the brief.

creating child-safe educational environments for students with disability

tyson brennan. 
mervin laureano. 01 july 2025.

creating child-safe educational environments for students with disability.

The vulnerability of students with a disability to child abuse or risk of harm is well documented. For instance, the Royal Commission into Institutional Responses to Child Sexual Abuse heard evidence that children with a disability can face additional barriers to disclosure of child abuse or harm. Moreover, students with a disability are also more likely to be subjected to restraint or seclusion and are more likely to be bullied.

The National Principles for Child Safe Organisations includes a key principle that equity is upheld and diverse needs are respected in both policy and practice. This is affirmed by Ministerial Order 1359, which implements the Child Safe Standards for Schools in Victoria, reinforces this principle by legally requiring schools to pay particular attention to the needs of students with disabilities.

understanding the importance of inclusive education

An inclusive education system allows for all students to be welcomed, accepted and engaged so that they can participate, achieve and thrive in their school life. Inclusive education:

  • Ensures that students with disability are not discriminated against and are accommodated to participate in education on the same basis as their peers.
  • Identifies, acknowledges and responds to the diverse needs, identities and strengths of all students.
  • Occurs when students with disability and additional needs are treated with respect and maintain involvement in making decisions regarding their education.
  • Improves students of all abilities in the classroom and fosters positive cultural change in attitudes and beliefs about disability, in and beyond the school environment.
  • Contributes to positive learning, engagement and wellbeing outcomes for students.
  • Acknowledges the importance of communication for a student’s social interaction, learning experience and participation in the classroom.
  • Values the diverse forms of student communication, such as verbal, non-verbal, augmentative and alternative communication.


legal obligations

All education providers must comply with the Equal Opportunity Act 2010 (Vic), the Disability Discrimination Act 1992 (Cth) and the Disability Standards for Education 2005 (Cth).

The Disability Standards for Education 2005 (Cth) cover enrolment, participation, curriculum development support services and the elimination of harassment and victimisation, and provide guidance for schools on:

  • The right of students with disability
  • The legal obligations of education providers
  • Some of the measures that would demonstrate compliance.
  • Equip school staff and teachers with the appropriate training and information. This should include training on recognising the indicators of child abuse or risk of harm and understanding when and how to report concerns, suspicions or allegations. Most importantly, schools should not merely wait for students to approach staff, or wait for staff to identify signs of concern. 
  • Adopt an approach that prioritises prevention and empower members of the school community to call out unacceptable behaviours.
  • Appoint Child Safety Officers and ensure they are provided with appropriate and regular training and information to perform their role effectively. Ensure their training contains information about how to support students with disabilities.
  • Ensure that there is an appropriate response and investigation in line with the legal obligations and school commitment to child safety, and that any interviews with students take account of the student’s disability and are trauma informed.

reasonable adjustments for students with disability

Under both state and Commonwealth laws, schools must make reasonable adjustments to accommodate students with their disability. In this context, an adjustment refers to a measure or action taken to assist students in participating in education and training on the same basis as their peers without a disability.

At all times, schools in their conduct, should demonstrate the view that all students have the potential to learn and the right to participate in a learning environment that is committed to supporting their educational development and genuine participation, including students with complex communication needs.

When formulating adjustments for students, the school should consult with the relevant parent or carer(s) and the student, typically through the student support group process.

Contact us today to discuss your needs.
 
Tyson Brennan, Principal Solicitor.
mervin laureano, Law clerk.