A CRPD analysis of NSW’s policy on the education of students with disabilities – a retrogressive measure that must be halted

Abstract

ABSTRACTLocal schools are at the heart of Australian communities. Yet too often students with disabilities do not receive an inclusive education in regular classrooms at their local schools. Instead, education is delivered to them in segregated environments, such as special schools, special units within mainstream school grounds or special classes in mainstream schools. Australia was one of the first States Parties to ratify the Convention on the Rights of Persons with Disabilities (CRPD) in 2008. The CRPD recognises the right of all learners with a disability to inclusive education, which the CRPD Committee further clarified in General Comments Nos 4 and 6. In light of Australia’s federal system, realising the right to inclusive education necessarily involves the commitment of state governments. However, the extent to which they have embraced the principle of inclusive education and implemented the measures needed to achieve it has been mixed. Indicators suggest that the segregation of Australian students with disability has, in fact, increased over the last decade. This article specifically considers the recent policy commitments made by the NSW Government and demonstrates that the policy not only contravenes the CRPD but also constitutes an impermissible retrogressive measure that must be addressed.