Disability Standards for Education

These Standards are subordinate legislation to the DDA and education providers must comply with them.  They aim to clarify the legal obligations in relation to education.  If an education provider acts in accordance with the standards, they are deemed to have complied with the Act.  The Standards are accompanied by Guidance Notes which are intended to assist in interpreting them. 

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.

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 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, and specifically 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 not occurring in a 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, an alternative activity is offered that provides 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 the 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.

Universities are also required to take reasonable steps to ensure that a student with disability is able to participate and use facilities and services on the same basis as a student without disability. The Standards also require universities to develop and implement strategies and programs to prevent harassment or victimisation of students with disability. Specifically, universities must:

• enable a prospective student to seek admission to, and enrol in,  the university without undue difficulty
• make information that addresses the needs of students with disabilities accessible to them in a range of formats - within a reasonable time frame and in a way that enables them to make informed choices about course selection and progression
• consult with the student, review her/his course in the light of this information and implement any reasonable adjustments required. (In making adjustments, universities should maintain the integrity of the course and assessment requirements and processes)
• 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
• ensure that staff are aware of the specialised services available and are able to assist the student to access such services
• provide specialised services for the student, where necessary, including collaborative arrangements with specialised service providers
• 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.