Educational accountability tests, social and legal inclusion approaches to discrimination for students with disability : a national case study from Australia

Cumming, Joy & Dickson, Elizabeth (2013) Educational accountability tests, social and legal inclusion approaches to discrimination for students with disability : a national case study from Australia. Assessment in Education : Principles, Policy & Practice, 20(2), pp. 221-239.

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Abstract

The UN Convention on the Rights of Persons with Disability (CRPD) promotes equal and full participation by children in education. Equity of educational access for all students, including students with disability, free from discrimination, is the first stated national goal of Australian education (MCEETYA 2008). Australian federal disability discrimination law, the Disability Discrimination Act 1992 (DDA), follows the Convention, with the federal Disability Standards for Education 2005 (DSE) enacting specific requirements for education. This article discusses equity of processes for inclusion of students with disability in Australian educational accountability testing, including international tests in which many countries participate. The conclusion drawn is that equitable inclusion of students with disability in current Australian educational accountability testing in not occurring from a social perspective and is not in principle compliant with law. However, given the reluctance of courts to intervene in education matters and the uncertainty of an outcome in any court consideration, the discussion shows that equitable inclusion in accountability systems is available through policy change rather than expensive, and possibly unsuccessful, legal challenges.

Impact and interest:

3 citations in Scopus
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ID Code: 55984
Item Type: Journal Article
Refereed: Yes
Keywords: Australian Law, Disability Satndards for Education 2005 (Cth), National Testing, Disability discrimination
DOI: 10.1080/0969594X.2012.730499
ISSN: 1465-329X
Subjects: Australian and New Zealand Standard Research Classification > EDUCATION (130000) > SPECIALIST STUDIES IN EDUCATION (130300) > Education Assessment and Evaluation (130303)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law and Society (180119)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Current > Schools > School of Law
Copyright Owner: Copyright 2012 Routledge
Deposited On: 02 Jan 2013 03:53
Last Modified: 13 Feb 2015 20:03

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