Supporting Students With Communication Impairment in Australian Schools: Administering the Obligation to Make Reasonable Adjustment

Abstract

AbstractIn this article, I address the problem that education support for students with communication impairment may be delivered in an inconsistent manner within schools, or school systems, exposing affected students to harm and affected schools to the risk of litigation. Analysis of relevant Australian disability discrimination legislation and related case law demonstrates that there is a legal obligation to make reasonable adjustment for students with communication impairment and that a fair and equitable system may be postulated to administer that obligation. The Australian Government has recently committed to a needs-based funding model for Australian schools but further work needs to be done to establish how resources that flow to schools under that model should best be applied. This article aims to provide some guidance to those who will make decisions within schools about the management of the sometimes scarce and often expensive support resources for students with communication impairment.