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Disability rights and responsibilities in schools

Every child should have access to 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 their peers.

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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:

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:

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

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:

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:

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

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:

Open all

In making any reasonable adjustments, an education provider will talk to you and your child about:

This may involve meeting (like at a student support group meeting) to talk about:

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:

Education providers do not need to make a change that:

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:

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:

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

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