Associate, in relation to a person, includes:
- a spouse of the person; and
- another person who is living with the person on a genuine domestic basis; and
- a relative of the person; and
- a carer of the person; and
- another person who is in a business, sporting or recreational relationship with the person.
See section 1.4 Definitions of the Disability Standards for Education 2005.
Levels of adjustment
Support provided within quality differentiated teaching practice: Students may be counted in this category where they meet the DDA’s broad definition of disability and the functional impact of their disability is addressed by the school actively responding to their specific individual education needs within quality differentiated teaching practice. The functional impact of disability for these students would generally require ongoing monitoring by the teacher and school staff. Such students may have been provided with a higher level of adjustment in the past or may require a higher level of adjustment in their future schooling, but for the period they are being considered for the data collection, they are receiving support that actively addresses their specific individual education needs through quality differentiated teaching practice.
Supplementary adjustments: Supplementary adjustments are provided when there is an assessed need at specific times to complement the strategies and resources already available (for all students) within the school. These adjustments are designed to address the nature and impact of the student's disability and any associated barriers to their learning, physical, communication or participatory needs.
Substantial adjustment: Substantial adjustments are provided to address the specific nature and significant impact of the student's disability. These adjustments are designed to address the more significant barriers to engagement, learning, participation and achievement.
Extensive adjustment: Extensive adjustments are provided when essential specific measures are required at all times to address the individual nature and acute impact of the student's disability and the associated barriers to their learning and participation. These adjustments are highly individualised, comprehensive and ongoing.
- For these Standards, an adjustment is reasonable in relation to a student with a disability if it balances the interests of all parties affected.
Note Judgements about what is reasonable for a particular student, or a group of students, with a particular disability may change over time.
- In assessing whether a particular adjustment for a student is reasonable, regard should be had to all the relevant circumstances and interests, including the following:
- the student’s disability;
- the views of the student or the student’s associate, given under section 3.5;
- the effect of the adjustment on the student, including the effect on the student’s:
- ability to achieve learning outcomes; and
- ability to participate in courses or programs; and
- the effect of the proposed adjustment on anyone else affected, including the education provider, staff and other students;
- the costs and benefits of making the adjustment.
Note A detailed assessment, which might include an independent expert assessment, may be required in order to determine what adjustments are necessary for a student. The type and extent of the adjustments may vary depending on the individual requirements of the student and other relevant circumstances. Multiple adjustments may be required and may include multiple activities. Adjustments may not be required for a student with a disability in some circumstances.
The Standards generally require providers to make reasonable adjustments where necessary. There is no requirement to make unreasonable adjustments. In addition, section 10.2 provides that it is not unlawful for an education provider to fail to comply with a requirement of these Standards if, and to the extent that, compliance would impose unjustifiable hardship on the provider. The concept of unreasonable adjustment is different to the concept of unjustifiable hardship on the provider. In determining whether an adjustment is reasonable the factors in subsection 3.4 (2) are considered, including any effect of the proposed adjustment on anyone else affected, including the education provider, staff and other students, and the costs and benefits of making the adjustment. The specific concept of unjustifiable hardship is not considered. It is only when it has been determined that the adjustment is reasonable that it is necessary to go on and consider, if relevant, whether this would none-the-less impose the specific concept of unjustifiable hardship on the provider.
- In assessing whether an adjustment to the course or program in which the student is enrolled, or proposes to be enrolled, is reasonable, the provider is entitled to maintain the academic requirements of the course or program, and other requirements or components that are inherent in or essential to its nature.
Note In providing for students with disabilities, a provider may continue to ensure the integrity of its courses or programs and assessment requirements and processes, so that those on whom it confers an award can present themselves as having the appropriate knowledge, experience and expertise implicit in the holding of that particular award.
See section 3.4 Definitions of the Disability Standards for Education 2005.
The school team means a team comprised of a range of staff in the school, or that support the school. The school learning support team may include teachers with specific experience or qualifications in disability studies, but this is not mandatory.
The school team provides a mechanism for the coordination of teaching and learning and embedding support for learning into the culture and practice of the school. It plays a role in supporting teachers in identifying and responding to the additional learning needs of students, in leading and supporting professional development for staff, and in supporting high expectations for every student, including those students who require adjustments to their learning. The school team supports collaborative partnerships between the school, parents/carers, other professionals and the wider school community.
The school team is responsible to the principal, who is ultimately responsible for endorsing the data collection. In some regional, rural and remote schools that have a very small staff, the school team could consist of one person, the principal.