Disability rights and responsibilities in schools

Our site also has information about:

disability and inclusive education – programs and support for children and students with disability
disabilities, including physical disability, learning difficulties, intellectual disability, autism, hearing loss, vision impairment.

Every child should have access to an education. This page explains the laws in place to make sure students with disability have the right to take part in education on the same basis as students without disability.

The information on this page can help you work with schools and other education providers to support your child’s needs.

For an Easy English version of this topic see:

Disability rights and responsibilities: Easy English (PDF, 1MB)

What the law says

Australian and Victorian laws protect children and students with disability.

The Disability Discrimination Act 1992 (Cth) is Australian law. It says that it is against the law to discriminate against someone because of their disability.

The Disability Standards for Education 2005 (Cth) explain what this law means for students with disability. The Disability Standards for Education say that students with disability have the same right to take part in their education as students without disability.

All education providers must meet the Disability Standards for Education. Education providers include:

kindergartens
schools – including government, independent and Catholic schools
TAFEs
universities.

The Disability Standards for Education apply to all parts of school life including:

in the classroom
in the playground
school sport
excursions and camps.

What disability means

Disability can be complex to determine. It can also change as a child grows and their needs change.

The Disability Discrimination Act’s definition of disability is broad. It includes physical, intellectual, sensory, neurological, mental health and learning disabilities.

It includes people who may not consider themselves as having a disability. For example, the definition considers a person to have a disability if they:

have a broken limb because of an accident
are temporarily using crutches or a wheelchair.

Not all disability is obvious. While using a wheelchair suggests a person has a disability, many people have less 'visible' disability. This may include mental health or neurological conditions.

All children and students with disability are protected under Victorian and Australian anti-discrimination laws, including the Disability Standards for Education. They do not need to be eligible for extra programs or funding for the law to protect them.

Your child’s rights

The Disability Standards for Education say your child has rights at all stages of their education – from when they first enrol to the time they finish.

Enrolment

An education provider cannot refuse to enrol your child because of their disability. Your child has the right to enrol in their designated neighbourhood government school. This is their 'local school'.

Students with disability have the same right to enrol in their local school as students without disability.

Information is available about enrolling your child in school. This includes how to find your local school and what enrolment options might be available for your child.

The curriculum

The curriculum is what schools teach. Your child has the right to access the curriculum.

They have the right to take part in education courses and programs on the same basis as students without disability.

The education provider must take reasonable steps to make sure their courses and programs are designed so your child can take part in learning. This includes teaching materials, assessments and supplementary programs.

The education provider must talk to you and your child about whether your child’s disability affects their ability to take part. They’ll also talk to you about any reasonable adjustments that may be needed to support your child to take part in education courses and programs. They'll then decide on what reasonable adjustments can be made for your child.

Participation

Your child has the right to take part in all education courses and programs on the same basis as their peers. Your child may need reasonable adjustments to make sure they can take part.

Education courses and programs may include activities that are not conducted in classrooms, which are part of the broader education program. For example:

school excursions and camps
performances and concerts
work experience
school social events.

Education providers will make reasonable adjustments to support students with disability to take part in learning activities like this. For example, a school could:

hire a wheelchair accessible bus for an excursion - so that a student using a wheelchair can travel with their classmates
show a student photographs of activities ahead of time – so the student knows what to expect and can join in.

There may be times when your child’s disability prevents them taking part in an activity. The education provider should work with you and your child to offer an activity with the same opportunities to learn.

Support services

Your child has the right to access support services on the same basis as their peers.

Examples of support services could include homework clubs or career advice.

Children and students with disability also have rights in relation to specialist support services that are reasonable adjustments needed for them to take part in education activities.

For example – support with identified health care needs, or services provided by allied health professionals such as speech pathologists or psychologists.

Responsibilities of education providers

For children and students with disability, schools and other education providers must:

consult with you and your child
make reasonable adjustments
develop and carry out strategies to prevent harassment and victimisation.

In making any reasonable adjustments, an education provider will talk to you and your child about:
- whether the adjustment is reasonable
- how the adjustment would be able to support your child’s needs
- what other adjustments could be less disruptive but still beneficial for your child.
Usually, the principal, wellbeing coordinator or teacher will discuss reasonable adjustments with you.
This may involve meeting (like at a student support group meeting) to talk about:
- how your child’s disability might affect the way they learn
- what support and reasonable adjustments could meet your child’s needs
- how any current reasonable adjustments are meeting your child’s needs.
The education provider may also consult with other people if needed. For example, a health professional or social worker.
The education provider should consult you throughout your child’s education, not just when they enrol.
An education provider must make reasonable adjustments for your child if they have a disability. This is to help make sure your child has the same opportunities to take part in education as their peers.
For example, an education provider could:
- provide equipment, like screen readers
- modify learning activities and schoolwork in line with your child’s needs
- bring in specialist staff to work with your child or their teacher, like a psychologist
- give extra time to complete an exam or assessment, or give rest breaks.
The education provider must take reasonable steps to make adjustments in a reasonable time. They should not ask you to pay for any reasonable adjustments.
Education providers do not need to make a change that:
- is not a reasonable adjustment
- would cause them ‘unjustifiable hardship’.
This does not apply to their responsibility to prevent harassment and victimisation.
Adjustments are reasonable when they balance the interests of anyone they affect. When deciding if an adjustment is reasonable, the education provider should consider relevant circumstances and interests. This includes the views of you and your child.
An education provider must have strategies in place to prevent harassment and victimisation of students with disability. This includes ‘associates’ of the child, like a parent or carer.
Harassment includes any action taken because of a person’s disability that could humiliate, offend, intimidate or distress them.
Victimisation is when someone is treated unfairly because they complained (or may complain) about the way they were treated because of their disability. This includes threats.

Working with your child’s education provider

Working closely with education providers can help give your child the best chance to achieve their potential.

You can speak to your child’s education provider about rights and responsibilities at any time.

Find out more about working with your child’s education provider, including how to meet with your child’s teacher.

Raising a concern

You can complain if you believe your child has been discriminated against because of their disability.

Discrimination is when someone is treated less favourably because of their disability, or when someone is subjected to a condition, requirement, or practice which disadvantages them because of their disability.

Your child may have been discriminated against if:

they do not have the same opportunities as their peers without disability
the school or education provider has not made reasonable adjustments for them.

Talk to the school or education provider first. They can help resolve your concern.

If you’re unhappy with how the education provider handled your concern, use our complaints process.

More help and advice

For more information about disability rights and responsibilities, visit:

our webpage about reasonable adjustments
the Australian Government webpage about the Disability Standards for Education. This includes information resources to help students with disability and their caregivers to understand their rights
Victorian Equal Opportunity and Human Rights Commission
Australian Human Rights Commission.

You can contact your closest regional office to talk about school processes and local support for children and students with disability.

There are organisations who can provide advice on the rights of children and students with disability:

You can also search for advocacy organisations for further support.

Education & training

Updated 10 April 2026