NOTE: Free essay sample provided on this page should be used for references or sample purposes only. The sample essay is available to anyone, so any direct quoting without mentioning the source will be considered plagiarism by schools, colleges and universities that use plagiarism detection software. To get a completely brand-new, plagiarism-free essay, please use our essay writing service.
One click instant price quote
... nt school sectors, higher education sectors and people with disabilities. From 1997, the council worked on developing the draft combining both principle and performance based standards. The standards have since been re-drafted and address five key areas: 1. enrolment; 2. participation; 3.
curriculum development, accreditation and delivery; 4. student support services; and 5. elimination of harassment and victimization The draft Disability Standards for Education were negotiated by the members of the Taskforce and finally presented to MCEETYA in March 2000. Council agreed to further develop the consultation process with use of the draft standards. HREOC has the responsibility for the administration of the DDA, and maintains a list of current Action Plans on its web site.
Standards under Section 31 of the DDA has the power of law and are thus binding on those to whom they apply. Complaints about discrimination on the grounds of disability can be made to HREOC, and will be assessed under the standards in the Act. The DDA includes compliance processes in order to ensure that disability discrimination law is obeyed. These compliance processes have raised many issues amongst academic educators, scholars and advocates of disability rights. Concerns have been raised by disability organizations include: It sets a minimum standard only. Some institutions have a greater capacity to meet the standards than others, thus the standards may not be comprehensive enough to meet the differing levels of disability.
It will not provide absolute certainty of requirements or expectations. It relies on individuals with disabilities to enforce the Standard. There is no mechanism in the Act to deal with breach of standard, consequently leading to a very time consuming and troublesome process for the person making the complaint. On the other hand, advocates of DDA education standards support its development and implementation: "The existence of such standards would assist the union to develop policy frameworks to guide its negotiations with employing authorities on such issues, to lobby funding authorities and to educate and raise awareness of its members with regard to the requirements and applicability of the Act. " An example of compliance of standards set out in the DDA is the implementation of Disability Services Acts. The NSW and WA Disability Services Acts ensure that public services are provided in a non-discriminatory way. The Disability Services Act (WA) requires public authorities to develop and lodge a Disability Service Plan with the Disability Services Commission.
The Disability Services Commission is responsible for advising public authorities in relation to the preparation of Disability Service Plans, and evaluating the effectiveness of such plans, with the view to providing further recommendations as to the effectiveness of the plans. It appears that the system has made public authorities more aware of their obligations to the disabled, thus achieving improvements in areas such as public transport. However, in the area of education, there seems to be little improvement, as it seems the Education Department continues to possess all decision-making powers with respect to education options. In a paper prepared for the MCEETYA Taskforce on DDA Education Standards entitled "Comparison of International Provisions on Disability Discrimination in Education", the measures undertaken by four other nations to counter discrimination against students with disabilities in education is examined, with the view to comparing Australia's approach with that of other countries. There exists many policies implemented by the United States of America and the United Kingdom which could be a useful reference in deciding on our own policies to combat disability discrimination in education. In the U.
K, the Disability Discrimination Act 1995 requires educational institutions to provide information for disabled people. Tertiary institutions are made to publish disability statements containing information about facilities for people with disabilities, and Local Education Authorities have to provide information on their further education facilities for people with disabilities. This piece of legislation is supplemented by the Education Act 1996 which offers opportunities and rights for disabled students to be recognized for special educational needs. In the United States, the equivalent to the DDA is the Americans with Disabilities Act 1990 (ADA), which includes the Individuals with Disabilities Education Act (IDEA). The purposes of this act are: 1. To provide assistance to States to develop early intervention services for infants and toddlers with disabilities in their families, and to assure a free appropriate public education to all children and youth with disabilities. 2.
To assure that the rights of children and youth with disabilities from birth to age 21 and their families are protected. 3. To assist States and localities to provide for early intervention services and the education of all children with disabilities. 4. To assess and assure the effectiveness of efforts to provide early intervention services and educate children with disabilities. There have been recent changes to the IDEA which concentrate on maximizing the services available to the disabled students and their families.
The U. S government has gone to great lengths in developing suitable legislative and non-legislative framework for ensuring compliance with the ADA. The legislation in the U. S is obviously more intricate and advanced in its approach, and like the U. K, uses education legislation to supplement human rights legislation. When attacking the challenge of creating measures to counter discrimination in education, the Taskforce should consider the policies used in the U.
S and the U. K, which may help silence critics of the current recommendations, and thus provide acceptable and practical methods for ensure compliance of Standards under the DDA. Six possible models for Compliance in Education have been suggested: 1. Sector Compliance Education- which involves maintaining the DDA in its current form with its existing provisions relating to education and compliance. 2. Improved Complaints Systems- which involves amending the DDA to set out a clear and strict timetable for dealing with complaints and to encourage the delegation of complaint investigation and hearing to appropriate state or territory bodies. 3. Mandating DDA Action Plans- which involves amending the DDA to make Action Plans Mandatory for education providers. 4.
Expanded Action Plans in Education- which involves amending the DDA to make Action Plans mandatory for education and to indicate a set of core objectives. 5. Equal Opportunity in Education Agency- which involves amending the DDA to make Action Plans mandatory for education by introducing a new law establishing a new framework, along the lines of the Affirmative Action Agency, which includes an agency responsible for assisting education providers to meet their obligations under the DDA. 6. Adapting existing education reporting- which involves amending existing education laws to complement the DDA. Many issues arise with the possible implementation of these models, authorities not yet making any conclusive decisions as to which path to take.
At this stage, it is suggested that the most important step towards compliance maintenance would be to implement systems to improve the efficiency of dealing with complaints. In this case, amendments to the DDA would be required to include the timetable for dealing with complaints and to empower HREOC to monitor compliance with the outcomes. This model carries with it benefits for people with disabilities who believe they are being discriminated against. They could anticipate fairly accurately the waiting time in which their application is being processed, and the turnaround times for outcomes cut down. It also carries the benefit of placing responsibility upon the agency to diligently monitor compliance, which in turn would put pressure on institutions to take responsible action promptly. Bibliography Books Ronald's, C. , "Discrimination Law and Practice" (1998) The Federation Press Cases L v Minister for Education for Queensland (1996) EOC 92 - 787 Articles Banks, R. , Kayess, R. , "The Disability Discrimination Act- Working Towards Compliance in Education", DDA Standards Education Page, web Department of Employment, Education, Training and Youth Affairs (DEET), "Comparison of International Provisions on Disability Discrimination in Education", web Independent Education Union of Australia (IEU), "Disability Discrimination Act - Disability Standards in Education", web Ministerial Council on Education, Employment and Youth Affairs (MCEETYA), "Taskforce on the Disability Discrimination Act- Education Standards (DDA) ", web
Free research essays on topics related to: people with disabilities, action plans, early intervention, discrimination act, individuals with disabilities
Research essay sample on People With Disabilities Individuals With Disabilities
