Understanding the Disabiity Standards for Education

What Australian Parents Need to Know

In Australia, children with disability have the right to access and participate in education on the same basis as children without disability.

These rights are protected by the Disability Standards for Education 2005, which apply to both public and private schools.

But what does that actually mean for your neurodivergent child?

In simple terms, schools have a legal responsibility to consider and provide reasonable adjustments where required, so students with disability have a fair opportunity to learn and participate.

A reasonable adjustment is a change to the way something is taught, organised or delivered to help a student access their education.

It isn’t about giving a child special treatment. It’s about recognising that children have different needs and removing barriers that make learning unnecessarily difficult.

What do reasonable adjustments look like in practice?

If your child struggles with…A reasonable adjustment might be…
Noise and sensory overloadNoise-reducing headphones, alternative seating or access to a quiet space
Concentration and attentionMovement breaks, shorter instructions and breaking tasks into smaller steps
Anxiety around transitionsVisual timetables, advance notice of changes and predictable routines
Written workExtra time, assistive technology or alternative ways to demonstrate learning
Emotional regulationAccess to a trusted adult, agreed regulation strategies and a safe space
Social interactionsStructured lunchtime activities or additional support during unstructured times
CommunicationWritten instructions, visual supports or extra processing time
School-related distressAn individualised attendance and participation support plan

[These are examples rather than automatic entitlements. Adjustments need to be considered in consultation with the student and/or their family, taking account of individual needs and the circumstances.]

Note: I have written an article with more details on school adjustments

Does my child need a formal diagnosis?

Not necessarily.

The Disability Discrimination Act uses a broad definition of disability, and a formal diagnosis is not always required for its protections to apply.

Schools may need information to understand your child’s difficulties and determine appropriate adjustments, but families can begin discussing support before a formal assessment is completed.

What should I ask at a school meeting?

You don’t need to know every education policy or have all the answers. These questions can help guide a productive conversation:

What adjustments are currently being made to support my child?

  1. How are my child’s individual needs being assessed and considered?
  2. What happens when my child becomes overwhelmed or distressed at school?
  3. How are adjustments communicated to all relevant teachers and staff?
  4. Can we document the agreed adjustments in a support plan?
  5. How will we know whether the adjustments are working?
  6. What hapens if an adjustment isn’t effective?
  7. When can we meet again to review my child’s progress and support needs?

Helpful tip: After a meeting, send a short email summarising what was discussed, the adjustments agreed upon, who is responsible and when they will be reviewed. This creates a written record everyone can refer to.

What if the school refuses an adjustment?

Schools aren’t legally required to agree to every adjustment requested. However, they must comply with their obligations to consult and make reasonable adjustments where required.

If a request is declined, you can ask:

“Can you explain why this adjustment isn’t considered reasonable, and what alternatives we can explore to address my child’s needs?”

If concerns remain unresolved, families can seek support through their school’s complaints process, independent disability advocacy services or the Australian Human Rights Commission.

Where can I find out more?

These free Australian resources provide more detailed information:

Remember: You don’t need to be an expert in education law to advocate for your child.

Understanding their rights, asking questions and working collaboratively with the school are valuable starting points.

Note: This information is general in nature and is not legal advice. Individual circumstances and applicable legal obligations may differ.