I could label this "Private schools openly discriminate and proudly flout the law," but I know that not all schools are like this and it really wouldn't be fair on those that do follow the rules.
The article looks at a number of complaints lodged with advocacy groups and in some cases, the Equal Opportunity Board for each state or the Human Rights and Equal Opportunity Commission (HREOC). There are reports of wealthy private schools refusing to take a child because "They have their quota of autistic children", they "can't afford them" (but can afford a new pool and gymnasium?), demanding NAPLAN results to screen out children with learning disabilities (I've already spoken about why NAPLAN should not be used for this purpose) or in some cases, parents being asked to pay extra to fund a teacher's aide.
This, quite frankly, does not surprise me. I do recall my uni lecturers (many of whom do actually work in both the public and private sector as teachers, principals, consultants or members of governing bodies such as the Association of Independent Schools) describing this phenomenon and unfortunately, it does also extend to some public schools. Even though public schools by law cannot refuse entry to students, it does not exempt them from otherwise discriminating against students with disabilities.
Legally, both state and federal law prohibit schools from discriminating against students with disabilities. Why on earth do they need to include state law? a) to cover those areas where federal law does not apply (i.e. a pub), b) to solve matters before they need to turn federal and c) to cover those cases where federal law would not necessarily apply (i.e. carer responsibilities sometimes fall under "Disability").
It's not always bad for the school however, with HREOC providing a report that shows cases where the comissioner has found the education sector to be acting lawfully, those cases including children being disciplined for their behaviour within reason*, lack of special programs for individuals with a disability to gain entry into courses or programs for disabled students period and parents or students not reading the manual before enrolling (that is, they enrolled in their child in a school designed for their disability, but the school did not cater for said disability in the way that they wanted).
*-the general rule of thumb is that provided the school is consistent with their discipline policy, they will otherwise work within reason for that child (i.e. after he's warned about misbehaving, he might be asked to spend some time helping the principal instead of going straight to timeout, but if he misbehaves again, he goes to timeout) and the behaviour is not consistent with the disability (i.e. child with spina bifida cyberbullying another child, spina bifida does not cause children to not know that bullying is wrong), the school is usually regarded as having acted "lawfully."
On the other side, there are also cases where the school will eventually work with the parent after conciliation, with HREOC providing several cases of this here. These cases tend to vary along the entire spectrum of needs including complaints of access, not catering for needs, leaving a child out of an activity due to their disability and failure to provide "reasonable" adjustments. What counts as reasonable is usually decided through conciliation, or failing that, the commissioner.
Taking these points in mind, I know there will be some people who will claim "But my child attends this wealthy private school and they DO take on children with disabilities!" Here's a little test for you: find out how much of a fight the parents had to put up to get the child into the school. Ask how much support that child genuinely gets during the day. If those children are granted the exact same opportunities as mainstream students (i.e. attending excursions, camps and being allowed to represent the school in areas beyond "disability") and most importantly, if those children are encouraged to participate in the NAPLAN and (if they're in high school) if they're allowed to graduate Year 12 from the school (every state has a modified Year 12 certificate for individuals with disabilities). Just because your wealthy private school takes a child with a disability on, doesn't necessarily mean that they're receiving the best possible education they can receive. The responses will depend on whether or not the school is more focused on image than on actually learning.
So, what can we (or you) do to ensure that children with disabilities receive the best possible education out there?
- If a private school demands a child's NAPLAN results and does not have other criteria for entry (such as an audition), question why they require the results. Most states have a rule forbidding entrance exams of any shape or form for this reason. NAPLAN in this instance could be argued as an "entrance exam." The same rule also applies for any medical records (barring immunisation-that is legal under public health law).
- Be prepared to fight if needed and document everything. Every day you visited the school, what was said during the meeting (if you can tape it even better, however some states have laws against this so check those laws first), any phone conversations, emails, you name it. The more information you have, the better prepared you are for conciliation if it comes to that.
- If the school makes any claims around financial hardship, ask for proof of these and be prepared to negotiate in a way that doesn't affect you negatively. Depending on the disability, contacting other organisations (i.e. SPELD for dyslexia) may be needed and it may be helpful for the school to know where to go.
- If the disability is an "invisible" one (i.e. dyslexia), come armed with knowledge of support services.
- And above all else, remember that you do NOT need to settle for second best because your child has a disability.
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