Appendix 1 School site visit summary report.docx
Appendix 2 Submissions.docx
Appendix 3 Witnesses at hearings.docx
Appendix 4 Minutes.docx
Appendix 5 Dissenting statements.docx
Chair's foreword
I am pleased to deliver the report of the inquiry into children and young people with disability in New South Wales educational settings.
This inquiry gave us the opportunity to hear directly from children and young people with disability and their families, educators and representatives about how we can make NSW's education system safe, inclusive and accessible for all students. Following the landmark Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, which focused considerably on inclusive education as the nucleus of an inclusive society, the committee examined the state of NSW's education system including public and private mainstream and special educational settings, from early childhood education through to vocational education and university settings.
The committee found that a lack of inclusion experienced by children and young people with disability across various educational settings has profound impacts and lifelong consequences on various aspects of their lives, including in employment, social life, accessing essential services and more. The inappropriate use of exclusionary discipline such as suspension and expulsion of students with disability can be particularly devastating.
Beyond the impact on students and their families, it was clear from our inquiry that a lack of inclusion in New South Wales educational settings reinforces prejudice, discrimination and ableism in society which, in turn, perpetuates non-inclusive practices in the education system.
The report makes targeted recommendations for change that seek to address gaps in NSW's education system through legislative and policy changes, greater investment in mainstream schools and highly qualified educators, and a fundamental shift in the culture within schools.
Education systems rely on the quality of training and support of the teachers and support staff who assist and teach children in the classrooms each day. We note the strong policy framework in New South Wales, where all teaching degrees and continuing professional development for teachers must include content on teaching students with disability. However, the inquiry identified that gaps remain in meeting the needs of students with disability, hence recommendations focussing on up to date professional practice, upskilling of teachers, and providing incentives for teachers to gain specialist qualifications.
One area that drew the committee's particular attention was whether schools are meeting their statutory obligations to provide reasonable adjustments for students with disability to participate and access schooling alongside their peers. Many families felt they had little recourse for appeals or independent oversight of decisions, particularly with respect to exclusionary practices like suspensions, expulsions and restrictive practices and the implementation of individualised adjustments. Accordingly, we have recommended that the NSW Government establish independent oversight of educational institutions to provide support, advocacy and adjudication on behalf of students with disability in public and private educational settings.
The committee was keen to hear the views of families and stakeholders about the recommendations from the Disability Royal Commission to phase out special education settings. Understandably the evidence from families, children, educators and stakeholders was heartfelt, and strongly expressed.
The committee heard arguments for special schools which revolved around the principle of choice, and parents who felt very strongly that a special education setting is the best fit for their child.
On the other hand, supporters of inclusive school settings described how it is a 'false choice' because special settings were usually chosen on the basis that families had no other choice: that the necessary support and resources for their child with disability were not available to them in a mainstream setting.
In light of this, the committee was unanimous in recommending that the NSW Government move towards a school system which enables more students with disability to be enrolled in mainstream, inclusive school settings, with a focus on the rights of the child with disability, rather than the interests of the school.
I would like to thank my fellow committee members for their collegiality and engagement with this inquiry. I would also like to extend my thanks to the committee secretariat, who worked with myself and the committee to establish a ground-breakingly inclusive committee process, including Auslan interpretation and the provision of Easy Read documentation. I hope that this will be the beginning of a more disability-friendly committee process becoming standard practice in the NSW parliament.
Ms Abigail Boyd MLC
Committee Chair
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Findings
Finding 1
That a lack of inclusion faced by children and young people with disability in New South Wales educational settings has profound impacts on various aspects of their lives, including in employment, social life, accessing housing and health services, and more. These impacts have potential lifelong consequences.
Finding 2
That children with disability in out of home care face additional barriers to inclusion and their disengagement with education contributes to the over-representation of young people with disability in youth justice systems and adult prisons.
Finding 3
That a lack of inclusion faced by children and young people with disability in New South Wales educational settings also impacts siblings, families and carers; and the use of suspension and expulsion practices in particular affects parents' and carers' ability to work, creating financial stress for the family.
Finding 4
That the inappropriate use of exclusionary discipline such as suspension and expulsion of students with disability can have long term impacts, including on their engagement with school and post school pathways.
Finding 5
That beyond the impact on students, siblings and families, a lack of inclusion in New South Wales educational settings reinforces prejudice, discrimination and ableism in society which, in turn, perpetuates non-inclusive practices in the education system.
Finding 6
The Department of Education's definition of inclusive education, as outlined in the Inclusive Education Statement for students with disability, is not consistent with inclusive education as described in the United Nations Convention on the Rights of Persons with Disabilities.
Finding 7
That, in some instances, a school's failure to effectively implement an individual learning plan or behaviour management plan was linked to negative outcomes for children’s behaviour and consequently their education.
Finding 8
That suspension and expulsion policies:
• impact disproportionately on students with disability and their families
• are not always effective when based on a positive behaviour approach
• do not overall strike the right balance between students' need for inclusive education with the safety of teachers.
Finding 9
That there is an unquantified number of school-aged children with disability who are disengaged from the school system, often due to one or more factors, including gatekeeping, exclusion or suspension, bullying, or not having their educational and wellbeing needs met. This can impact on other family members, including parents and carers having to give up employment in order to supervise their child, and also disproportionately impacts parents and carers with disability who face added barriers.
Finding 10
That children and young people with disability in some special school settings are not always being provided with environments and learning experiences which are designed to improve their educational outcomes or meet their social and wellbeing needs.
Finding 11
Consideration of what is in the best interests of the child in their particular circumstances may require them to have access to specialist settings which meet their needs.
Finding 12
That the minimum requirements for initial teacher education for accredited teaching degrees are no longer sufficient for classroom teachers to meet the need of a growing cohort of students with disability, especially in mainstream classrooms.
Finding 13
That there are insufficient numbers of teachers who have the appropriate qualification for special educator roles in schools.
Finding 14
That there are insufficient incentives for teachers to acquire additional qualifications to become special educators.
Finding 15
That the current funding allocation model for mainstream public schools does not provide certainty for ongoing employment of learning and support teachers or encourage consistency in classroom support for students with disability. In many cases funding fluctuates year to year depending on the needs of the student population, making it difficult for schools to retain additional staff.
Finding 16
That the representation of teachers with disability in the teacher workforce is below that of the general population and is not meeting NSW Government targets.
Finding 17
That there is great benefit for children with disability when they access early intervention. A delay or absence of early intervention has a detrimental effect on a child's educational outcomes, social wellbeing and employment opportunities.
Finding 18
That the infrastructure in New South Wales public schools is in some cases outdated, inappropriate and inaccessible for students with disability.
Finding 19
That the development, implementation and review of adjustments included in a student's individual learning plan is often inconsistent between and within schools, and parents/carers and students have few avenues to seek an independent review of school decisions and actions.
Finding 20
That the requirements to access Disability Provisions for the Higher School Certificate examinations can be onerous and excessively focused on students having to re-prove their need for adjustments which they are already accessing in the classroom. In some instances, students and their families are required to provide extensive evidence of the need for adjustments, which can be costly, time consuming and stressful.
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Recommendations
Recommendation 1
That the NSW Government provide increased funding for organisations that provide distance education for out of home care students with disability.
Recommendation 2
That the NSW Government make it a requirement that schools ensure best practice in creating and maintaining communication between the school and the student, their parents and siblings, in line with Recommendation 7.6 (a) of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.
Recommendation 3
That the NSW Government continue to monitor the use of restrictive practices in educational settings in New South Wales with a view to reducing their application over time in line with recommendations 6.35 and 6.36 of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.
Recommendation 4
That the NSW Government ensure that schools:
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manage behaviours of students with disability using a trauma informed approach, in the place of positive behaviour learning
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provide better professional development and support for teachers to help them avoid using suspension and expulsion to manage student behaviour.
Recommendation 5
That the NSW Government provide enhanced/additional support for the transition back into school for children with disability and their families where they are at risk of being disengaged or have been regularly excluded from the school system. This support could incorporate features such as:
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ensuring Home School Liaison Officers are trained in trauma informed practice and working with both students and their families with disability.
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ensuring NESA staff are trained in trauma informed practice for enhancing engagement with home schooled students and their families.
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establishment of transition support units specifically for students with disability who have been regularly excluded from school and are at risk of disengagement. These support units should focus on helping students transition back to schooling in a mainstream classroom.
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expanding the number of places in schools for specific purposes (emotional and behavioural disturbance) consistent with the transitional model operating at the Ajuga School
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greater access to distance education, and part time school attendance as a transition to mainstream school settings.
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targeted funding for Careers NSW to specifically engage with young people with disability in the 'Get Back in the Game' program, including training for staff in trauma-informed practice.
Recommendation 6
That the NSW Government and the NSW Education Standards Authority work towards a school system – government, independent and Catholic – which enables more students with disability to transition to mainstream, inclusive school settings in circumstances where the child and their parents or carers are of the view that it would be to the benefit of that child. The school system must focus on the rights of the child with disability, not the interests of the school.
Recommendation 7
That the NSW Government increase the requirements for accreditation of initial teacher education courses to ensure teachers are better equipped to meet the learning needs of students with disability, and to consider options for requiring content to specifically address the needs of students with Autism Spectrum Disorder.
Recommendation 8
That the NSW Government expand the length, reoccurrence and content of mandatory continuous professional development courses relating to students with disability.
Recommendation 9
That the NSW Government investigate options to increase and enhance incentives for qualified teachers to acquire post graduate qualifications to become special educators for students with disability. This could include:
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more scholarships for teachers to undertake post-graduate qualifications in inclusive/special education.
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relief time from their employment to undertake this study.
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incentives, including pay structures, for those teachers who hold specialist post-graduate qualifications in special/inclusive education, for example paying such teachers at the same rate of pay as that of Highly Accomplished and Leader teachers (HALTs).
Recommendation 10
That the NSW Government investigate means such as adjusting the resource allocation model to ensure there is targeted funding to employ learning and support teachers (LASTs) on a permanent full-time basis in mainstream public school settings to provide consistency and certainty for both teachers and the students with disability they support.
Recommendation 11
That the NSW Government increase the number of appropriately qualified Deaf teachers, and implement professional development strategies based on an inclusive education capability framework for principals, teachers, teaching assistants and teachers of Deaf children.
Recommendation 12
That the NSW Government increase the number of qualified specialist vision teachers for blind and low vision students, to be engaged for all students who are blind/ low vision, to provide them with:
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Braille literacy
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adaptive technology training
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orientation/ mobility
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compensatory skills and independent living skills
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social skills
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career counselling.
Recommendation 13
That the NSW Government continue to improve the proportion of teachers and support staff with disability in the school sector and consider how more students with disability can be supported and encouraged to gain a teaching degree.
Recommendation 14
That the NSW Government establish culturally safe policies and procedures for First Nations students with disability, in consultation with First Nations peoples and their representatives.
Recommendation 15
That the NSW Government provide incentives to existing school learning support officers to acquire a Certificate III or Certificate IV in School Based Education Support, to allow them to commence and complete this training while in employment as a school learning support officer (SLSO).
Recommendation 16
That the NSW Government invest in specialist and allied health workforces to support children and young people with disability.
Recommendation 17
That the Department of Education transition to the eligibility criteria for Integration Funding Support relying on functional assessments of students' needs, rather than medical diagnoses.
Recommendation 18
That the NSW Government consider using principles of inclusive and adaptive design in school buildings to improve accessibility for all students. Accessibility considerations for students should be prioritised above heritage requirements.
Recommendation 19
That the NSW Government commit to a sustainable long-term investment in quality and appropriate capital and infrastructure for educational settings.
Recommendation 20
That the NSW Government create clear and direct guidelines for schools to enable compliance with statutory obligations to provide reasonable adjustments for students with disability.
Recommendation 21
That the NSW Government consider a streamlined process, including a line of communication between the relevant agencies, for granting disability provisions for the Higher School Certificate. The process should incorporate recognition of pre-existing conditions and adjustments already provided in the classroom.
Recommendation 22
That the NSW Government provide support to the Department of Education and schools to ensure they work with parents and NDIS providers to enhance and facilitate student access to NDIS-funded support in the school setting in order to achieve maximum benefits for the student and enhance teacher capability to address student needs.
Recommendation 23
That the NSW Government investigate and review options for an independent oversight function or body to support, advocate and investigate on behalf of children and young people with disability and their families. The independent body could include the following features:
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Jurisdiction over the education of school-aged children in government and non-government schools, TAFE, vocational education providers, universities, early childhood education settings, home education or not in any educational setting in New South Wales.
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The ability to review and adjudicate on decisions to suspend or expel students with disability.
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The ability to review and adjudicate on decisions by schools about adjustments, and decisions by NESA about Disability Provisions.
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The ability to investigate and respond to allegations of discrimination, abuse, neglect and exploitation of a child with disability in a registered schoolhe ability to review and investigate issues of systemic disability discrimination and ableism.
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The ability to collect and report on data relating to suspension, expulsion and restrictive practices.
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The ability to advise on a transition to a more inclusive education school system.
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A clear and accessible dispute resolution mechanism for parents and carers to make complaints or raise concerns, and procedures to collect, analyse and report on these complaints.
Recommendation 24
That the NSW Government refer the issue of the removal of exemptions which allow private educational institutions to discriminate against a person on the basis of disability to the NSW Law Reform Commission for consideration as part of its review into the Anti-Discrimination Act 1977.
Recommendation 25
That the NSW Government seek to amend the Anti-Discrimination Act 1977 to include a positive duty on educational institutions to provide reasonable adjustments for a person with disability.
Recommendation 26
That the NSW Government improve its data collection and reporting on students with disability who are school-aged/in school settings, including collecting data on the following:
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collect and report on data relating to suspension, expulsion and restrictive practices in government and non-government schools
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collect and report data on students refused enrolment in their school of choice due to disability
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collect data on students with disability who are homeschooled in the Nationally Consistent Collection of Data on students with disability
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collect data on outcomes of requests for reasonable adjustments and HSC Disability Provisions
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where relevant, this data should be disaggregated to report on children who are in out of home care.
Recommendation 27
That the NSW Government increase support for young people with disability transitioning from school to study at TAFE, vocational education and training and higher education, for example through funding transition pilot programs and introducing in-school supports and learning for students with disability.
Recommendation 28
That the NSW Government, in cooperation with the Australian Government, seek to review the governance of NSW public universities, particularly with respect to their policies and processes for meeting the educational needs of students with disabilities and their complaints handling processes.
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Conduct of inquiry
Committee members
Ms Abigail Boyd MLC (Chair) The Greens
Hon Mark Buttigieg MLC (Deputy Chair) Australian Labor Party
Hon Anthony D'Adam MLC, Australian Labor Party
Hon Natasha Maclaren-Jones MLC,* Liberal Party
Hon Tania Mihailuk MLC, Pauline Hanson's One Nation
Hon Sarah Mitchell MLC, The Nationals
Hon Emily Suvaal MLC, Australian Labor Party
*The Hon Natasha Maclaren-Jones MLC substituted for the Hon Rachel Merton MLC from 6 December 2023 for the duration of the inquiry.
The terms of reference for the inquiry were self-referred by the committee on 6 December 2023. The committee received 91 submissions and three supplementary submissions. The committee held four public hearings at Parliament House in Sydney. The committee also held a roundtable discussion with children and young people with disability at McDonald Jones Stadium, Newcastle. The committee received 190 responses from individual participants to an online questionnaire. The committee also conducted site visits to schools in North Sydney, Central Coast and South-Western Sydney. See Appendix One. Inquiry-related documents are available on the committee’s website, including submissions, hearing transcripts, tabled documents, correspondence, an online questionnaire report, answers to questions on notice and answers to supplementary questions.
Commonly used terms throughout the report
'Parents', 'carers' and 'caregivers' may be used alone, together or interchangeably in this report, while acknowledging that parents are not necessarily carers and vice versa. In the context of this report, the use of any of these terms refers to someone who has responsibility for the child or young person and is making decisions about their education or care. Special schools – in this report will include any schools that exclusively enrol students with disability. Government school and public school are used interchangeably. Independent school and private school are used interchangeably. Non-government school generally refers to any private, Catholic or independent school. Catholic school generally refers to both systemic and independent Catholic schools, unless specified otherwise. References to disability includes physical, intellectual and psycho-social disability. A person can have more than one disability and/or type of disability. This report uses both person-centred and identity-centred language regarding disability in recognition that different people use different language to refer to themselves.
