Creating Accessible Teaching and Support

The Disability Standards for Education clarify obligations under the DDA in relation to education and training. The Standards require organisations to take reasonable steps to enable students with disability to participate in education and use facilities and services on the same basis as a student without a disability. This may include making reasonable adjustments to teaching or assessment practices.  The standards also require universities to develop and implement strategies and programs to prevent harassment or victimisation of students with disability. 

If an education provider acts in accordance with the standards, they are deemed to have complied with the DDA. The standards are accompanied by guidance notes which are intended to assist in interpreting them.

However, the measures may not cover all eventualities and compliance with them may not be sufficient to prevent discrimination. Compliance with the measures is not required if legal obligation can be met in other ways.

The standards include:

• Rights of students in relation to education and training
• Responsibilities of education providers
• Measures which, if implemented, will be evidence of compliance and provide a defence against litigation

The DDA, through the standards, requires institutions to take reasonable steps to enable students with disability to participate in education and use facilities and services on the same basis as a student without a disability.

The standards also require universities to develop and implement strategies and programs to prevent harassment or victimisation of students with disability.

Universities are specifically required to ensure that:

• Curriculum, teaching materials and assessment and certification requirements for the course or program are appropriate to the needs of the student and accessible to him or her.
• Course delivery modes and learning activities (including those taking place outside the classroom) take account of the learning capacities and needs of the student and are sufficiently flexible for the student to be able to participate.
• Where a course includes an activity in which the student cannot participate, alternative activities are offered that provide an equivalent experience within the context of the overall aims of the course.
• Study materials are available in an appropriate format for the student and the student is not disadvantaged by the time taken for any conversion that is required.
• Teaching strategies are adjusted to meet learning needs of the student and address any disadvantage in the student’s learning that results from his or her disability. This includes the provision of additional support or the development of disability-specific skills.
• Assessment procedures are adapted to enable the student to demonstrate the knowledge, skills or competencies being assessed.
• Enable a prospective student to seek admission to and enrol in the university without undue difficulty.
• Make information accessible in a range of formats, within a reasonable timeframe and in a way that enables them to make informed choices about course selection and progression.
• Consult with the student about any implications of their disability for learning, review their course in light of this, and implement any reasonable adjustments required. (In making adjustments, universities should maintain the integrity of the course and of assessment requirements.)
• Provide additional support to the student and, where necessary, assist him or her to achieve intended learning outcomes.
• Inform staff and students about the obligation not to harass or victimise students with disabilities, take appropriate action if harassment or victimisation occurs and provide complaint mechanisms for students.
• Provide any specialised services for the student where necessary, including collaborative arrangements with specialised service providers and ensure that staff are aware of these.
  
• Provide any necessary specialised equipment to support the student in participating in the course or program.
• Provide appropriately trained support staff, such as interpreters, note-takers and aides, to ensure equitable access to education.

Universities Australia (formerly AVCC) developed Disability Guidelines, to assist universities in meeting the needs of students with disabilities across the spectrum of the student experience from recruitment and selection through to transition to employment. 

These guidelines suggest good practice in relation to the main aspects of university life. 

• Policy & Administration - pan-university management, infrastructure and administration.
• Learning & Teaching -  teaching, assessment and research aspects of the university.
• Campus Life & Services - provision of other services for students.

"An adjustment is a measure or action taken to assist a student with a disability to participate in education and training on the same basis as other students. An adjustment is reasonable if it achieves this purpose while taking into account the student's learning needs and balancing the interests of all parties affected, including those of the student with the disability, the education provider, staff and other students."

(Disability Standards for Education Guidance Notes 2005)

The DDA through the Disability Standards for Education requires institutions to take reasonable steps to enable the student with a disability to participate in education on the same basis as a student without a disability.  An adjustment is reasonable if it balances the interests of all parties affected so in assessing whether a particular adjustment is reasonable consideration should be given to:

• the student’s disability and his/her views
• the effect of the adjustment on the student, including effect on his/her ability to achieve learning outcomes, participate in courses or programs and achieve independence
• the effect of the proposed adjustment on anyone else affected, including the education provider, staff and other students and
• the costs and benefits of making the adjustment.

As a result, what constitutes "reasonable" varies on a case by case basis and the balance is sometimes difficult to strike.  However, it is clear that education providers are not required to lower academic standards or disregard the needs staff or other students. In more complex cases discussion with the disability service will be useful. It may be useful to examine previous judgements in relation to the DDA.