Constitutional and Legislative Framework for Inclusive Education in Australia

Abstract

IN this article we argue that, despite the complex arrangement of laws and policies for education in Australia, there is no legal mandate to ensure that inclusive education occurs. Although the legislative framework for inclusion appears deficient compared with other western countries, there are avenues for persons with a disability to seek redress. The legislative structure for education in Australia is presented from a constitutional basis. The duties, rights and responsibilities of teachers, specifically when including children with disabilities in their regular classrooms, are examined from a legal perspective. Finally, recent cases which have challenged regular class placements for children with disabilities are reviewed.