All three South Australian education sectors – Public, Independent and Catholic – will take significant steps today towards a more inclusive education system in South Australia.
The reforms are set to deliver on the recommendations made by the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.
In 2023 the Disability Royal Commission made 222 recommendations on how to improve laws, policies, structures and practices to ensure a more inclusive society that supports the independence of people with disability. Of those, 15 recommendations related to the Education system.
Today, the Malinauskas Labor Government, alongside Catholic Education South Australia (CESA) and the Association of Independent Schools of South Australia (AISSA) jointly announce they will prioritise implementing recommendations that seek to drive significant system change to improve learning and wellbeing outcomes, prevent discrimination and exclusion, and ensure a more inclusive education for students with disability.
The agreed actions across sectors include providing annual de-identified data to the Minister for Education covering enrolment refusal or cancellation for students with disability, and consistent information about the grounds, length and use of suspensions, exclusions and expulsions.
A commitment to the consistent use of suspensions, exclusions and expulsions of students with disability in line with existing provisions and factoring in contractual requirements of non-government schools is also included.
The government will also undertake a review of the Education and Early Childhood Services (Registration and Standards) Act 2026, including a (clearer/stronger/specific) focus on appropriate inclusive education practices as outlined in the Standards and ensuring adequate ability to investigate and address complaints.
The work announced today will also include provision of clear, accessible, transparent information for students with disability and their families – focusing on their rights, the legal obligations of schools relating to enrolment and review processes, and in relation to access to supports for students.
As a result of the agreement, amendments are expected to the Education and Children's Services Act 2019, with a working group formed with representatives from the Department for Education, CESA and AISSA, to work through the drafting process and implementation details.
Engagement will also be undertaken with peak bodies and disability advocacy groups about the proposed changes.
As put by Blair Boyer
We are the first state in the country to come to an agreement with all education sectors and stand together to make a public commitment.
I took an oath as Minister, that I was Minister for all students regardless of where they go to school. This is equally true for students with a disability.
I am proud that South Australia has led the way by joining the public, Catholic and Independent education systems together to respond to the recommendations of the Royal Commission.
Having a consistent approach across schools is an important step forward for education in our state and a testament to the work of all three sectors – that education should be equitable and accessible for all young people in South Australia.
As put by the Association of Independent Schools of South Australia (AISSA) Chief Executive Anne Dunstan
Throughout all cross-sectoral discussions on the recommendations of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with a Disability as they pertain to education, we have maintained a central focus on the fundamental human rights of all children and students with disability.
Independent schools in South Australia educate in excess of 54,000 students, of whom nearly 13,000 have an identified disability.
We seek, through our collaborative cross-sectoral work, to continue to provide advice and support to AISSA member schools to work in partnership with families and communities so that children and young people with disability can have the best start in life.
As put by Catholic Education South Australia (CESA) Executive Director Dr Neil McGoran
Within Catholic Education, diversity, equity, and inclusion are central to our mission.
The launch of our own Students with Disability Strategy in 2022 marked a significant step forward in eliminating barriers, fostering equity, and enhancing learning, wellbeing, and inclusion for students with disability across all Catholic schools and centres.
Led by the State Government, this commitment to bring the three schooling sectors together to implement the recommendations of the Disability Royal Commission is welcomed by Catholic Education.
It will enhance the work of our existing strategy and bring consistency of practice across all schools in South Australia for the benefit of students and the community.
Together with our school communities and families, we remain deeply committed to fostering a safe and inclusive environment that empowers every student to thrive.
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Disability Royal Commission recommendations and cross-sector actions
DRC Recommendation 7.1 Provide equal access to mainstream education and enrolment.
- Provide clear, accessible, transparent information for students with disability and their families on their rights, the legal obligations of schools relating to enrolment applications and review processes. This information should be easily accessible.
- Each school or sector to provide annual de-identified data to the Minister for Education (through the Department for Education) on enrolment refusal or cancellation for students with disability. The report should also include any identification of trends and any additional actions taken to address barriers.
DRC Recommendation 7.2 Prevent the inappropriate use of exclusionary discipline against students with disability.
- Amend the Education and Children's Services Act to provide that the existing provisions relating to the grounds, length and use of suspensions, exclusions and expulsions apply consistently across all school sectors, factoring in contractual requirements of non-government schools.
- Amend the Education and Children's Services Act to require all education sectors (including the government sector) to report on the number, proportion, rate and grounds of suspension, exclusion and expulsion of students with disability. This data would be reported to the Minister and should be made publicly available by sector only.
- Ensure each school has Suspension, exclusion and expulsion policies and procedures consistent with the legal provisions and key DRC principles. These policies and procedures should be easily accessed by students with disability and their families.
Recommendation 7.3 Improve policies and procedures on the provision of reasonable adjustments to students with disability.
- Provide clear, accessible, transparent information for students with disability and their families in relation to students' individualised learning plans.
- Provide greater access to tools and resources to assist schools to adapt curriculum, teaching and assessment practices to enable students with disability to participate in learning experiences on the same basis as students without disability enrolled in the same course.
Recommendation 7.10 Complaints management.
- Provide clear, accessible, transparent information for students with disability and their families about their rights and options when managing complaints. This information should be easily accessible.
- A review of the Education and Early Childhood Services (Registration and Standards) Act will commence in 2026. The reviewer will be agreed by the three sectors, and will seek to modernise the legislation to supports all preschools and schools (and their students) to thrive. Consideration of complaints processes, including complaints relating to students with disability, will be considered through this review. An advisory group with all sectors will be established to inform this review.
Recommendation 7.11 Stronger oversight and enforcement of school duties.
Amend school registration requirements so that schools across all sectors strengthen inclusive education practices that follow the intent of the DRC recommendations.
