When school rights are denied

In Australia, students with disabilities, including those with autism, are supported by specific laws that ensure they have equal access to education.

The Disability Discrimination Act 1992 and the Disability Standards for Education 2005 are key pieces of legislation designed to protect these rights. They require schools to make necessary adjustments to support all students equally. Adjustments could include things like extra time for tests, assistance with communication, or special technology that aids learning. However, sometimes the support you need might not be provided, or you may experience discrimination. 

Recognising discrimination

Discrimination at school can be tricky for students with autism because it's not always obvious and can come from simply not understanding autism well enough. It's important to know how this discrimination might show up so you can deal with it. 

Not enough support

Students with autism might need certain supports to help them learn and get along with others. Discrimination can happen when schools:

• Don't provide required learning tools such as special software, extra time for tasks, or different ways to communicate.
• Don't help students with autism to join in on group activities or make friends.

Teaching that doesn’t fit

Teachers should adapt their methods to suit all students, including those with autism who might see or understand things differently. It feels unfair when:

• Classes are too rigid, such as if lessons are taught in a way that doesn’t consider students who might be sensitive to noise or need clearer explanations.
• When students with autism are not given chances to join in activities that match their strengths.

Hard to access learning areas

The school setting itself can make learning tough for students with autism. This includes:

• Barriers in school, such as noisy halls or classrooms that don’t have quiet corners or spaces that feel safe.
• Lack of technology, not offering tools like tablets or special apps that can make learning easier.

Being left out

Sometimes, students with autism are not included in social events or clubs because people assume they’re not interested. This includes:

• Missing out on group work by not being encouraged to work with others.
• Skipping clubs or sports, assuming they wouldn’t want to join without asking them.

Bullying

Students with autism are often bullied because they might act differently or not pick up on social cues. This can be:

• Mean words or actions such as teasing about how someone talks or behaves.
• Being picked on online with posts or messages that make them feel bad.

Unfair discipline

Sometimes, students with autism receive more disciplinary actions because people don’t understand why they act a certain way. This could be:

• Harsh punishments for things like not sitting still because the classroom is too noisy or bright.
• When teachers consider how being autistic might affect their behaviour.

How to address problems

If you encounter issues with not receiving the right support or face discrimination, here are the steps you can take:

Within your school:

1. Informal discussion: Initially, try resolving the issue by talking directly with someone who can help, such as your teacher, school counsellor or principal.
2. Formal complaint: If a discussion doesn't lead to a change, the next step is to file a formal complaint using your school's established procedures. This might involve filling out a complaint form or writing a letter to school management.

Outside your school:

1. State or territory education department: If the school doesn't address the issue, escalate the complaint to your state or territory's Department of Education. Each department has a process for handling complaints about schools. Provide all documentation and previous communications.
2. State and territory anti-discrimination agencies: File a complaint with your state or territory's anti-discrimination agency. These agencies handle complaints related to discrimination, including in educational settings. Some agencies include:
   • Anti-Discrimination NSW
   • Victorian Equal Opportunity and Human Rights Commission
   • Queensland Human Rights Commission
   • Equal Opportunity Commission WA
   • Equal Opportunity Commission SA
   • Equal Opportunity Tasmania
   • ACT Human Rights Commission
   • Northern Territory Anti-Discrimination Commission
3. If the state or territory agency doesn't resolve the issue, you can also file a complaint with the Australian Human Rights Commission (AHRC)
4. State or territory ombudsman: If the response from the education department or human rights bodies isn't satisfactory, escalate the complaint to your state or territory's Ombudsman. The Ombudsman can investigate complaints about public services, including schools. Some Ombudsman offices include
   • NSW Ombudsman
   • Victorian Ombudsman
   • Queensland Ombudsman
   • Western Australian Ombudsman
   • South Australian Ombudsman
   • Tasmanian Ombudsman
   • ACT Ombudsman
   • Northern Territory Ombudsman
5. Legal action should be a last resort as it can be complex and stressful, but it's important to consider if necessary.

Crafting your complaint

Effective complaints are clear and well-organised. Make sure to include:

• Detailed explanation: Clearly state what happened, when, and what support was requested.
• Impact statement: Describe how the lack of support or discrimination has affected your school experience/your child's experience.
• Resolution sought: Specify what action you want the school to take to make things right.
• Supporting documents: Attach any relevant documents such as email exchanges, doctor’s notes, or records of adjustments requested.
• Using a structured complaint template can help ensure you include all necessary information.

Seeking support

Navigating the complaint process can be challenging and stressful. Consider accessing support through:

• Counselling is usually available through the school, or your GP can refer you.
• Independent advocates can provide guidance and support throughout the complaint process.
• Informational resources and websites like the Australian Human Rights Commission or ADCET offer detailed guides and templates to assist in lodging complaints.

External support organisations

• Australian Human Rights Commission (AHRC): The AHRC can offer guidance on your rights and how to make a formal complaint if your school is not complying with the Disability Discrimination Act. You can learn more about how they can help on their website.
• Disability Advocacy Network Australia (DANA): DANA supports people with disabilities by providing access to advocacy services. They can help you navigate legal and educational challenges. Explore their services on their website.

Legal and advocacy support

• Legal aid: Legal aid offices can provide free or low-cost legal advice if you are considering legal action. They can guide you through the process of making a formal legal complaint about discrimination.
• Independent advocates: These are professionals who can support you in dealing with your school or making a complaint to a human rights body. They work to ensure your rights are respected and can often attend meetings or mediation sessions with you. Find a disability advocate here.