Towards Inclusive Schools: The Impact of the DDA and DSE on Inclusion Participation and Exclusion in Australia

  • Roselyn DixonEmail author


This chapter aims to provide insights into the implementation of the two most significant pieces of legislation in Australia relating to the area of access in Inclusive settings. Access and participation is one of Loreman’s ( 2014) three guides for the assessment of Inclusive Education (IE). The discussion of this chapter reveals that despite operating under the same national legislative acts, school systems are enacting Inclusion and participation in different ways leading to inconsistent levels of participation and access. At the same time, rates of segregation and exclusion are on the increase. The focus of this chapter will also be on how the Appeals process and Criminal Courts have interpreted the Disability Discrimination Act (/ 1992) and the Disability Standards for Education (2005) in a way that has excluded students with disabilities across all sectors and how some non-governmental systems are denying them access and participation. The chapter will conclude by discussing the need for a national approach to the DDA, the DSE and IE to allow the continued goals of the legislation and the Inclusion philosophy to be realised.


Disability legislation Inclusion Students with extra support needs Exclusion 


  1. Anderson, J., & Boyle, C. (2015). Inclusive education in Australia: Rhetoric, reality and the road ahead. Support for Learning, 30(1), 4–22. Scholar
  2. Australian Human Rights Commission Act 1986 – AustLII.
  3. Cologon, K. (2013). Inclusion in education: Towards equality for students with disability. Issues paper, Children and Families Research Centre, Macquarie University.Google Scholar
  4. ComLaw. (2016). Disability standards for education 2005 [Cth] (DSE). Retrieved from
  5. Commonwealth of Australia (Attorney – General’s Department). (2011). Disability standards for education.
  6. Daly, E. (2013). Student suspensions. A research review. Stage one. Commission for children Tasmania. Retrieved January, 2, 2014 from
  7. Dinham, G. (2008). Mandatory reporting of child abuse requirements for medical imaging professionals throughout Australia. The Radiographer, 55(3), 9–12.CrossRefGoogle Scholar
  8. Dickson, E. (2008). The inclusion and exclusion of students with disability related problem behaviour: The contrasting approaches of Australia and the United States of America. Australia & New Zealand Journal of Law and Education, 13(2), 49–63.Google Scholar
  9. Disability Discrimination Act. (1992). Retrieved from
  10. Dixon, R. M., & Verenikina, I. (2007). Towards inclusive schools: An examination of socio-cultural theory and inclusive practices and policy in New South Wales DET schools. Learning and Socio-cultural Theory: Exploring Modern Vygotskian Perspectives International Workshop 2007, 1(1), 192–208.Google Scholar
  11. Forlin, C., & Bamford, G. (2005). Sustaining an inclusive approach to schooling in a middleschool location. Australasian Journal of Special Education, 29(2), 172–181.CrossRefGoogle Scholar
  12. Graham, L. J., & Jahnukainen, M. (2011). Wherefore art thou, inclusion? Analysing the development of inclusive education in New South Wales, Finland and Alberta. Journal of Education Policy, 26, 263–388. Scholar
  13. Graham, L., & Slee, R. (2008). An illusionary interiority: Interrogating the discourse/s of inclusion. Educational Philosophy and Theory, 40(2), 277–293.CrossRefGoogle Scholar
  14. Graham, L. J., & Spandagou, I. (2011). From vision to reality: Views of primary school principals on inclusive education in New South Wales, Australia. Disability & Society, 26(2), 223–237. Scholar
  15. Graham, L., Proctor, H., & Dixon, R. M. (2016). How schools are avoiding enrolling students with disabilities in the conversation yearbook 2016: 50 outstanding chapters from Australia’s greatest thinkers. Melbourne: Melbourne University Press.Google Scholar
  16. Guthrie, R., & Waldeck, E. (2008). Disability standards and inclusiveness in education: A review of the Australian landscape. International Journal of Discrimination and the Law, 9(3), 133–162.CrossRefGoogle Scholar
  17. Individuals with Disabilities Education Act (IDEA). (2004). U.S. Department of Education.Google Scholar
  18. Kenway, J. (2013). Challenging inequality in Australian schools: Gonski and beyond. Discourse: Studies in the Cultural Politics of Education, 34(2), 286–308.Google Scholar
  19. Loreman, T. (2014). Measuring inclusive education outcomes in Alberta Canada. International Journal of Inclusive Education, 18, 459–483. Scholar
  20. O’Connell, K. (2016, May 5–6). How the DDA and the DSE have been implemented in NSW for students with challenging behaviours. Paper presented at the Aspect Autism in Education Conference, Melbourne.Google Scholar
  21. Shaddock, A., MacDonald, N., Hook, J., Giorcelli, L., & Arthur-Kelly, M. (2009). Disability, diversity and tides that lift all boats: Review of special education in the ACT. Chiswick: Services Initiative.Google Scholar
  22. Slee, R. (2011). The irregular school: Exclusion, schooling and inclusive education. Abingdon: Routledge.CrossRefGoogle Scholar
  23. UNESCO. (1990). World declaration on education for all. Online at Accessed 28 July 2014.
  24. UNESCO. (1994). The Salamanca statement and framework for action on special needs education. Paris: UNESCO.Google Scholar

Copyright information

© The Author(s) 2018

Authors and Affiliations

  1. 1.School of EducationUniversity of WollongongWollongongAustralia

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