Victorian Education Minister James Merlino has announced a review of the Program for Students with Disabilities (PSD) (the Review) to investigate how schools can best support students with special needs, including those with autism and dyslexia.
The Review will investigate the needs of over 20,000 Victorian students with a disability that affects their learning and who are already receiving PSD funding.
Although the PSD does not apply to non-government schools, the Victorian Government’s decision to examine the PSD is symbolic of a broader trend to improve the support of students with disabilities across Australia and in all school sectors.
The importance of addressing the issues experienced by students with disabilities is reflected in the Federal Government’s recently ordered Senate inquiry into current levels of access and attainment for students with disability in the school system, and the impact on students and families associated with inadequate levels of support.
What is the PSD?
The PSD is a targeted supplementary funding program for Victorian government schools. It provides resources to schools for students with disabilities, with moderate to severe needs.
The resources provided under the PSD are provided to assist government schools to meet their obligations under the Disability Discrimination Act 1992 (Cth) (DDA).
All Australian schools, not just government schools, must comply with the Disability Standards for Education 2005 (Cth) (the Standards) under the Disability Discrimination Act 1992 (Cth) (the DDA). As we previously reported, the Standards clarify the obligations which schools owe to their students under the DDA. In addition to being governed by the DDA, Victorian schools must also comply with the anti-discrimination provisions under the Equal Opportunity Act 2010 (Vic).
Despite all schools being subject to essentially the same disability legislation, the allocation of funding for students with disabilities is governed by the different States and Territories, meaning that it can be dependent on the policy of the government of the day.
What will the Review do?
According to the Minister’s press release, the Review will consult an expert Advisory Panel including representatives from principals’ groups, the Australian Association of Special Education, Parents Victoria, AMAZE (Autism Victoria), the Specific Learning Difficulties Association of Victoria (SPELD), the Children’s Hospital and the University of Melbourne.
The Review will investigate:
- the needs of children with a disability, in particular, children with autism and dyslexia;
- how to improve the way the PSD supports students with disabilities;
- the needs of children with a disability in the transition from primary to secondary schooling; and
- how the PSD can be more inclusive.
Following a public consultation process, conducted via a questionnaire, the Review will deliver its recommendations to the Government in November.
Inconsistent funding access
The Victorian Equal Opportunity and Human Rights Commission (Commission) has described the opportunity for students with disabilities to access a good education in Victorian schools and achieving good learning outcomes as ‘a lottery rather than a certainty’.
The Commission’s recent research project (Report) sought to understand and report on, the experiences of students with disabilities in all Victorian schools, including government, Catholic and independent schools and in both mainstream and specialist settings. The Commission identified an inconsistency in the support given to students with disabilities to achieve positive educational outcomes across the State. The Report concluded that ‘the quality of education and resources that a student with disability receives should not be determined by the particular school that he or she attends’.
The Catholic Education Commission of Victoria distributes additional funding to students with disabilities in Catholic schools who are eligible for this support. The eligibility criteria is broadly similar to that for the PSD.
For independent schools, funding for students with disabilities is available through targeted Federal Government programs. Independent Schools Victoria manages the funds application process. To be eligible for grants:
- students must be assessed as having one of seven nominated disabilities; and
- must have ‘demonstrated educational needs’
While funding for students with disabilities is available to all schools (government and non-government) it would appear that the Review will add even greater detail and transparency to the eligibility guidelines for government schools applying for funding. The denial of access to the PSD for non-government schools begs the question: is the disability funding process for government schools more transparent than for non-government schools?
The application process for government school funding under the PSD is assessed at numerous stages for eligibility with explanatory diagrams and advice provided in the PSD’s Guidelines for 2016 to walk government schools through the process with ease. Appropriate levels of funding are then granted to government schools based on their current disability services in place.
Recent cases demonstrate need for increased training and resources
Since we wrote about a school in Canberra that was restraining a student with autism in a cage-like structure, other instances of the mistreatment of students with disabilities in the classroom are being reported.
The Commission’s research paper reveals alarming statistics of staff who have admitted to physically restraining disabled students in the absence of appropriate training.
These cases demonstrate the importance of the reform of education access and facilities for students with disabilities on a national basis.
