Resolved complaint (58) about disability discrimination in education
Learn how a complaint (58) about disability discrimination in education was resolved through conciliation.
Summary
- Year: 2022
- Relevant Act: Disability Discrimination Act
- Grounds: Associate; Disability
- Area(s): Disability Standards; Education
- Settlement terms:
- Apology - private
- Compensation
- Policy - anti-discrimination/EEO policy reviewed/revised
- Policy change/Change in practice (external customers)
- Policy change/Change in practice (staff)
- Training - anti-discrimination/EEO training introduced
- Settlement amount: $30,000
About the complaint
The complainant's son is on the Autism Spectrum and has Attention Deficit and Hyperactivity Disorder, among other disabilities. He attended the respondent K-12 independent faith-based school. The complainant alleged the school did not take reasonable steps to assist her son to transition from Year 6 to Year 7 and failed to provide him with reasonable adjustments. She claimed this led to an escalation in behaviour by her son and alleged the school responded in a punitive way by suspending him on multiple occasions rather than appropriately accommodating his disability. The complainant also alleged the school treated her less favourably as a parent of a student with disability by not addressing her concerns and making her feel guilt and shame by discussing concerns raised by other parents about her son. The complainant advised she felt she had no option but to remove her son from the school.
The respondent school denied discriminating against the complainant or her son but indicated a willingness to try to resolve the complaint by conciliation.
The complaint was resolved with an agreement that the school pay the complainant $30,000 as general damages and write to her and her family apologising for the hurt and distress they experienced as a result of the events giving rise to the complaint. The school also undertook to review its policies and procedures concerning supporting students with disability and behaviour management strategies more generally. Additionally, the school undertook to review training delivered to teachers to ensure appropriate training in supporting students with disability and behaviour support more generally.
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