students with disabilities in Victorian schools. Carlton: VEOHRC.
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2018 The Author(s)
About this chapter
Cite this chapter
Dickson, E., Cumming, J. (2018). Reasonable Adjustment in Assessment: The Australian Experience. In: Trimmer, K., Dixon, R., S. Findlay, Y. (eds) The Palgrave Handbook of Education Law for Schools. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-77751-1_14
Download citation
DOI: https://doi.org/10.1007/978-3-319-77751-1_14
Published:
Publisher Name: Palgrave Macmillan, Cham
Print ISBN: 978-3-319-77750-4
Online ISBN: 978-3-319-77751-1
eBook Packages: EducationEducation (R0)