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ARTICLE · 12 MAY 2021

Enrolling students with special needs

After an exhaustive comparison of the facts, HREOC held that the school discriminated against the special needs student.

AustraliaConsumer Protection

By now, most people in the education sector would be familiar with The Disability Royal Commission.

Recently, the Commission delivered an Interim Report which included, amongst other things, a section entitled 'Areas of Further Inquiry'.

One of the issues referred to in this section was 'gatekeeping practices'. 'Gatekeeping practices' are where a school informally discourages a student with a disability (for example, a student who may be diagnosed with autism spectrum disorder) from attending the school with staff advising the parents that their child would 'be more suited to another school' because their school cannot cater for the child's special needs.

In many situations, 'gatekeeping practices' are unlawful because the school would not have adequately discharged its obligation to consult sufficiently to determine what 'reasonable adjustments' the student requires and whether the school can meet those needs.

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