The concept of inclusive education, discussed here in relation to students with disability, has emerged

from a global trend aimed at ensuring the most marginalised and vulnerable students can access and
participate in education (Carrington et al. 2012). International instruments such as the Convention on
the Rights of Persons with Disabilities (CRPD; United Nations 2008; see Chapter 4) require signatories,
including Australia, to provide reasonable adjustments and individualised supports so that students with
disability can access an inclusive education, without discrimination, in schools in the ‘commu-nities in
which they live’ (Article 24). The Commonwealth Disability Discrimination Act 1992 (DDA; Cth) and its
subordinate legislation, the Disability Standards for Education 2005(DSE; Cth), provide the regulatory
framework that governs the education of students with disability in Australian schools. This chapter will
define discrimina-tion, explain the legislative right to an inclusive education for students with disability,
outline the application and limitations of Australia’s Commonwealth anti- discrimination legislation,
clarify the obligations and lessons learned from past litigation, and offer practical implica-tions for the
inclusion of students with disability in Australian schools.What is Discrimination?When it comes to
disability, discrimination is defined as: Legislation, litigation and implications for inclusion101any
distinction, exclusion, or restriction on the basis of disability which has the purpose or effect of impairing
or nullifying the recogni-tion, enjoyment or exercise on an equal basis with others, of all human rights
and fundamental freedoms in the political, economic, social, cultural, civil or any other field. (United
Nations 2008: Article 2)In education, students with disability experi ence discrimination when they are
denied, or are given limited access to, education in the school of their choice; have conditions imposed
on their enrolment, attendance and/or participation that differ from those imposed on their peers; are
required to participate without adjustments or supports; or are treated negatively on the basis of their
disability. Discrimination can be conceptualised as ‘any practice that makes distinctions between
individuals and groups so as to advantage some and disadvantage others’ (Waldeck & Guthrie 2004:
7).Inclusive Education as a RightEducation is viewed as a critical factor in redressing the disadvantage
that might arise from an individual’s personal or social circumstances. At the same time, it has the
power to change discriminatory attitudes held by teachers, students and the broader school community
(Masters & Adams 2018). For Australian students with disability, educational practices have evolved
from the disadvantage of initially being provided no formal education, to separate provision in parent-
run, charity- owned or government- funded segregated programs or schools, to attendance at
mainstream schools with varying levels of integration or inclusion (Ashman 2018). Views on educational
practices to best support the inclu-sion of students with disability have evolved alongside broader shifts
in attitudes towards the inclusion of people with disability in society.

MLA 8th Edition (Modern Language Assoc.)

Linda Graham. Inclusive Education for the 21st Century : Theory, Policy and Practice. Routledge, 2020.

APA 7th Edition (American Psychological Assoc.)

Linda Graham. (2020). Inclusive Education for the 21st Century : Theory, Policy and Practice. Routledge.