INQUIRY INTO STUDENTS WITH A DISABILITY OR SPECIAL … · 2017-03-07 · tertiary education,...

Submission No 151

INQUIRY INTO STUDENTS WITH A DISABILITY OR

SPECIAL NEEDS IN NEW SOUTH WALES SCHOOLS Organisation: Family Advocacy

Date received: 24 February 2017

SubmissiontotheNewSouthWalesLegislativeCouncilInquiryintotheprovisionofeducationtostudentswitha

disabilityorspecialneedsingovernmentandnon‐governmentschoolsinNewSouthWales

Contact:MegClement‐Couzner

SeniorSystemicAdvocate

(02)98690866

www.family‐advocacy.com

24February2017

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TableofContentsAboutFamilyAdvocacy..................................................................................................................................2

SummaryofRecommendations..................................................................................................................3

Introduction....................................................................................................................................................5

Whatareinclusionandsegregation?..............................................................................................5

ThecurrentsituationforschoolstudentswithdisabilityinAustralia............................7

Internationalcontext.............................................................................................................................9

Researchandevidence..........................................................................................................................9

History........................................................................................................................................................10

Recentincreaseinenrolmentsinspecialschoolsandsupportunits.............................10

Thesourceofdemandforspecialsettings.................................................................................11

Recommendations.....................................................................................................................................12

a) Equitableaccesstoresourcesforstudentswithadisabilityorspecialneedsinregionalandmetropolitanareas.........................................................................................................13

Recommendation........................................................................................................................................13

b) The impact of the Government’s ‘Every Student Every School’ policy on theprovision of education to studentswith a disability or special needs in New SouthWalespublicschools.................................................................................................................................14


c) Developments since the 2010 Upper House inquiry into the provision ofeducationtostudentswithadisabilityorspecialneedsandtheimplementationofitsrecommendations......................................................................................................................................16


d) Complaint and reviewmechanisms within the school systems in New SouthWalesforparentsandcarers,and.......................................................................................................20


Appendix........................................................................................................................................................21

SelectedReferences...................................................................................................................................22

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AboutFamilyAdvocacyFamilyAdvocacyisastateandfederallyfundeddisabilityadvocacyorganisationinNewSouthWales(NSW)foundedbyfamiliesofpeoplewithdisability.Ourgoalistoadvanceand protect the right of people with developmental disability to achieve meaningfullives and enjoy the same opportunities and living conditions as the majority ofAustralians.Theorganisationhasahighpresenceandprofile:

buildingthecapacityoffamiliestoundertakeanadvocacyrole; auspicing a successful ongoing capacity building initiative, called Resourcing

Families; developingleadershipskillsinfamilies; making representations to Government regarding legislation, policy, funding,

monitoringandpracticeandtheextenttowhichtheyreflecttheneedsofpeoplewithdevelopmentaldisability;

andprovidingadvocacyrelatedinformation,supportandadvice.

Family Advocacy performs a combination of family and systemic advocacy in NSW.“Family advocacy is an independent, community‐based model that usually involvesfamilymembersactingonbehalfofasonordaughterorsibling”(Weafer,2003,p.39),and“systemsadvocacylobbiesforreformandchangeofsocialsystemsandstructuresthat discriminate against, abuse and neglect people with disabilities” (Seymour andPeter,2004,p.12).Advocacyisacornerstoneinthelivesofpeoplewithdisabilityandthosethatloveandsupportthem,ensuringthattheirrightsareprotectedandtheyhavenaturalsafeguards.

FamilyAdvocacyhelpsfamiliestoadvocateonbehalfoftheirchildforagoodlifewiththethingsmostofuswouldexpect inAustralia:education inaregularclassroomatalocal school, a place in the community amongst friends and family, and the supports,informalandpaid,necessarytomakethathappen.

Case study

A mum may call Family Advocacy because she is facing difficulty at her son or daughter’s school when asking the classroom teacher to make reasonable adjustments to the curriculum for her child with disability. Adjustments are needed so that he or she can continue to be included in the regular class at the local school. Family Advocacy staff would work through her concerns, provide her with information about relevant policies, including the Standards, support her to be assertive in asking for her child to be included, and to look for a mutually workable solution in dialogue with the school.

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SummaryofRecommendations 1. That the committee note and review the evidence from three research papers

includedintheappendixtothissubmissionandlistedinselectedreferencesonpage 20, and make recommendations to the Minister for Education and NSWDepartmentofEducationaccordingly.

2. ThatthecommitteerequestconfirmationofthestatisticssharedabovefromtheDoE. We also recommend that the committee seek information about thenumbers of support units in NSW over the last five years, and updatedinformationaboutthenumberofenrolmentsinsupportunits.

3. That the committee recommend that the NSW Department of Education shouldtransfer human resources from the enrolment of children in special schools andsupport units to supporting them to transition successfully into mainstreamschooling.

4. Thatthecommitteerecommendthatfundingforeducationmusttakeintoaccounttheneedforadequatereleasetimeandsupportforstudentswithdisabilityandtheireducators.Thisiscrucialtoinclusion.

5. That the committee recommend the NSW government, with the Coalition ofAustralianGovernments, should commit to targets for increasing the number andpercentage of children with disabilities in the regular classroom, with adequatesupportsforstudentsandteachers.

6. That the committee recommend that schoolsmust be required to enrol all localchildren in the regular class where families seek enrolment and the NSWDepartment of Education should direct all principals and staff that enrolment inregularclassisbestpracticeforstudentswithdisability,anddevelopsupportrolestotransitionspecialeducationstaffintoregularschools.

7. Thatthecommitteerecommendthatuponapproachingaschoolto inquireaboutenrolment,allparentsshouldbegiveninformationabouttherightsofallchildrentoenrolintheirlocalschool.

8. That the committee recommend that information about theDisability StandardsforEducationshouldbe includedinallenrolmentkitsacrossAustralia,andontheenrolmentpagesoftheDoEwebsite.

9. Thatthecommitteerecommendthatparentsofchildrenwithdisabilityshouldbegiven a fact sheet on theDisability Standards for Education,whenever the child’sdisability is identified.Thismayhappenatvariouspoints intheprocess, includingbutnotlimitedtoenrolment,whenadjustmentsaremadebyaclassroomteacher,atanIndividualLearningPlanmeetingorfollowup.

10. That the committee recommend that the NSW Department of Education shouldengageinatargetedadvertisingcampaigntoalertparentsofchildrenwithdisabilityto the fact that their child has a right to be included on the same basis as otherchildren,includingintheregularclassroom.

11. ThatthecommitteerecommendcompletionoftrainingontheDisabilityStandardsforEducationshouldbemandatory fornewstaff, and thatupdate trainingalsobemandated.Inaddition:o trainingontheStandardsshouldbemandatoryforallteachingandsupportstaff,

andtrainingresourcesshouldbeupdatedtoshowpositivestoriesofsubstantiveinclusioninregularsettings,

o and the Standards website should be updated to include positive stories ofsubstantiveinclusioninregularclassroomsettings.

12. That the committee seek information from theDoE regarding the number andproportionofregionalschoolswithsupportunits,regionalspecialschoolsandin

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particular, number of communities where the only school in the area has asupportunit.

13. ThatallNSWDepartmentofEducation staff, startingwithprincipals and schoolleaders and learning and support teams, should compulsorily undertakeprofessionaldevelopmenton:

o inclusiveenrolmento inclusionorientedadjustmentstocurriculumandassessment,o and managing and interpreting challenging behaviour and the Disability

StandardsinEducation.

As a first step, Family Advocacy recommend that all teachers involved inapplyingforadditionalfundingforschoolsbasedontheneedsofstudentswithdisabilityundertaketrainingonthestandardsasamatterofurgency.

14. That theDepartmentofEducation includemeansbywhich itplans to increasethe numbers of children with disabilities in regular class in its next inclusionplan.

15. ThatthecommitteerecommendtheDepartmentofEducationundertakefurtherpromotionofthePLASSTtoolanddevelopmentofasimilartoolasareplacementforcognitivetestingtakeplace.

16. That the committee recommend that the leaders of the DoE reiterate theirexpectations of engagement with parents, and include this in performanceoutcomesforteachers.

17. That the committee recommend that the SLSO role should be reviewed inconsultation with families and people with disability, the details betterpublicised, andmade available to all families whose children with disabilitiesreceive additional funding support. Additionally, theMinister should prioritiseitsimplementationinaconsistentmanner.

18. That the committee recommend that theNSW InstituteofTeachersworkwithNSWuniversityeducationprogramstodevelopaconsistentandevidencebasedteaching curriculum forpre‐service teachers that includes substantialworkonmeetingtheneedsofstudentswithdisabilities,andthatprogressonthismatterbemadepublicallyavailable.

19. Thatthecommitteerecommendthatliketeachers,SLSOsshouldundertaketrainingon student’s rights under the Disability Standards in Education, as well asbehaviourandcommunicationinterpretationandresponseandsocialfacilitationthatcentresonthestudents,nottheOfficer.

20. Thatthecommitteerecommendthatexplanationofcomplaintsprocesses,includingcomplaintswithin theDepartmentofEducationandavenues for complaintsaboutthe Department of Education to be made externally should be included in allenrolmentkitsacrossAustralia.

21. ThatthecommitteerecommendthattheNSWOmbudsmanberesourcedtotakeonamoreactiveroleincomplaintsabouttheNSWDepartmentofEducation.

22. ThatthecommitteerecommendthatexpansionoftheroleoftheNSWOmbudsmancouldhelptrackandprovideafullerpictureofbreachesoftheDisabilityStandardsinEducationinNSW.

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IntroductionThetermsofreferenceforthisinquiryrefertoanumberofareaswherestudentswithadisabilitymightexperience inequality, suchas those living inruralandregionalNSW.FamilyAdvocacyproposestwootherkeyissuestothecommittee.Theseare,firstly,theorganisationofschoolsintoseparatesettingsandpathwaysforchildrenwithdisabilityand typical children, and secondly, the continued practice of encouraging parents toenrol their children with disabilities into special schools or support classes. In thisIntroduction, FamilyAdvocacywill address the issue of separate educational settingsforchildrenwithdisability.

Whatareinclusionandsegregation?TheUnitedNationsConventionontheRightsofPeoplewithDisabilitydeclaresthat:

States Parties shall ensure an inclusive education system at all levels and lifelonglearning…

2.Inrealizingthisright,StatesPartiesshallensurethat:

Personswithdisabilitiesarenot excluded from thegeneral education systemonthebasisofdisability,andthatchildrenwithdisabilitiesarenotexcludedfromfreeandcompulsoryprimaryeducation,or fromsecondaryeducation,on thebasisofdisability;

Persons with disabilities can access an inclusive, quality and free primaryeducation and secondary education on an equal basis with others in thecommunitiesinwhichtheylive;

Reasonableaccommodationoftheindividual’srequirementsisprovided;

Personswithdisabilitiesreceivethesupportrequired,withinthegeneraleducationsystem,tofacilitatetheireffectiveeducation;

Effective individualized support measures are provided in environments thatmaximize academic and social development, consistent with the goal of fullinclusion…

5. States Parties shall ensure that personswith disabilities are able to access generaltertiary education, vocational training, adult education and lifelong learning withoutdiscriminationandonanequalbasiswithothers.Tothisend,StatesPartiesshallensurethatreasonableaccommodationisprovidedtopersonswithdisabilities.

InadditiontheGeneralCommentontheRighttoInclusiveEducation,releasedin2016,definessegregationasagainstinclusion,stating:

Segregation occurs when the education of students with disabilities is provided inseparate environments designed [or used] to respond to a particular or variousimpairments, in isolation fromstudentswithoutdisabilities. Inclusion involvesaprocessembodyingchangesandmodificationsincontent,approaches,structuresandstrategiesineducation,witha common vision that serves to includeall studentsof the relevantagerange.

The Committee emphasizes that placing students with disabilities within mainstreamclasses without appropriate support does not constitute inclusion. Similarly, creating

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discreteand isolatedunits for studentswithparticulardisabilitieswithinamainstreamschool environment remains a form of segregation, and cannot be defined as inclusiveeducation.

Inclusion is not a place, a service, or letting children with disabilities join typicalchildrenforparticularactivities.

Incontrasttosegregationorcongregation,FamilyAdvocacydefinesinclusionas:

acommitmenttocreatingenvironmentsinwhichallstudentsfeelwelcomed,acceptedandhonouredforwhotheyare

thebeliefthateveryonebenefitsfromknowing,interactingwithandlearningfromawiderangeofotherindividuals

theunderstandingthatweareALLdifferent‐andALLthesame.Weareallhuman beings seeking connections, affection, and opportunities to learn,growandbelong.Weallhavedifferent strengths, challenges, andneeds forsupport

inclusion isalso the recognition that ifwewant tomakeabetterworld foreveryone we all need to learn to be comfortable, skilled and enthusiasticinteractingwithawiderangeofpeople.

Inschool,inclusionhasthreemaindomains:

physical ‐ where students with disability are present in the sameenvironmentsasallotherstudentsforthesameamountsoftime

social ‐whereallstudentsarewelcomedandseentobelong.Studentswithdisabilities are not separated in the classroom or playground, includingthrough being with the support staff during times when their peers aretogether

curricular‐whereallstudentsareincludedinthesamelessonmaterial,withappropriateadaptations.

Lyn,motherofHannah,says:

For me inclusion is about Hannah fully participating – not doing something else. Last term the school musical took place. This followed 3 terms of rehearsals and preparation. The kids involved would stay back every Monday until 7 and order pizza. It was wonderful for Hannah to have the opportunity to be part of that – to meet kids from other grades with the same interest and to share in the experience. There was a real bond between the kids by the time the musical took place. Kids still stop and talk to Hannah.

She did not have a stand out part but she was part of it. There was no expectation that the family would stay. She was just allowed to be part of the group. It was inclusion at its best – a real opportunity to be part of the gang. Other parents also saw her there as just one of the kids. Often, parents are the ones you need to win over as parents’ attitudes rub off on kids.

‐ Lyn

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Manypeopleargueagainstinclusiveeducationonthebasisthatparentsshouldhaveachoicetosendtheirchildwithdisabilitytowhateversettingtheyseefit.However,whileparallel systems exist, families are often pushed toward the exclusionary settingthroughaninformalprocessofgatekeepingbyschoolprincipalsorstaff.

ThecurrentsituationforschoolstudentswithdisabilityinAustraliaAccess to education for children with disability improved in NSW in the late 1980s,when schools first formally allowed access to the regular class. Subsequent changesleading to the introduction of theDisabilityDiscriminationActDisability Standards inEducation, which provides a technical right for childrenwith disability to access theregularclassattheirlocalschool.

The opportunity for students with disability to experience physical, social andcurricularinclusionintheirlocalschool,however,isstillvariable,andpossiblygettingworse. This is quantitatively evidenced in recent survey research by Children withDisability Australia,which found that one in four studentswith a disability has beendeniedenrolment(2015)andanecdotallyevidencedinFamilyAdvocacy’scontactwithfamiliesofschoolagedchildren,ofwhomthemajorityappeartoexperienceresistancefromschoolswhenseekingtoenroltheirchildrenintheregularclass.Anexperiencedfamilyadvocatewithadultchildren,Meaghan(Meg)Sweeney,notesinhersubmissionthatthesameissuescontinueforparentstodayaswhensheadvocatedforherdaughteratschooladecadeago.

Discrimination continues in a much more subtle way than it once did. Educationprovidersmaynotinformfamiliesofchildrenwithhighsupportneedsthattheyhaveachoicetobeenrolledintheregularclassandthattherearespecialmeasurestoprovideappropriate support. Research suggests this is often about principal and teacherattitudes(seeCologon2013).InthecaseofonefamilyassociatedwithFamilyAdvocacy,ittooksevenschoolsandmovinghomebeforetheyfoundaplaceinaregularclassfortheirson,whoisnowsuccessfullybeingincludedandlovesattendingschool.

Gatekeepingbehaviouronthepartofschoolstaffisanongoingissueanddeterrentforparents seeking to enrol their child in the regular class. At a recent FamilyAdvocacyeventwithtwentysixparents,weaskedparentstolisttheexplanationstheyhadbeengiven by principals and other school staff for why their child did not belong at theschool.Thelistisasfollows:

Butthis iswhatwehavealwaysdone

Teachersaren’ttherapists

Specialschoolsarebestpracticeandthisisreality

They are becoming mainstreambutnotthereyet

Wedoreverseintegration

Youhaveyourheadintheclouds

You do realise your child has adisability

Ourschoolisheavilyunionised

Whentheygrowoutofdisabilitytheycancome

You haven’t accepted yourchild’sdisability

We already have a child withdisability

We have done all we can foryourchild

Weonlytakechildrenwithhighfunctioningdisability

You don’t always get what youwantinlife

Your child is not disabledenoughforindividualfunding

Thereissuchabigacademicgapsoitwon’twork

Theyarenotagoodfit

Thiswillbetooexhausting

Wedon’thaveenoughresources

We don’t know how to teachchildreninmainstream

Ourteachersaren’tbabysitters

Ourteachersaren’tnurses

We have no specific disabilityknowledge

Yourchildisarisktoothers

Highschoolthegapgetswider

Yourchildexcludesthemselves

Weare alreadydipping into thegeneralbudget

Kidsarecruelsotheyarebetteroffsomewhereelse

Their self‐esteem will beaffected

Notinourarea

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Wehavenoresources

Wedon’thavetheskills

We can’t afford themodifications

Yourchildwon’tgetfunding

Our school is heritage listed soit’snotagoodidea

Whensheistoilettrained

My teachersdon’t have to teachyourchild

Yougotluckyinprimaryschool

The gap gets wider so why putthemthroughit

They will take teacher’sattention away from thestudents

Willyoubepayingforthis?

You don’t realise how tired thiswillmaketheteachers

Wearenotexperts

They won’t identify with theirpeers

Youwillgetbacklashfromotherparents

Wedon’tteachthem

Shecan’tbeeducated

He doesn’t meet schoolrequirements

Shecan’tcomeherebecausewecan’tlifther

Wehavedoneallwecan

We can’t solve all the world’sproblems

Yourchildisnotagoodfit

Therearespecialplacesforyourchild

You are ruining your child’sfuture

You are not doing the best foryourchild

Your child doesn’t belong withadolescents

Wewillgeta teacher’sassistanttoteachthem

There isbestpractise and thereisreality

It will be an unjustifiablehardship

Abuseandneglectofstudentswithdisabilitiesalsoremainsanissueinschoolsandcanresultinparentshomeschoolingtheirchildreninordertokeepthemsafe.WequoteatlengthamemberofFamilyAdvocacywhohomeschoolsherautisticson,toillustratetheissuesparentsfaceinmakingthisdecision:

Ittookonlytwoweeksafterthecessationofmyson’sindividualfundingandtheresultinglossofteacher’saidesupportforhimtocommentthatthingswereharder.Thatmayseeminsignificant,butformysonitwasabigthingashedoesn’tverbaliseconcernshehasunlesstheyareaffectinghimsignificantly. It tookonetermbeforehewasconsistentlytellingushedidn’twanttogotoschoolanymore.

He started to be a victim of bullying. He had possessions stolen, his bag urinated on, hewastaunted,hewasgrabbedbyanotherstudentthendraggedintotheshowercubicleinthechangeroomandhadthewaterturnedonoverhim.Hepersistedthroughanothereighteenmonthsofattendingschoolwithminimalsupport.Tobehonest,inretrospectIwishwehadremovedhimsooner,buthomeschoolingisanoptionthatisnotwidelysupportedandcomesatanemotional,mental,physicalandfinancialcosttofamiliesthatchooseit.Thespecificsituationthatpromptedus to remove him involved a teacher shaming and excluding him for being “disruptive” andaskingtoomanyquestions(somethingmysondoeswhenheisanxiousandtryingtoclarifywhatisexpectedofhim).

Therewerestaffattheschoolthatdidtry.Theydidtheirbesttosupportmysonandmakethingseasier for him. He was offered a quiet place to retreat to. The school principal respondedappropriately and professionally to the complaint I made about his situation. I am a teachermyself, so I understand how hard it is for them. I know the feeling of helplessness andinadequacywhenyoujustcannothelpachildfromwithintheconstraintsthesystemplacesonyouasateacher.Fortheteacherswho“getit”thesystemisendlesslyfrustrating.

There are also teacherswhodonot “get it”. Some teachers see studentswithatypical supportneedsasaproblemtobeovercomeoradisruptiontobesilenced.Thisisahugeobstacletorealinclusionthatcouldquitepossiblybealleviatedbydedicatingfundsandresourcestoprovidingappropriateongoingeducationandtrainingforstaff(Sutton2015).

Whilesomefamilieshavearelativelysuccessfulexperienceoftheirchildwithdisabilityattending school, and others likeMichelle, a trained teacher and Director of Autistic

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Families International, take the decision to home school her child, numerous otherfamilies continuously struggle for acceptance of their child, and still others arepressured into accepting a placement in a special school (discussed further in ‘Thesourceofdemandforspecialsettings’,below).

InternationalcontextWhile segregation of people with disabilities is unfortunately a global phenomenon,several jurisdictions overseas are doing inclusionwell, and in some cases have beendoing so for decades. New Brunswick in Canada moved to full inclusion in 2013(Government of NewBrunswick 2013). New Brunswick is a province in Canada thatexperiences relatively high levels of poverty, demonstrating that political will, ratherthanresources,isthekeybarriertoovercomingsegregation.

Italy has practiced full inclusion since the 1970s. Prior to this period, Italy hadsegregatedclassesfor‘handicapped’orsub‐normal’students.InformationontheItaliansystemislistedintheappendixatpage18ofthissubmission.

IntheUnitedStates,theSchoolWideIntegratedProgramforTransformation(SWIFT)hasbeenimplementedinMaryland,Mississippi,NewHampshire,OregonandVermont.SWIFT helps teachers embrace inclusion by providing comprehensive, wrap‐aroundresources.MoreinformationonSWIFTisalsoprovidedinlinksintheappendix.

ResearchandevidenceBothinternationalandAustralianresearchshowsthatchildrenwithdisabilitydobetteron allmeasures in inclusive settings, rather than disability‐specific settings (Cologon2013, Jackson 2008). This claim may seem hard to believe, given the widespreadpracticeofspecialschoolinginAustraliaandoverseas.Yetin2008,arigorousreviewofliteraturecomparing inclusionandsegregationcouldnot findasingleempiricalstudythat drew conclusions in favour of segregation (Jackson 2008). An updated study ofliteraturebyDrKathyCologonin2013foundthefollowing:

inclusive education leads to better social development for children with andwithoutdisability(23‐24)

“childrenwhoexperiencedisabilitywhoare included intomainstreameducationalsettingsdemonstratebetteracademicandvocationaloutcomeswhencomparedtochildrenwhoareeducatedinsegregatedsettings”(24)

“children who do not experience disability have also been found to benefitacademically from inclusive education with equal or better academic outcomescomparedtochildrenparticipatinginnon‐inclusivesettings”(25)

and“throughparticipationininclusiveeducation,teachersexperienceprofessionalgrowthandincreasedpersonalsatisfaction”(27).

Researchshowsthatinclusionintheregularclassprovidesthebestlearningoutcomesfor children with disabilities (de Graaf, van Hove and Haveman 2013), as well asbenefitting children without disabilities (e.g. Dessemontet and Bless 2013). Childrenwho are taught with diverse peer groups benefit in a variety of ways and have nonegative impact on their overall results. As evidence suggests, those included inmainstreameducationaremorelikelytogainsocialandeconomicparticipationinthe

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general community due to exposure to a diverse curriculum, employing key socialskills/cues, enhancing communication skills, building support networks/friendshipsalongthewayininclusivesettings.

We ask the committee to note and review the three research papers included in theappendixandlistedinselectedreferencesonpage20.

History

Familyadvocacynotedinoursubmissiontothe2010Inquirythatspecialschoolswerenotoriginallycreatedintheinterestsofpeoplewithdisability,asissometimesthought.Someparentsadvocatedforthecreationofschoolsfortheirchildrenwhowereatthattimeconsideredbythestatetobe‘uneducable’.However,inNSWthe1957WyndhamReport(whichledtothePublicEducationAct1961)recommendedtheestablishmentof“specialschoolsforspecialchildren”.Thesewerestudentswho“shouldnotbeleftintheordinaryclasstoimpedetheprogressofmoreablechildrenandtoembarrasstheclassteacher” (Wyndham cited in McRae 1996: 38). Wyndham thus recommended theestablishmentof“institutionsfortheircare”.Whilethisbeliefhasledtoinvestmentininfrastructure and resources to support these ‘special schools’, current evidence andvaluesofcommunity inclusionno longersupport thismodel.Thus theorganisationofresourcesandinfrastructureneedstoprogresstowardsupportinginclusion.

RecentincreaseinenrolmentsinspecialschoolsandsupportunitsOuranalysisofNSWDepartmentofEducation(DoE)enrolmentstatisticsindicatesthatspecialschools inNSWhavehada19.4percent increase inenrolmentbetween2010and2016.Thisequatesto1609additionalstudentsoranincreasefrom5194in2010to6203in2016.Incontrast,regularschoolenrolmentsonlyincreasedby4.6percentoverthattimeperiod.Thisishighlystatisticallysignificant.

While statistics for incidence of disability for that exact time period are unavailable,between 2003 and 2009 the proportion of all Australianswith a disability decreasedfrom20percentto18percent,whiletheproportionofchildrenaged0‐14yearswithadisabilitydecreasedfrom8.2percenttosevenpercent(ABS2012).

In addition, as of 2013 there were ‘more than 1600’ support units in regular NSWschools. The vastmajority of these are for childrenwith severe, ormoderate ormildintellectualdisability.Statisticsonthecurrentnumberorgrowthofsupportunitshavenot been released by the DoE, however, we do know that between 2005 and 2011student enrolment in support units increased from around 12500 to around 14500students,asshowninthegraphbelow.

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FamilyAdvocacyrecommendsthatthecommitteerequestconfirmationofthestatisticssharedabovefromtheDoE.Wealsorecommendthatthecommitteeseekinformationabout the numbers of support units in NSW over the last five years, and updatedinformationaboutthenumberofenrolmentsinsupportunits.

ThesourceofdemandforspecialsettingsParentdemandforspecialschoolsandunitscomesfromnumeroussources,including:

experienceinearlyinterventionhasledtothebelievetheirchildcanonlylearninonetoonesituationswithaskilledadult

a lack of choice. Often parents are not provided with information about thepossibility of a regular class enrolment for their child. Only the segregatedoptionsareoffered

parentswhohave ‘battled’ teachersandschools that areunwelcomingof theirchild

low expectations of children with disability, including the deficit model ofdisabilityandthenotionthatapersonmustbe ‘ready’toparticipatewiththeirpeers.Amoreenablingmodelisonewherethesystemisexpectedtoguaranteeparticipationintheregularclassandallthoseinvolvedask‘whatwillittake’toenablethechild’sfullparticipation.

Demandforsegregatesettingsalsocomesfromteachersandschools.Whereasupportclassorspecialschoolexists,studentswillbefoundtofillit.Regularclassteachersthenfeel able to indicate that there is a ‘better’ place for studentswith different learningneeds.Theinclusionofstudentsthreatensexistingstructures.

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Recommendations1. That the committee note and review the evidence from three research papers

includedintheappendixtothissubmissionandlistedinselectedreferencesonpage 20, and make recommendations to the Minister for Education and NSWDepartmentofEducationaccordingly.

2. ThatthecommitteerequestconfirmationofthestatisticssharedabovefromtheDoE. We also recommend that the committee seek information about thenumbers of support units in NSW over the last five years, and updatedinformationaboutthenumberofenrolmentsinsupportunits.

3. That the committee recommend that the NSW Department of Education shouldtransfer human resources from the enrolment of children in special schools andsupport units to supporting them to transition successfully into mainstreamschooling.

4. Thatthecommitteerecommendthatfundingforeducationmusttakeintoaccounttheneedforadequatereleasetimeandsupportforstudentswithdisabilityandtheireducators.Thisiscrucialtoinclusion.

5. That the committee recommend the NSW government, with the Coalition ofAustralianGovernments, should commit to targets for increasing the number andpercentage of children with disabilities in the regular classroom, with adequatesupportsforstudentsandteachers.

6. That the committee recommend that schoolsmust be required to enrol all localchildren in the regular class where families seek enrolment and the NSWDepartment of Education should direct all principals and staff that enrolment inregularclassisbestpracticeforstudentswithdisability,anddevelopsupportrolestotransitionspecialeducationstaffintoregularschools.

7. Thatthecommitteerecommendthatuponapproachingaschoolto inquireaboutenrolment,allparentsshouldbegiveninformationabouttherightsofallchildrentoenrolintheirlocalschool.

8. That the committee recommend that information about theDisability StandardsforEducationshouldbe includedinallenrolmentkitsacrossAustralia,andontheenrolmentpagesoftheDoEwebsite.

9. Thatthecommitteerecommendthatparentsofchildrenwithdisabilityshouldbegiven a fact sheet on theDisability Standards for Education,whenever the child’sdisability is identified.Thismayhappenatvariouspoints intheprocess, includingbutnotlimitedtoenrolment,whenadjustmentsaremadebyaclassroomteacher,atanIndividualLearningPlanmeetingorfollowup.

10. That the committee recommend that the NSW Department of Education shouldengageinatargetedadvertisingcampaigntoalertparentsofchildrenwithdisabilityto the fact that their child has a right to be included on the same basis as otherchildren,includingintheregularclassroom.

11. ThatthecommitteerecommendcompletionoftrainingontheDisabilityStandardsforEducationshouldbemandatory fornewstaff, and thatupdate trainingalsobemandated.Inaddition:

o trainingontheStandardsshouldbemandatoryforallteachingandsupportstaff, and training resources should be updated to showpositive stories ofsubstantiveinclusioninregularsettings,

o and theStandardswebsite shouldbeupdated to includepositive storiesofsubstantiveinclusioninregularclassroomsettings.

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a) Equitableaccesstoresourcesforstudentswithadisabilityorspecialneedsinregionalandmetropolitanareas

Students with disabilities in rural areas face particular challenges with regard tosegregation. In rural communities, if there is a support unit in the local school, butparentswishtoenroltheirchildinregularclass,itcanbedifficultifnotimpossibletofindanalternativeschool intheareawithoutaunit. Ifparentsdoenrol intheregularclass in a schoolwith aunit, theexistenceof theunit is oftenusedas a threat to thestudent’s placement in the regular class if the relationship sours. The increase insupportunitsmeansruralschoolsthatpreviouslyhadtobeinclusivecannowdeflectorrejectmuchmoreeasily.Similarly,iftheparentsfindthattheschoolisunsupportiveofenrolmentoftheirchildortherelationshipbreaksdown,analternativeschoolisoftennotavailable.Ifaschoolcanbe found, it ismaybeatagreatdistance fromthe familyhome,meaning familiesandstudentswhoaremostvulnerableandmostinneedofcommunitysupport,maybeforced to gowithout the local relationships, socialising and community activities thattakeplace inregularschool life.Familiessometimesrelocateto findaschoolthatwillaccepttheirchild.

A rural family associated with Family Advocacy relocated to send their daughter toschool in the regularclass, afterninemonthsofplanningwith theschool inquestion,only to have the relationship with the school sour within weeks. Disciplinaryprocedures, threats towithdraw the childandassertions that she couldnotbe in theclasswithouttheSchoolLearningSupportOfficer(SLSO)(whowasintheroomforallbutonesessionof theday) followed.When theparents tried toworkwith theschoolproductively to build behaviour support and individual education plans, they foundthemselvesunwelcome.Afterseeingnoimprovementsforseveralmonths,theyraisedcomplaints and then found their child subject to retribution and bullying by staff.Eventually, the family changed schools again andwhile this has been a positive step,theirtrustwiththeeducationsystemhastakentimetorebuild.

Recommendation12. That the committee seek information from theDoE regarding the number and

proportionofregionalschoolswithsupportunits,regionalspecialschoolsandinparticular, number of communities where the only school in the area has asupportunit.

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b) The impactof theGovernment’s ‘EveryStudentEverySchool’policyontheprovisionofeducationtostudentswithadisabilityorspecialneedsinNewSouthWalespublicschools

TheEveryStudentEverySchoolpolicyisapositivedirectionfortheDoE,however,asisclearfromtheabovestatistics,ithasnotbeensufficienttoreduceorevenstabilisethenumberofstudentswithdisabilitiesonsegregatedschoolingpathways.Wenote thepositiveaspectsofEveryStudentEverySchool, includingaLearningandSupport Teacher (LAST) being located in the school rather than itinerant. Thisencouragesschoolstofindsolutionsamongsttheirownstaffandperhapsdecreasesthelikelihood of reconsidering a student’s placement. However, the professionaldevelopment provided to LASTs, or even to qualify for the position, appears to beinconsistent.TheDoEworkedwiththeUniversityofCanberratoproduceprofessionaldevelopmentresources on the Disability Standards in Education in 2014, in the form of onlinemodules with case studies. While these modules are excellent, the training is notmandated, even for those school staff who must be involved in applications foradditional funding for a student with disability. Staff involved in these applicationsincludes school counsellors, learning and support team members, student servicesofficer, the disability programs consultant, the support teacher (integration) and theprincipal. We recommend that all NSW Department of Education staff, starting withprincipals and school leaders and learning and support teams, should compulsorilyundertakeprofessionaldevelopmenton:

inclusiveenrolment inclusionorientedadjustmentstocurriculumandassessment, and managing and interpreting challenging behaviour and the Disability

StandardsinEducation.Asa first step,FamilyAdvocacyrecommendthatall teachers involved inapplying foradditionalfundingforschoolsbasedontheneedsofstudentswithdisabilityundertaketrainingonthestandardsasamatterofurgency.Additionally,wenotethatwhiletheDoE’sinclusionplan,createdasaresultoftheInclusionAct2014,suggestsaccesstomainstreamserviceswillbeimproved,thereisnomentionintheDoEplanofimprovingaccesstotheregularclassforchildrenwithdisability.

Recommendations13. ThatallNSWDepartmentofEducation staff, startingwithprincipals and school

leaders and learning and support teams, should compulsorily undertakeprofessionaldevelopmenton:

inclusiveenrolment inclusionorientedadjustmentstocurriculumandassessment, andmanagingandinterpretingchallengingbehaviourandtheDisability

StandardsinEducation.As a first step, Family Advocacy recommend that all teachers involved inapplyingforadditionalfundingforschoolsbasedontheneedsofstudentswithdisabilityundertaketrainingonthestandardsasamatterofurgency.

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14. That theDepartmentofEducation includemeansbywhich itplans to increase

the numbers of children with disabilities in regular class in its next inclusionplan.

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c) Developmentssincethe2010UpperHouseinquiryintotheprovisionof education to studentswith a disability or specialneeds and theimplementationofitsrecommendations

Sincethe2010UpperHouseinquiryintotheprovisionofeducationtostudentswithadisability, many recommendations of the resulting report have been implemented. Anumberof recommendationshave languished, however, andwehavemade commentonthesebelow.

Recommendation6That theDepartmentofEducationandTrainingmoverapidly towards thedevelopmentandapplicationofafunctionalassessmenttoolwhichhasbeenindependentlymonitoredand assessed. This tool should be used to inform decisions about access to disabilityfundingand to further enhance educationaloutcomes for studentswithdisabilitiesandspecialneeds.A functional assessment tool, known as a Personalised Learning and SupportSignpostingTool (PLASST) has beendevelopedby theDoE, and it is a good tool thatcould remove the need for cognitive assessment, which can result in unhelpfullylabellingchildrenandloweringexpectations.Inourexperiencewithfamilies,however,it appears that teachers rarely take it up, possibly through lack of knowledge of itsexistenceandapplications.ThoughawebpagewithinformationaboutPLASST,createdin December 2016, now exists (see selected references) there was previously littleinformationavailabletoparents.Family Advocacy has long advocated functional assessment as an alternative tocognitiveassessmentforfundingapplicationpurposes.However,thisisnotthepurposeofthePLASSTtool,andforfundingpurposes,cognitiveassessmentisstillverycommon.As one family advocate says: “The counsellor at the schoolmy daughter attends stillrecommends cognitive assessment, though it is nowwell recognised that that is veryunhelpfulatidentifyingsupportneeds.”FamilyAdvocacyrecommendsfurtherpromotionofthePLASSTtoolanddevelopmentofasimilartoolasareplacementforcognitivetesting.

Recommendation15That theDepartmentofEducationandTrainingpublishguidelineson the functionsandoutcomesofschool learningsupport teams, including theroleofparents in these teams,fordistributiontoschoolcommunities.

TheDoEproducedabookletcalledGettingReadyforSchoolin2011.Thisguidestates:

Parents and carers are an important source of information about their children’sstrengths, abilities andneeds.Effectivepartnershipsbetweenparents and schools aremore likely to lead tobetteroutcomes forstudents.The learningandsupport team ineachschoolassistsclassroomteacherstomeettheeducationalneedsoftheirstudents.Parentsandcarershaveavitalroletoplayintheworkofthelearningsupportteambytakingpartindiscussionsandplanningfortheirchild’sneeds.

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Thefocusofthisguideisonplanningtostartschoolandtheearlystageofschool,andlittle other information seems to be available from the DoE that actively encouragesparentinvolvementatlaterstages.

Additionally,intheDisabilitystandardsforEducation,thereisaclearstatementunder‘3.5Consultingthestudent’that:

Beforetheeducationprovidermakesanadjustmentforthestudent,theeducationprovidermustconsult the student, or an associate of the student, about: (a) whether the adjustment isreasonable; and (b) the extent to which the adjustment would achieve the aimmentioned inparagraph4.2(3)(b),5.2(2)(b),6.2(2)(b),7.2(5)(b)or7.2(6)(b)inrelationtothestudent;and (c) whether there is any other reasonable adjustment that would be less disruptive andintrusiveandnolessbeneficialforthestudent.

Inmanycases,however,parentsarenotencouragedtobepartoftheteam,oractivelydiscouraged.Inthecaseofthefamilydiscussedunderterma)above,theydidnotmeettheLearningandSupportteacheruntiltermthree,despiterepeatedrequests.Anotherfamily,activeintheirschoolcommunityandstrongadvocatesfortheirdaughter,reportnotbeing‘allowed’attheplanningmeetingstosethereducationalgoals.

FamilyAdvocacyrecommendsthattheleadersoftheDoEreiteratetheirexpectationsofengagementwithparentsandincludethisinperformanceoutcomesforteachers.

Recommendation17ThattheDepartmentofEducationandTrainingincludeaclearstatementontheroleandappropriate use of School Learning Support Officers (teacher’s aides) in the proposedguidelinesonthefunctionsofschoollearningsupportteams.

The integrated fundingsupportdocument, theguideline for funding forstudentswithdisabilities in the regular class since 2000, includes a section on ‘teacher’s aides’ insectionfour.Thisincludesastatementofdutiesinsection4.7.InrecentupdatestotheDoEwebsite,ashortstatementabouttheroleoftheSLSOisalsoavailable,howeverthisprovidesevenlessdetail.

Family Advocacy has been told that the 17 year old integrated funding supportdocument is being updated, but no timeline has been given. The role should bereviewed in consultation with families and people with disability, the details betterpublicised, andmade available to all familieswhose childrenwith disabilities receiveadditional funding support. Additionally, the Minister should prioritise itsimplementationinaconsistentmanner.

Recommendation24ThattheDepartmentofEducationandTrainingpublishguidelinesonthedevelopmentofIndividual Education Plans for students with disabilities and special needs. Theseguidelinesshould:• includeinformationonwhenanIndividualEducationPlanisrequired,whoshouldbe

involvedandwhatitshouldcontain• bedistributedtotheschoolcommunity,includingparentsofstudentswithdisabilities

orspecialneeds.

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Individualeducationplans,atleastbythattitle,areinconsistentlyimplemented.Thereis a strong emphasis in the NSW Education Standards Authority materials ondifferentiatedoutcomesandadjustments, however, thisdoesnotmean individualisedgoalsfortheseoutcomestakeplace.InonecasetheschoolofafamilyassociatedwithFamilyAdvocacystatedthatthey‘donotdoIEPs’.Inotherschools,itissimplyacaseoftheplanneverbeingraised,orbeingignored. Recommendation27That theNSW InstituteofTeachers review the contentofpre‐service teachereducationcourses,including:

themandatoryunitinspecialeducation incorporatingadditionalcontentregardingteachingstrategiesandpracticalskills

to caterforthelearningneedsofstudentswithdisabilitiesorspecialneeds embeddingspecialeducationthroughoutpre‐servicetraining.

Thisissuehasnotbeenprogressedinanyconsistentfashion.WhilewehaveanumberofexcellentacademicresearchersondisabilityandeducationinAustralianuniversities,including Dr Kathy Cologon at Macquarie University in Sydney, Associate ProfessorRobert Jackson at Edith Cowan University in Perth and Professor Roger Slee at theUniversityofSouthAustralia,thereremainsnocompulsoryeducationonadjustmentforchildren with disabilities in teaching degrees in NSW. This results in hardship forstudents,most importantly,butalsoforteacherswhowillmost likelyhavetoeducatethemselvesonhowbesttoadjustforstudentsofdifferingabilitiesandneeds.

Whattheymaydiscoverforthemselvesisthatadjustmentsforstudentswithdisabilitiesmoreoftenthannotbenefitarangeofstudentsintheclass;however,thisshouldnotbeleft to chance.We suggest that the committee recommend that the NSW Institute ofTeachersworkwithNSWuniversity education programs to develop a consistent andevidencebased teaching curriculum for pre‐service teachers that includes substantialwork on meeting the needs of students with disabilities, and that progress on thismatterbemadepublicallyavailable.

Recommendation31ThattheDepartmentofEducationandTrainingreviewwhetherthereisaneedforformaltrainingforSchoolLearningSupportOfficers.Family Advocacy is not aware of consistent or mandated training for SLSOs. However,SLSOshave a vital role to play in an inclusive school, to facilitate independence, positiveinteraction with peers and high expectations. We recommend that like teachers, SLSOsshould undertake training on student’s rights under the Disability Standards inEducation, aswell as behaviour and communication interpretation and response andsocialfacilitationthatcentresonthestudents,nottheofficer.

Recommendations15. ThatthecommitteerecommendtheDepartmentofEducationundertakefurther

promotionofthePLASSTtoolanddevelopmentofasimilartoolasareplacementforcognitivetestingtakeplace.

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16. That the committee recommend that the leaders of the DoE reiterate theirexpectations of engagement with parents, and include this in performanceoutcomesforteachers.

17. That the committee recommend that the SLSO role should be reviewed inconsultation with families and people with disability, the details betterpublicised, andmade available to all families whose children with disabilitiesreceive additional funding support. Additionally, theMinister should prioritiseitsimplementationinaconsistentmanner.

18. That the committee recommend that theNSW InstituteofTeachersworkwithNSWuniversityeducationprogramstodevelopaconsistentandevidencebasedteaching curriculum forpre‐service teachers that includes substantialworkonmeetingtheneedsofstudentswithdisabilities,andthatprogressonthismatterbemadepublicallyavailable.

19. Thatthecommitteerecommendthatliketeachers,SLSOsshouldundertaketrainingon student’s rights under the Disability Standards in Education, as well asbehaviourandcommunicationinterpretationandresponseandsocialfacilitationthatcentresonthestudents,nottheOfficer.

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d) ComplaintandreviewmechanismswithintheschoolsystemsinNewSouthWalesforparentsandcarers,and

It isverydifficult forparentsof childrenwithdisability tocomplain toorabout theirschool.Parents feelvulnerableinwhat isalreadyapotentiallyunwelcomingsituation,wheretheyaremadetofeeltheirsonordaughter’splaceintheregularclassisatrisk.They often also fear their child may be the subject of bullying, public shaming (forexample,questioningofthechild’sbelongingintheschool)orretribution.

Forexample,aparentmemberofFamilyAdvocacy,whohasacloserelationshipwithher community and her son’s school, and who would be considered an example ofsuccessfulinclusion,wroterecently:

Nopersonwithadisabilityhasa'voice'whenthingsgowrongandwhatismoreupsettingisthatbehaviour froma teacher that is acceptedasokay for apersonwith adisabilitywouldnotbeaccepted as okay for a studentwithout a disability. Therewas no apparent thought about thedignityandrespectthathadnotbeenshowntoourson(inthecomplaintsprocess).

Family Advocacy notes that children with disability have rights under the DisabilityDiscrimination Act and these are articulated in the Disability Standards in Education.However,reporting,enforcementandconsequencesofabreachremainminimal.Withthisin mind, Family Advocacy makes a number of recommendations regarding complaints,reviewsandenforcement.

Recommendations20. Thatthecommitteerecommendthatexplanationofcomplaintsprocesses,including

complaintswithin theDepartmentofEducationandavenues for complaintsaboutthe Department of Education to be made externally should be included in allenrolmentkitsacrossAustralia.

21. ThatthecommitteerecommendthattheNSWOmbudsmanberesourcedtotakeonamoreactiveroleincomplaintsabouttheNSWDepartmentofEducation.

22. ThatthecommitteerecommendthatexpansionoftheroleoftheNSWOmbudsmancouldhelptrackandprovideafullerpictureofbreachesoftheDisabilityStandardsinEducationinNSW.

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Appendix

A. Hehir, Thomas, Todd Grindal, Brian Freeman, Renee Lamoreou, YolandaBorquaye, and Samantha Burke 2016,A Summary of theEvidence on InclusiveEducation,SaoPauloBrazil:InstitutoAlanaandABTAssociates.

B. Cologon, Kathy 2013 Inclusion in Education: Toward a Better Outcome forStudents with Disability, Children with Disability Australia, available fromhttp://www.cda.org.au/inclusion‐in‐education.

C. Jackson, Robert 2008, InclusionorSegregation forChildrenwithan IntellectualImpairment: What does the Research Say? Available at:http://www.ohchr.org/Documents/Issues/Disability/StudyEducation/NGOs/AustraliaNationalCouncilIntellectualDisability2.pdf

D. Examplesofinclusivepracticefromotherjurisdictions:a. NewBrunswick,Canada

http://www2.gnb.ca/content/gnb/en/news/news release.2013.09.0929.html

b. Italyhttps://www.european‐agency.org/country‐information/italy/national‐overview/special‐needs‐education‐within‐the‐education‐system(theaboveliteraturereviewbyCologonalsomentionsItaly’spractices)

c. and the SWIFT program in the USA: http://www.swiftschools.org/ andhttps://www.youtube.com/user/theswiftcenter

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SelectedReferencesAustralian Government 2005, Disability standards in Education, available fromhttps://www.education.gov.au/disability‐standards‐education‐2005Cologon,Kathy2013InclusioninEducation:TowardaBetterOutcomeforStudentswithDisability, Children with Disability Australia, available fromhttp://www.cda.org.au/inclusion‐in‐education.deGraaf,G.,VanHove,G.,&Haveman,M.2013,Moreacademicsinregularschools?Theeffect of regular versus special schoolplacementonacademic skills inDutchprimaryschoolstudentswithDownsyndrome.JournalofIntellectualDisabilityResearch,57(1),21–38.

Dessemontet,R.S.,&Bless,G.2013,Theimpactof includingchildrenwith intellectualdisability ingeneraleducationclassroomson theacademicachievementof their low‐,average‐, andhigh‐achievingpeers. Journalof Intellectual&DevelopmentalDisability,38(1),23–30.

FamilyAdvocacyweblinks:

‘Jacob’sStory’filmavailableat:https://vimeo.com/94623965 ‘Let’s Get Started’ workshop on starting school at: http://www.family‐

advocacy.com/early‐childhood/lets‐get‐started‐getting‐ready‐for‐school‐and‐life‐webinar‐recording/

Hehir,Thomas,ToddGrindal,BrianFreeman,ReneeLamoreou,YolandaBorquaye,andSamantha Burke 2016, A Summary of the Evidence on Inclusive Education, Sao PauloBrazil:InstitutoAlanaandABTAssociates.Jackson, Robert 2008, Inclusion or Segregation for Children with an IntellectualImpairment: What does the Research Say? Available at:http://www.ohchr.org/Documents/Issues/Disability/StudyEducation/NGOs/AustraliaNationalCouncilIntellectualDisability2.pdf

Weafer J. 2003, Jigsaw of Advocacy: A Research Report,Woods M. (Ed), Comhairle,Dublin.SeymourS.andPeterD.2004,‘DisabilityAdvocacyinAustralia’inGoodbodyEconomicConsultants,Developing anAdvocacy Service forPeoplewithDisabilities: InternationalResearchPapers,Vol2,Feb2004,Dublin.Sutton, Michelle 2015, Submission to the Senate Inquiry, available at:https://michellesuttonwrites.com/2015/11/13/submission‐to‐the‐senate‐inquiry‐into/

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