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DRC Discussion Topic 2, Education

Background information

The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability released its Final Report on 29 September 2023 after four and a half years of inquiry. 

Almost 10,000 people shared their stories with the Royal Commission.

The Royal Commission looked at what governments, institutions and the community should do to prevent people with disability experiencing any form of violence, abuse, neglect or exploitation. 

It was focused on key areas including employment, education, employment, justice settings, healthcare and disability services.

Of the six commissioners who wrote the recommendations, two identify as living with disability and one is a parent of a daughter living with multiple sclerosis.

The Final Report makes 222 recommendations. 

Some of the recommendations are the responsibility of the Commonwealth Government, some are for State Governments, and some require collaboration between the two governments. 

The South Australian Government is writing a formal response to the recommendations.

The response will include if and how the South Australian Government will act on the recommendations that have been made by the Royal Commission.

The response is due by 31 March 2024.

As part of this process, the South Australian Government wants to ensure the voices of people with disability, their families are included.

The South Australian Government has asked Purple Orange to facilitate the sessions. 
These sessions are an opportunity for people with lived experience to make sure their views are considered when the South Australian Government responds to the Royal Commission.

Feedback from these sessions will be captured and included in a written section of the South Australian response. 

The sessions:
The South Australian Government has asked Purple Orange to facilitate six sessions focused on key areas of the Royal Commission Report. Session topics and dates listed here. 

Some of the main recommendations from the Royal Commission include:

  • A new Disability Rights Act
  • A new Disability Commission to manage the Disability Rights Act
  • A new Federal Disability Minister
  • A new National Disability Agreement between all governments in relation to funding
  • Improvement to safeguarding practices and laws
  • Improving disability support worker screening and recruitment processes

 

Commissioners disagreed about whether settings that separate people living with disability from non-disabled people (like group homes, ‘special’ schools, and supported employment) should continue or be phased out.

The commissioners who live with disability or have disability in their family want segregated settings to end by being phased out for different options.

The other commissioners do not want the segregated settings to end.

The commissioners who do want them phased out suggested long timelines to do this.

Second Session - Education

When talking about education, the Royal Commission recommended:

  • The Disability Discrimination Act be amended. This means more push for schools to take steps to prevent discrimination.
  • Some Commissioners believe that schools that only teach students with disability in ‘segregated’ settings should be phased out over 28 years, and that all students should be educated together in mainstream schools with their support needs met. 
  • The phasing out would include:
    • No new ‘special’ separate schools built, or new ‘special’ separate classes or units included in schools from 2025.
    • No new enrolments of children with disability in ‘special’ separate schools from 2032.
    • No new placements of children with disability in ‘special’ separate units or classes by 2041.
    • No students with disability in ‘special’ separate schools by 2052.
  • State and territory governments create laws that say students with disability can enroll in a local mainstream school.
  • State and territory educational authorities support connection by students at ‘special’ schools taking part in educational, cultural, sporting, recreational and celebratory activities with their peers in mainstream schools.
  • State and territory educational authorities have a dedicated careers guidance and transition support service for students with disability. This guidance would aid transition from school to further education and open employment.
  • State and territory educational authorities update policies for schools to better communicate with students and their parents.
  • The Education Ministers Meeting asks the Australian Institute for Teaching and School Leadership (AITSL) to review and amend the Australian Professional Standards for Teachers to ensure a human rights-based approach to inclusive education is taken.
  • All states and territories to employ lead practitioners specialising in inclusive teaching, behavioural support and deaf education.
  • The Education Ministers Meeting requests the Australian Education Research Organisation to develop a research program about inclusive education practices, and to support schools to turn this research into everyday school practices.
  • New duties and measures relating to complaint management procedures be included in the Disability Standards for Education 2005 (Cth).
  • State and territory school registration authorities include new complaint handling duties in registration requirements for all schools.
  • The Australian Government and the Education Ministers Meeting:
    • Review disability funding for adjustments every five years.
    • Develop a National Roadmap to Inclusive Education.
    • Include the milestones for phasing out special/segregated schools and units in the National Schools Reform Agreement.
    • Design a Transition Fund under the National Schools Reform Agreement from 2028 to provide funding to schools requiring additional support.

 

Key questions for education session:

Some of the Commissioners have recommended phasing out ‘special’ separate schools designed only for people with disability.

  • Do you see a place for ‘special’ separate schools/‘special’ separate options within education settings? Why or why not?
  • What is your experience with education? Either in a ‘special’ school or in a mainstream school or both?
  • What does inclusive education look like to you?

The Royal Commission has recommended that state and territory governments create a law that says students with disability can enrol in a local mainstream school.

  • What do you see are the barriers that currently prevent students with disability from participating fully in mainstream school?
  • What can the South Australian Government do to make the education system better for people with disability?
  • What would strengthening partnerships between mainstream and special separate schools look like to you?

Looking at the summary of the recommendations, did the Royal Commission miss any key issues relating to education that you would have liked to have seen in the final report?

What is the most important priority to you when it comes to education of people with disability? What should the Government focus on in the next year?