Case study – A two-year-old boy with autism excluded from private daycare^{[Footnote 1.]}

​​​The submission author has an autistic son who at two years of age had his education access restricted for throwing toys.

Despite no prior warning and having an inclusive support person in place, funded by the NDIS, the parents were told he had to be picked up at 2:30 pm each day with no compensation and no indication of how long this exclusion would last.

When the parent raised concerns with the Department of Education she was advised that she didn't have sufficient evidence of discrimination.

The parent was passionate about the need to support other parents by educating daycare centres and their educators to become a more inclusive environment for children of all needs and be held accountable for any type of discrimination.

They have now found an alternative long daycare which is meeting his needs, and he is now having a positive experience. The owner and operator of the new long daycare has their own child with additional needs.

End of case study.​

Case study – Grievance handling within a local public school^{[Footnote 5.]}

Child X is a bright, social and academically high-achieving student with complex needs, which include eating support. He is enrolled at his local public school however, he has had several episodes of non-attendance in the last two years due to his not feeling safe at school.

Recently Child X relayed to his parents an incident of concern that has left him reluctant to return to school. He had left his classroom to walk to the office, something he had received prior permission to do when feeling dysregulated. On reaching the office, a teacher there proceeded to pull him by his arms 'back to class'. Child X knows that being handled in this way by a teacher is not appropriate and he challenged the teacher, but she persisted. Child X noted there were no cameras in that area. The experience has left him feeling vulnerable and unsafe.

His parents are keen for this incident to be investigated and addressed as soon as possible so that their son can return to school. Based on previous experience of raising issues within his school, his parents have chosen instead to escalate their concerns to regional level.

The parents have previously experienced repercussions for raising a complaint about a teacher denying their son access to a sensory space. In response, a teacher made vexatious complaints against the parents which saw Police called and involvement with the Department of Communities and Justice. While these previous complaints against the parents were found to be groundless, the behaviour of the teaching staff towards the family caused immense anxiety and led to the family reporting the matter to the Professional and Ethical Standards (PES) unit within the Department of Education. PES dismissed the parents' complaint on the basis that the teacher had not technically breached procedure.

The family then made a vicarious complaint to the Australian Human Rights Commission on the basis of disability discrimination under s.58 of the Disability Discrimination Act. That complaint was upheld by the Commission and was before them for conciliation.

 End of case study.

​​​Case study – Challenges encountered in a local primary school's learning support unit^{[Footnote 6.]​}

Last year, Child K commenced his kindergarten year in a learning support unit at his local primary school, the only kindergarten child to do so that year.

His parents believed they had done all they could to smooth his way. This included:

• attending information sessions in the lead-up
• buying a second-hand uniform for him to practise wearing well before the school year commenced
• creating social stories
• reaching out to the school and arranging to meet with the assistant principal and his teacher to discuss his strengths and challenges
• supplying the school with therapist reports and expert guidance about him
• letting the school know that he was likely to seem settled at the start but once he felt comfortable his behaviours might become challenging.

The parents had hoped to discuss his progress but waited five weeks for an opportunity to do so. As Child K became dysregulated and non-compliant, his parents tried liaising with the school. The principal responded that the child had been made to pick up rubbish in the playground 'because he needs to know who's in charge'.

Child K was suspended twice that year for behaviour that was unsafe and aggressive. The first time was for two days and his parents were given a suspension letter. No re-entry meeting was offered to the parents, nor an action plan developed.

The second was for five days and this time he wasn't aware that he had been suspended until he'd arrived home.

His parents feel that, since his first day at the learning support unit, there have been ways in which his experience of school has segregated him from his peers. He was not offered a pass at lunch time to go to the library for quiet time; nor any small group tutoring to help him with the curriculum. No information was provided to his parents regarding other groups in the school like choir, so that they could support him to participate if he wanted to. And he was not allowed the stuffed animal that he uses for regulation due to advice from the department's behaviour therapist that all outside belongings including regulation tools should be banned. Instead, the school offered him their own tools for regulation.

Communication with the school has been a challenge and his school report showed a deficiency-based mindset, outlining expectations he would never meet and continual comparison to a neurotypical child. While the parents have sympathy for the teachers who they believe are not able to support his needs, they also feel they have little option other than to send their child to this school.

 End of case study.

​ Case study – An account by a girl with autism, written with the assistance of her siblings^{[Footnote 7.]}

Girl P has provided an account in her own words of her experiences in her local public school and how she wasn't supported.

'I am Autistic and girls often mask so their disability is hidden as they just want to fit in …'

'At school I would mask and the Principal kept telling my mum and my therapists that I didn't need any help at school despite all the medical information and recommendations … relating to simple reasonable adjustments …'

'I would come home from school and have a mega meltdown as home was my safe place. My parents spoke with the school begging for learning support for me and the Principal told them at school they didn't see these meltdowns that we saw at home'.

'At the time my older sibling was in Yr 12 and they had to leave home to study'.

'There was a very scary incident at school where the Principal pulled me in front of other students. It was mean I cried and it hurt and I went home and told my parents and that's why I home school now as my school didn't keep me safe'.

'I hope this inquiry and its recommendations made will be taken up on full by the NSW Government so that kids like me living with a disability never have to suffer the trauma and not be kept safe at school'.

 End of case study.

Case study – Challenges in transitioning to mainstream schooling^{[Footnote 8.]}

I have been too busy to make a submission because my daughter is currently not attending school. We had intended to transition her to the local mainstream school this year but they have not put adequate supports in place and I am not comfortable in sending her. Currently, I cannot see the issues being resolved and we are in a very difficult position. My daughter has a very rare genetic condition that is degenerative. It is a childhood dementia with blindness and intellectual disability. It is life limiting. We don't fit in the boxes. With a lot of effort and time we made things work at the local primary school. She had friends that have gone on to the high school. It is a shame the school leadership are not willing to work with us and make things work. We are willing to offer a lot of support but they are not listening.

 End of case study.

Case study: Leo's experiences with inconsistent and inappropriate application of adjustments in school^{[Footnote 9.]}

Marika of Square Peg Round Whole recounted her son's journey through the education system and how 'policy to practice' gaps affected the quality of his education, his inclusion in the school and even his safety.

Leo is 'autistic, with ADHD, generalised anxiety disorder, hypertonia, sensory processing disorder and learning difficulties. He has an individualised education plan, receives funding through the integration funding scheme and has been receiving support for literacy, numeracy and social skills since kindergarten. He is now 15 and in year 9, and on a partial attendance plan, and has not attended a full day of school in over 2½ years'.

Marika recounted one incident where she was called at work and told the school could not find her son, and would she like the police to be called? Her son was eventually found hiding in a storeroom, stressed and trying to calm down. She attributed this incident in part to his regular teacher being on scheduled leave, and a lack of communication between teachers at the school, including omitting to share a one-page information sheet. As a result, the replacement teacher did not follow Leo's medication, nor support him to eat.

The current goal for Leo in his individualised education plan concerns safety and belonging. Now in Year 9, Leo is on a partial attendance plan because his needs are not being met.

Leo's mother said: 'The behaviourist approaches, including suspension, have been incredibly ineffective and detrimental. We are advocating for a relational approach—a trauma-informed practice—which would be far more beneficial and attentive to our child's needs'.

In conclusion she noted 'Support for children is too often linked to parents' capacity and privilege for a diagnosis and to advocate, navigate and fill the gaps. There's a lack of transparency in what support is available and what is considered a reasonable adjustment, and I would really like to table that issue and have better transparency and understanding around reasonable adjustments'.

 End of case study.

Case study – Lapses in a culture of inclusion^{[Footnote 10.]}

Example 1

A parent was told by her son's school that he couldn't use technology to complete his Year 3 NAPLAN tests. This student had used an iPad in class for answering questions rather than writing the answers by hand, as it was faster and less tiring for him. The school had informed the parent that adjustments were available for her son and that the school could apply for a scribe for him. This, however, required him to do the tests in a separate room so as not to disturb the other students. His parent did not wish him to be excluded from his peers and was keen for a technology option.

After contacting the Department of Education to express her concerns, the parent was told that the school's advice was incorrect, and that her son could have used an online or PDF format, but that the school had missed the deadline to apply for the adjustment.

​Example 2

On the morning of a child's first athletics carnival his parents were telephoned by a 'panicked' deputy principal asking them how their child was going to get to the track. The child's parents had completed all the necessary paperwork provided by the school, checking the box that their child will catch the bus with all the other students. However, the school failed to consider the fact the child was a powerchair user and did not organise suitable transport for him. The parents felt the deputy principal expected them to return to the school and drive their child to the track in their accessible car. The parents responded that they had filled out the form like all the other students, so it was up to the school to organise suitable transportation for all students.

 End of case study.

Case study – Advocating for adjustments^{[Footnote 11.]}

Liam is 18 years old. He finished year 12 at the end of 2023, having attended both public and private schools. He has had a brain injury from birth, and had numerous brain and spine surgeries and long hospitalisations. 'Liam's disability affects both his intellectual and physical function and he requires assistance in most aspects of his daily life'.

Despite his parents' best efforts to secure an education for their son, they feel that they have failed him. Deeming the adjustments he required as superficial, they fought for Liam to be included in mainstream education for 10 years. In year 11, he was finally given an aide and admitted to mainstream full-time, where he 'thrived and achieved way beyond what his teachers ever thought possible, given his level of disability'. His parents noted that 'this was the first year Liam was given age- and curriculum-specific work. Prior to this, in the support unit, Liam completed work equivalent to a third and fourth grader, because the class work was tailored to the child with least ability'.

 End of case study.

Case study: Child B – Evidence provided in camera^{[Footnote 12.]}​

Child B is a nine year-old boy who is adventurous, thoughtful and creative. He's a great friend, and loves to be helpful. He also has Down Syndrome. His parents want the same educational opportunities for him as they do for his brother.

Child B's experience in kindergarten was very positive, with his classroom teacher and School Learning Support Officer working with his parents to help him make the most of his potential. They got to know him and he trusted them.

In the last two years, his experience has been quite different. Making even small adjustments for Child B such as providing consistency, structure, even visuals, are resisted, which the parents attribute to a lack of wanting to create an inclusive culture, led by the deputy principal.

The parents' efforts to achieve the kind of adjustments Child B needs have not been successful, resulting in Child B throwing things in response to growing anxiety, and leading to a number of suspensions. While the parents recognise throwing behaviour as a safety risk, they have been unable to get traction on strategies to mitigate it, stating:

We had so many meetings. We're a very engaged family. We've been very proactive; we've tried to be. He has a whole team of NDIS therapists who support him and who are ready and willing to provide strategies to the school. We've provided a list of strategies to the school to address the behaviour, and the school has consistently done the opposite of what everyone has recommended and done the things that have made things worse instead of the things that would have made things better.

The school's response has been to impose discipline, remove privileges, not permit Child B to do the things he likes to do, send him to the office, give him a lecture by the assistant principal and suspend him. His parents see this as a failure to understand that Child B was reacting in a way he couldn't control, and a failure to de-escalate the situation with alternative strategies. Child B has now become extremely anxious and scared of doing the wrong thing, which has further escalated the incidence of behaviour, leading to further suspensions. Such is his level of anxiety, he is at present not attending school.

End of case study.

Case study – Examples of adjustments that have benefited many^{[Footnote 14.]}​

Story 1

A 14 year-old student who attends a mainstream school near Tweed Heads was supported to attend an overnight camp. After some initial reluctance, the school had put adjustments in place so that he could attend and, while on that camp, he really bonded with a particular teacher. Fast-forward a few weeks and he was at school and his year 7 class were participating in PE. They were doing soccer but he couldn't participate in that. The teacher who he had bonded with was leading a year 9 group in African dance. Seeing this teacher who he had connected with, he went over and said, 'Can I join in? I love dancing'. He started dancing, and suddenly the whole year-9 cohort joined in, and it became this incredibly joyful, free-flowing example of how including people with disabilities in life can make a real difference.

Story 2

The private school of a primary school student in inner Sydney had taken great lengths to ensure that she could participate in the swimming carnival. Watching the whole cohort, particularly her daughter's year group, cheering so loudly for her daughter to swim, brought tears to her mother's eyes. But even more than that, she had parents coming up to her afterwards saying, 'For my child, a child without a disability, watching your daughter participate has encouraged them to participate, even though they equally don't like swimming (and) equally find it scary to participate in a race.

Story 3

A child in senior school who experiences regular seizures had a seizure in the classroom in view of everyone. Following that episode, parents reached out to her mother to say that their children had come home and said to them, 'This happened at school today. I didn't feel equipped to know what to do. Can you register me in first-aid training?' I think she said five or six students had gone and done first-aid training because they wanted to be able to support their friends better, and that those parents had also gone to do first-aid training. I think that's another example of how it benefits our whole community.

​Story 4

A parent of a child moving into high school was struggling to get adjustments in place and the Centre is helping the negotiations with the school. The parent spoke about the experience she'd had throughout a different primary school—a public primary school—and the fact that at the end of almost every year, the teachers had come to her and said something along the lines of, 'I haven't taught your child. She has taught me'.

End of case study.