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In August, the 2017 Education Law Masterclass will bring together some of Australia’s top law experts together in Sydney to discuss the key legal issues facing principals.
The one day conference – to be held at Sydney’s Dockside Darling Harbour on Wednesday 30 August – will cover issues such as disability discrimination, litigation, online bullying and how to deal with difficult parents.
One of the speakers at the event will be Kellie Edwards from Greenway Chambers law firm, who will be speaking on the topic of disability discrimination.
Below, Edwards outlines what principals and other school leaders need to know about this important, and at times, complex, area.
What are the biggest challenges that school leaders face when dealing with disability discrimination?
Each situation is different, what might be unlawful discrimination in one set of circumstances is not (usually) transferable to another. Each case must be assessed on its own facts. That is because:
- the wide range of disabilities which may be temporary, permanent or progressive in nature and range from the physical, such as being wheel-chair bound to mental, including depression/anxiety disorders;
- the particular circumstances (e.g. financial and other resources) of the schools impact on whether discrimination may be unlawful;
- the situations in which discrimination may arise may be very different and include the particular circumstances of school excursions (which may be for a single day or for overnight periods) to the location and accessibility of classrooms; and
- discrimination can occur not just in relation to students, but their parents and other teachers/principals.
Why is this topic so important for principals and other school leaders?
According to ABS statistics (the last survey of this kind being reported from the 2009 Census in June 2012), one-in-twelve children attending mainstream schools in Australia have a disability of some kind. This is not an issue one can avoid in any school. Further, while it is clear that the educational institution is liable for discrimination, potentially so are individuals including principals and other school leaders. The kinds of tools which I will discuss and may effectively be used to manage disability discrimination also have positive flow on effects for all kinds of discrimination. They build inclusiveness and support positive diversity. Diversity can either be a strength or a weakness. It is a weakness where there is lack of understanding that everyone is or will be different at some time in their life and an unwillingness to try and understand how those differences can change a person’s experience of life. Diversity is a strength where there is a willingness to engage with difference, to be curious about experiences different from our own and being willing to understand those experiences from a different point of view.
Why are events like this so important for the education sector more broadly?
There is a big difference between the outcomes of litigation concerning disability discrimination and the practical management of those legal obligations on a day to day basis. Poor practical management can lead not only to litigation, but also behavioural problems, disengagement with learning and psychiatric injury arising from the treatment itself (which is compensable separate to any other economic loss). In terms of good practical management, the importance of consultation cannot be underestimated and is often the difference between being the subject of litigation and avoiding that pain and expense. Done well, it has the added benefit of building a positive and inclusive school environment in which people (students, teachers, parents and the community) know that dealing with difference, in general, is an important priority that requires cooperation.
If you could give one piece of advice to school leaders relating to disability, what would it be?
Every case must be assessed on its own facts and by reference to the Disability Discrimination Act 1992 and the Disability Standards for Education 2005 and If in doubt (this area is complex), get specialist legal advice.
Click here to view the full conference schedule of the 2017 Education Law Masterclass
Super Saver discounts apply to online registrations made before Friday 30 June; or for the best rate Team Passes are available for group bookings of four or more delegates.