In brief - Schools not guilty of discrimination where
reasonable steps have been taken
The recent case of
Walker v State of Victoria [2011] FCA 258 highlights the
challenges facing schools in managing students with disabilities
and in managing the expectations of the parents of those students.
It gives a useful indication of the steps that schools have taken
to manage students with disabilities and which the courts have
found to be sufficient.
In Walker, the Victorian Department of Education (VDE) was found
not to have engaged in direct or indirect discrimination against a
student on the basis of disability. The case was decided on an
earlier version of the relevant legislation, the Disability
Discrimination Act 1992 (Cth). However, as this earlier
version of the DDA will continue to apply to conduct prior to 5
August 2009, the case is likely to be of continuing relevance to
the court's consideration of discrimination
