Understanding your rights

Navigating early childhood education can be challenging, especially for parents of children with autism or other disabilities. 

Understanding your rights and the legal protections is key to ensuring your child receives the support and education they deserve. Below, we provide information on the rights of children with disabilities in early education settings in Australia, focusing on the key legal frameworks and the responsibilities of education providers.

Legal protections for children with disabilities

The Australian Disability Discrimination Act 1992 (DDA) is an important piece of legislation that protects the rights of individuals with disabilities, including children. This act makes it unlawful for early education providers to discriminate against children with disabilities. This includes refusing enrolment, limiting attendance, or restricting participation in childcare services. The DDA ensures that children with autism, disabilities, or additional needs have the right to access early education services just like their peers.

‍Reasonable adjustments

Under the DDA, early childhood education providers are required to make “reasonable adjustments” to their environments and procedures to accommodate the needs of children with disabilities. Reasonable adjustments are modifications or accommodations that enable children with disabilities to participate in education on the same basis as other children. These can include:

• Minor building modifications: Adjustments to the physical environment, such as creating sensory-friendly spaces with dim lighting and quiet areas where children with autism can retreat if they feel overwhelmed.
• Special resources and equipment: Providing specialised learning materials like visual schedules, sensory toys, and noise-cancelling headphones to help children with autism manage sensory sensitivities and stay focused.
• Training for educators: Ensuring staff are equipped with the knowledge and skills to effectively support children with autism, including training on communication techniques, behaviour management, and understanding sensory needs.

However, if making an adjustment is proven to be unjustifiably hard (e.g., due to excessive costs or impracticality), the law allows for exceptions. It is important for parents to understand what constitutes reasonable adjustments and to advocate for necessary changes to support their child’s education.

‍National Quality Framework for early childhood education and care

The National Quality Framework (NQF) sets standards for early childhood education and care services across Australia, including centre-based and family day care services. These standards include specific provisions for supporting children with disabilities within the curriculum. The NQF ensures that all services adhere to a high standard of care and education, promoting inclusive practices and supporting the diverse needs of all children. 

Key areas of the NFQ include:

• The educational program and practice must be inclusive, using visual supports, social stories, and structured routines to meet diverse needs. 
• Children’s health and safety are promoted through sensory-friendly environments and tailored safety measures. 
• Physical environments should be accessible, with sensory play equipment and defined spaces for predictability and routine. 
• Qualified and well-trained staff are essential, receiving ongoing professional development on disability and inclusion. 
• Building positive relationships with children involves specific communication strategies and consistent interactions, particularly for those with autism. 
• Collaborative partnerships with families ensure cohesive support, aligning strategies used at home and in early education settings. 
• Effective leadership and management create a culture of inclusion, supported by clear policies and procedures to meet the diverse needs of all children. 

By adhering to the NQF, early education providers can ensure that all children, regardless of their abilities, have access to a supportive and enriching learning environment.

‍The role of educators and early education providers

Educator training and awareness are essential for children with autism and other disabilities to thrive in early education settings. Training should cover understanding autism, inclusive teaching strategies, and behaviour management. Early education providers play a significant role in creating inclusive environments by implementing inclusive policies, collaborating with families, and using individualised plans to support each child’s unique needs.

The National Quality Framework (NQF) sets the benchmark for early childhood education and care services in Australia. It includes quality areas relevant to the inclusion of children with disabilities, such as educational programs, health and safety, and staffing arrangements.

If you feel that your provider and educators are not well-trained, you can recommend our free course available at Navigating Autism: The Early Years. This course enhances understanding and provides practical strategies for supporting children with autism in educational settings.

State and territory anti-discrimination laws

In addition to the DDA, each Australian state and territory has its own anti-discrimination and equal opportunity laws that further protect the rights of children with disabilities in early education settings. These laws work in conjunction with the DDA to ensure that discrimination is not tolerated and that all children have equal access to education services. Explore these in the tabs below.