Resolved complaint (192) about disability discrimination in education

About the complaint

The complainant’s son has Autism Spectrum Disorder and attended the respondent faith-based K-12 school. She alleged the school excluded her son from activities outside the classroom and sent him home before lunch almost every day. The complainant alleged that during a meeting, the school’s Deputy Head of Primary told her that her son would not be able to remain at the school the following year and that he is a “monster that will need a miracle to fix”.

The school said it put in place adjustments to accommodate the complainant’s son, but these failed to resolve significant and ongoing behavioural issues. The school said it undertook appropriate disciplinary action in response to the behaviour displayed by the complainant’s son and expressed significant concerns about the sustainability of his ongoing enrolment.

The complaint was resolved by conciliation with an agreement that the school pay the complainant approximately $21,250 as a refund of fees and levies paid. The school undertook to review its frameworks for student discipline and inclusion for neurodiverse students. It was agreed that the school’s Principal would discuss the complainant’s experience with the Deputy Head of Primary and communicate the school’s expectations with regard to inclusion of neurodiverse students and communication with their parents.

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