Legislation, litigation and implications for inclusion

This chapter defines discrimination and explains the legislative right to an inclusive education for students with disability. It outlines the application and limitations of Australia’s Commonwealth anti-discrimination legislation. The chapter clarifies the obligations and lessons learned from past litigation, and offers practical implications for the inclusion of students with disability in Australian schools. Education is viewed as a critical factor in redressing the disadvantage that might arise from an individual’s personal or social circumstances. Quality education of students with disability is a key goal for the United Nations, as education offers significant financial benefit, not only through increased employment and productivity of people with disability upon completion of their education, but also through the increased productivity of family members with school-aged children with disability. Direct discrimination occurs when a school decides to treat a student with a disability differently to other students on the basis of their disability.