Frequently asked questions

• The review has helped to identify opportunities to improve access and inclusion for students with disability.
• In response, the government has announced that it will strengthen legislation and policy to improve access to inclusive, quality education for students with disability.
• A dedicated team will be established within the Department of Education to plan and drive this work, in consultation with students, families, staff and other important stakeholders, including those in regional and remote areas.

• No the review did not consider funding structures or models.

• The government has announced that the Department of Education will undertake a review of regulations, policies, procedures and guidance in relation to enrolment.
• This will ensure that all schools understand and fulfill their obligation not to discriminate against students with disability.

• The review highlighted some of the barriers to accessing adjustments in education.
• The Disability Standards for Education 2005 make clear education providers’ responsibility to make reasonable adjustments for enrolment, participation, curriculum development, support services and other school operations.
• In response to the Disability Royal Commission the government has committed to improve policies and procedures on the provision of reasonable adjustments to students with disability.
• The Department has recently updated guidance for schools to provide clarity on which students need a documented plan and how to engage and consult with parents/carers. This supports schools to better understand if a student’s circumstances meet the criteria for a documented plan.
• The government will consider further whether this can be addressed through changes to the School Education Act 1999, depending on the outcome of other legislative reviews at the state and federal level.  

• The review made 15 recommendations to improve access and inclusion for students with disability.
• The recommendations span a range of areas, including the definition of disability, principles for inclusive education, reasonable adjustments, enrolment review panels and complaints.

• The government acknowledges the issues underpinning all recommendations.
• The government supports or supports in principle 10 out of 15 recommendations.
• We will give the remaining 5 recommendations further consideration.

• The government needs to wait for the outcome of other interdependent legislative reviews to progress some recommendations.
• There are also two recommendations where the Government has asked the Department of Education to undertake detailed work.

• Work will immediately progress to stand up the team.
• The team will:
  • initially comprise staff with significant experience in areas such as policy, stakeholder engagement and change management
  • work closely to draw on expertise across the Department and other government agencies
  • be led by a senior officer with experience in disability reform
  • design a reform program to implement the government’s response to this review, as well as the other commitments already made
  • engage with key stakeholders throughout design and implementation, including students, families, school staff and disability advocates.

• The government is committed to progressing its work in partnership with people with disability, and those who share their lives.
• We will engage in ongoing consultation with all key stakeholders, including students with disability, their families, advocates, school staff, and the non-government school sector.
• The Department of Education will engage with their disability consultative committees in relation to the design and implementation of a reform program.

The purpose of the review was to identify any barriers to access and inclusion within the School Education Act 1999 and propose recommendations for reform that would:

• strengthen the inclusion of students with disability within school settings
• improve the school experience of children with disability
• provide clarity for children and families on their rights
• provide clarity for schools on their responsibilities
• ensure language, terms and definitions align to contemporary expectations and understanding of disability
• align with and complement relevant legislation and government policy positions.  

• The review examined every section of the School Education Act 1999 to identify any barriers or opportunities to strengthen, access and inclusion for students with disability.
• Subsidiary legislation – the School Education Regulations 2000 and the School Education (Student Residential Colleges) Regulations 2017 – were not examined in detail.

• The review was directed by an independent expert panel with skills and experience in disability, human rights and education, as well as an independent advisory council with lived experience with disability and self-advocacy.
• The Department of Education provided project and secretariat support.

• 34 sessions were held with over 280 participants.
• Government and non-government sector unions and associations; government agencies; children (WA Student Council); members of the community as well as disability advocacy groups or service providers participated.
• Two group information sessions were held in the metropolitan area and one online information session and 4 regional sessions held, which included Geraldton, Bunbury and 2 in the Kimberley.