NCCD

Supporting Students With Disability – Laws and Teacher Responsibility 2020 Brigitte Laville and Katie Tribe

Topics Covered: • DDA 1992 (Disability Discrimination Act) • 2005 Disability Standards • NCCD (Nationally Consistent Collection of Data for Students with Disability) • Teacher-based Evidence

DDA- Disability Discrimination Act 1992 Under the DDA it is illegal to treat a person with a disability less favourably than a person without disability

The DDA aims to: o Eliminate discrimination on the grounds of disability in all areas, including education o Ensure that people with disability have the right to equality before the law o Develop community understanding that people with disability have the same fundamental rights as other Australians

DDA 1992 cont.

• Very broad definition of ‘disability’ • Includes physical, intellectual, psychiatric, sensory, neurological and learning disabilities.

It also includes physical disfigurement and the presence in the body of disease-causing organisms.

DDA 1992 Cont..

A formal diagnosis is NOT required, or even acknowledgment of its existence by the student or their associates (parents/carers).

DDA Includes a disability; - Presently - Previously - May exist in the future Also includes temporary illness, injury where it affects student participation A student without a formal diagnosis, but with supporting school based evidence, is considered to have an IMPUTED DISABILITY.

Disability Standards For Education 2005 • The Disability Standards for Education (the Standards) came into effect on 18 August 2005.

The Standards seek to ensure that students with disability can access and participate in education on the same basis as other students. • On the same basis means that a student with disability must have opportunities and choices which are comparable with those offered to students without disability.

The Standards 5 standards; 1. Standards for enrolment 2. Standards for participation 3. Standards for curriculum development, accreditation and delivery 4. Standards for student support services 5. Standards for harassment and victimisation

The Standards Under the Standards, education providers have

THREE MAIN TYPES OF OBLIGATIONS. They must: i) Consult ii) Make reasonable adjustments and iii) Eliminate harassment and victimisation (discrimination).

i Consult • Education providers must consult in order to understand the impact of a student's disability and to determine whether any adjustments or changes are needed to assist the student. Although the Standards are not prescriptive about the process, consultation could include: • talking with the student and their family members or carers, to get ideas about the type of assistance that is needed • discussing ways to overcome the barriers and the adjustments that could be made by the education provider and whether these adjustments are reasonable; including specifying a date for notifying the student about what adjustments will or will not be made • meeting regularly to make sure all is going well and change supports if needed and keeping records of these meetings.

• The obligation to consult continues for the whole time that the student is involved with the education provider.

ii Reasonable Adjustments • The Standards set out a process whereby education providers can meet the obligation to make reasonable adjustments where necessary.

• An adjustment is a measure or action taken to assist a student with disability to participate in education and training on the same basis as other students.

• An adjustment is reasonable if it achieves this purpose while taking into account the student’s learning needs and balancing the interests of all parties affected, including those of the student with disability, the education provider, staff and other students.

• The process of consultation outlined is an integral part of ensuring that providers are meeting their obligations in relation to reasonable adjustments.

iii Eliminating Discrimination • The Standards require that education providers develop and implement strategies to prevent harassment and victimisation of people with disability. • Harassment in this case means an action taken in relation to people with disability that is reasonably likely to humiliate, offend, intimidate or distress the person. • Harassment and victimisation of students with disability is unlawful and education providers must take all reasonable steps to prevent this from happening.

2019 NCCD DATA QTDP

Supplementary Substantial

Extensive

TOTAL

Cognitive

6

12

0

0

18

Social/ Emotional

6

16

0

0

22

Physical

5

5

1

0

11

Sensory

0

0

0

0

0

51 total

NCCD- 4 Categories of Disability; • Physical • Social/Emotional • Sensory • Cognitive

Physical • Examples of this disability; - broken bones - asthma - anaphylaxis - chronic fatigue - blood disorders - migraines - diabetes

Social/ Emotional • Examples of this disability; - anxiety disorder - depression - neurodevelopmental disorders- ADD/ ADHD - Autism Spectrum Disorder (ASD) - eating disorders - mood disorders - communication disorders

Sensory • Examples of this disability; - Blindness and low vision - Hearing loss and deafness

Cognitive • Examples of the disability; - Memory difficulties - Language Difficulties - Specific Learning Difficulties (Dyslexia, Dyspraxia, Dyscalculia) - Intellectual disability - Dementia

NCCD- 4 Levels of Adjustment; 1. Support provided within quality differentiated teaching practice (QDTP) 2. Supplementary adjustment 3. Substantial adjustment 4. Extensive adjustment

Support Within Quality Differentiated Teaching Practice (QDTP) • These adjustments are provided through usual school processes, without drawing on additional resources, and by meeting proficient-level Teaching Standards (Australian Institute for Teaching and School Leadership).

• The student is able to access and participate on the same basis as part of regular differentiated teaching practises. (ie. differentiation of Content/ Process/ Product/ Learning Environment (ie.Tomlinson)) • Adjustments are made INFREQUENTLY as occasional action, or frequently as lowlevel action.

• Students at this level of support are able to access the curriculum at the appropriate year level Eg. Year level meetings, individual student meeting, parent teacher interview, CSG meeting, Educational Plan and CS Profile, emails from Head of Year/School and Teaching Staff with strategies of support etc.

These adjustments may include: • Explicit, minor adjustments, including targeted or differentiated teaching, assessments or activities • Specific and relevant teaching strategies to support targeted areas of communication eg. Grouping students together • Before school, lunch time or after school individual group catch up sessions within a subject or additional instruction on a topic/area • Health care – Action Plans (ie. Asthma, Anaphylaxis) for Excursions • Active monitoring and supervision, meeting health, personal care and safety requirements through usual school processes

Supplementary adjustments • Students with disability are provided with adjustments that are additional to the strategies and resources already available for all students within the school.

• Students who have particular difficulty acquiring new concepts and skills outside of a highly structured environment.

• To ensure access and participation on the same basis adjustments are provided at SPECIFIC TIMES throughout the week/term/year.

• Students at this level often require support in accessing the curriculum at the appropriate year level Eg. Teacher records and communication of adjustments made via email or meeting, Regular communication with parents/student, CSG meeting, ILP or CS Profile, Wellbeing Plan and Counselling Sessions etc.

These adjustments may include; • Additional time, highlighted content, instruction or assessment • Specialist support (external or within school) • Specialised technology • Adapted and additional instruction in some or many learning areas, subjects or specific activities • Personalised and explicit instruction to support one or more areas of communication, learning or mental health • Planned health, personal care and/or safety support, in addition to active monitoring and supervision • Rest breaks, separate supervision or extra time to complete assessment tasks • Weekly or fortnightly sessions with School Counsellor • Learning Support sessions or Literacy Support sessions

Substantial adjustments • These adjustments are generally considerable in extent and may include REGULAR or FREQUENT individual instruction and close supervision in highly structured situations, to enable students to access and participate in the school curriculum and activities.

• Eg. DAILY MODIFICATION of content, instruction or assessment • Adjustments to enable access to learning may include: • • • • • • •

specialised equipment specific planning for access to activities or facilities closely monitored playground supervision modification to school environments, such as buildings and facilities environmental adjustments to support participation in learning provision of specialist advice on a regular basis support from specialist staff.

Extensive Adjustments • Students with disability and very high support needs are provided with extensive targeted measures and sustained levels of intensive support.

These adjustments are highly individualised, comprehensive and ongoing.

• Adjustments to the regular educational program OCCUR AT ALL TIMES and may include:

- intensive, individualised instruction or support in a highly structured or specialised manner for all courses and curricula, activities and assessments - intensive, individualised instruction to support multiple areas of communication - planned, highly specialised and/or intensive health, personal care and/or safety support or intervention - enabling access to learning through: • specialised equipment • highly modified classroom and/or school environments • extensive support from specialist staff.

At Fintona • We have students who typically are within the first two levels of adjustment;

QDTP - Supplementary Adjustments -

NCCD- WHAT DATA IS COLLECTED? • Schools will record information each August for the previous year: - The number of students receiving an adjustment for disability as defined in the DDA and the Disability Standards for Education - The level of adjustment

2020 NCCD CHANGES… • From 2018 the data from the NCCD is linked to Government Funding and schools will be audited on the numbers they submit!

• For 2020 6 weeks of evidence (non-consequtive is required), rather than the 10 weeks previously mandated • Every teacher MUST have a clear understanding of the DDA and Disability Standards to ensure students are correctly identified and the relevant adjustments are being made for these students • Schools MUST provide EVIDENCE that they are making the level of adjustment indicated • Communication between student, their parents and the school MUST be DOCUMENTED!

Key points‌. To ensure access and participation for student’s with a disability 1. Differentiated- You must ensure you have records of differentiated classroom practise within your own teaching records and visible on your teacher planning 2. Supplementary- You must have records of adjustments made for the student and communication between parent/curriculum support and/or school counsellor and/or head of year or school/ student (where necessary) is mandatory.

3. Evidence required- 6 weeks of evidence is required within a year (August to August not calendar year) for 2020 4. A student is not always going to be in the same level year after year

Teacher-based Evidence • Weekly teaching planners • Unit planners • Record of Communication- emails/ phone calls/ meetings- parent/student • Teacher Meetings- minutes • Meetings with Curriculum Support/ School Counsellor/ Head of Year/School minutes • Faculty Meeting minutes • Student work samples- assessments, exam papapers etc.

Teacher Form; Required • Please see list of students that we are looking to count for NCCD 2020 (inFintona only) • Please complete one MS Form for each student if you have made any adjustments from August 2019-August 2020

Further Information https://www.nccd.edu.au/