Final Report - Volume 7, Inclusive education, employment and housing

Volume 7 – Inclusive education, employment and housing

Part A – Inclusive education

Background

The Disability Royal Commission’s Final report tells the Australian Government what changes need to be made to prevent violence against, and abuse, neglect and exploitation of, people with disability.

We recommend change so people with disability can enjoy all human rights and freedoms fully and equally.

Our Final report has 12 volumes.

This videos is a summary of Volume 7, which has three parts (A, B, C):

• inclusive education

• inclusive employment

• inclusive housing.

Our vision for an inclusive society is one where people with disability live, learn, work and socialise alongside people without disability. However, education, employment and housing in Australia fail to achieve this.

In Volume 7 we make recommendations to transform mainstream education, and to open up employment and housing markets in Australia. This would support greater access, choice and security for people with disability to learn, live and work within the community.

Inclusive education – Summary

People with disability in Australia have the right to a safe, quality and inclusive education. Education is the starting point for an inclusive society.

But Australian schools do not consistently deliver an inclusive education that protects students from violence, abuse and neglect. Students face multiple barriers to an inclusive education based on negative attitudes and low expectations.

Schools systematically exclude students with disability. They do this by not providing appropriate adjustments and supports so students can’t take part in classrooms and in the broader school community.

In many cases, students with disability are denied access to the school of their choice or discouraged from enrolling. This is known as ‘gatekeeping’. Gatekeeping practices channel students with disability into special/segregated schools and classes.

Schools often fail to engage students with disability and their parents in decision-making.

Schools inappropriately use exclusionary discipline.This refers to excluding a student from a classroom, an activity or from school as a whole, as a result of disobedient behaviour. Examples of exclusion include suspension or expulsion.

Schools often fail to provide students with disability with adjustments, supports and individualised planning. They also fail to plan and support students’ transition to further learning and work.

For Australia’s school system to be inclusive, there needs to be significant change.

We recommend:

• changes to policies and laws

• better support services for students to move into further education or the workforce

• changes to culture, capability and practice

• better training and support for teaching staff and principals

• improved data collection and use

• stronger oversight

• greater accountability.

All Commissioners agree that mainstream schools need major reforms. However, Commissioners have different views on whether special/segregated education has a place in inclusive education, and whether it should continue.

Inclusive education – Recommendations

Part A contains 15 recommendations aimed at creating inclusive education. They include:

• Students with disability should have equal access to mainstream education and enrolment. States and territories should change education laws to make it a right for students with disability to enrol in a mainstream school. State and territory governments should prevent ‘gatekeeping’ by keeping a record of decisions on enrolments that have been refused, and reporting this to the minister for education. They should develop an independent review process so parents can challenge a refusal to enrol their child.

• The inappropriate use of exclusionary discipline against students with disability, such as suspending or expelling a student, should be prevented. State and territory education authorities must avoid using exclusionary discipline unless it is to prevent risk of serious harm to the student, other students or staff. Principals must report the repeated use of exclusionary discipline to education authorities so it can be independently managed.

• Policies and procedures on providing reasonable adjustments to students with disability should be improved. State and territory authorities should:

  • develop guidelines so schools can comply with their legal obligations to provide adjustments

  • ensure schools have more access to guidance materials and specialist support to help teachers adapt the curriculum, teaching and assessment practices.

Deaf education

We heard that the education system is failing the Deaf community.

Deaf people experience language deprivation. This is because early education focuses on spoken English. Language deprivation is linked to poor educational outcomes, mental health issues and isolation.

In most states there is no requirement for an educational interpreter to have a formal qualification as an interpreter. A teacher of the deaf who instructs a deaf student in Auslan is also not required to be an accredited interpreter.

This impacts on the quality of the education a student receives.

There is no consistent national approach to educating deaf children in Australia. This means deaf children leave school with different levels of educational success.

Deaf schools where sign language is the main form of communication can be successful in teaching deaf children. But these schools are often seen as a last resort. And they are being closed.

A key way to improve deaf education across school systems is to use the specialist support of lead practitioners in deaf education.

We recommend that state and territory governments employ lead practitioners who are experienced teachers of the deaf to support the education of deaf students.

They would be shared between groups of schools to build the capability of educators and support inclusive practices for deaf students. They would not replace classroom teachers.

We also recommend that state and territory governments employ skilled and qualified Auslan interpreters.

Segregated education

Commissioners Barbara Bennett, Rhonda Galbally and Alastair McEwin believe segregation of people in education is a significant human rights issue.

They note that outcomes for people with disability attending special/segregated education settings are poor and not acceptable. They say this amounts to educational neglect and contributes to experiences of violence, abuse, neglect and exploitation.

These Commissioners consider that to achieve an inclusive education, all special/segregated education settings must be closed over time. They recommend a timetable of 28 years for phasing out special/segregated education settings.

The Chair Ronald Sackville, and Commissioners Andrea Mason and John Ryan use the term ‘non-mainstream schools’ to describe schools that exclusively or primarily enrol children and young people with complex support needs.

The Chair and these Commissioners do not believe it is necessary or appropriate to phase out non-mainstream schools.

They believe there will always be a small group of children and young people with disability who prefer these settings. Or whose parents believe their complex needs are best met in a non-mainstream school.

They believe that parents should be able to freely choose the educational setting that best meets the needs of their children.

They recommend more engagement between students at mainstream and non-mainstream schools – through sport, celebrations, cultural activities, and social opportunities.

More information

For more information about our Final report, and to access all volumes, visit our website. Go to the ‘Publications’ section and click on ‘Final report’.

www.disability.royalcommission.gov.au

Volume 7 – Inclusive education, employment and housing

Part B – Inclusive employment

Background

The Disability Royal Commission’s Final report tells the Australian Government what changes need to be made to prevent violence against, and abuse, neglect and exploitation of, people with disability.

We recommend change so people with disability can enjoy all human rights and freedoms fully and equally.

Our Final report has 12 volumes.

This video is a summary of Volume 7 which has three parts (A, B, C):

• inclusive education

• inclusive employment

• inclusive housing.

Our vision for an inclusive society is one where people with disability live, learn, work and socialise alongside people without disability. However, education, employment and housing in Australia fail to achieve this.

In Volume 7 we make recommendations to transform mainstream education, and to open up employment and housing markets in Australia. This would support greater access, choice and security for people with disability to learn, live and work within the community.

Inclusive employment – Summary

The opportunity to work, earn a living and participate as an economic citizen is a key component of an inclusive Australia and a core human right.

But recent data shows that 53 per cent of people with disability aged 15 to 64 are in the workforce, compared with 84 per cent of people without disability.

People with disability experience barriers to getting and keeping a job in open employment. People with disability should have genuine choice and control over where and how they work.

This should include a range of employment options in different settings, including open employment and supported employment.

In this part, we consider how to increase the pathways and opportunities for people with disability in the workforce. We make recommendations to increase open employment.

We also recommend the Australian Government develop a plan to help people with disability working in Australian Disability Enterprises to more inclusive, open employment options, where that is their choice

We also recommend raising subminimum wages for people with disability to at least half the minimum wage. However, Commissioners have different perspectives and recommendations in some areas.

Recommendations for inclusive employment

Australian public sector

Part B contains 17 recommendations aimed at creating inclusive employment. Some of them relate to the public sector:

• The Australian Government and state and territory governments should develop targets to increase the proportion of people with disability working in the public sector.

• The Australian Government and state and territory government departments and agencies should set a target to ensure that a proportion of new public service staff are people with disability. This target should be at least 7 per cent by 2025. It should increase to at least 9 per cent by 2030.

• The Australian Public Service Commission should develop common principles for policies about providing and managing adjustments in the public sector. They should include:

  • timeframes for implementing adjustments

  • a process for review

  • clear and accessible processes for making and responding to complaints about adjustments.

Disability Employment Services

We make some recommendations that relate to Disability Employment Services (DES) including:

The Australian Government Department of Social Services should ensure the design of the new DES model:

• is co-designed by people with disability

• adopts a customised employment model, that is, brings together the strengths, interests and skills of an employee and matches these with an unmet need in an employer’s business. Funding arrangements should support this.

• considers removing the requirement of a person to work eight hours a week in order to access the DES.

Australian Disability Enterprises

Other recommendations refer to Australian Disability Enterprises (ADEs). They include:

• The Australian Government should fund an information campaign for employees with disability in ADEs.

• The campaign should provide information about open employment, including wage conditions and how the Disability Support Pension interacts with a person’s wage.

• The Australian Government should develop a plan to support people with disability working in ADEs to move to open employment where that is their choice.

Commissioners Barbara Bennett, Rhonda Galbally, Andrea Mason and Alastair McEwin recommend the Australian Government develop a road map to transform ADEs and get rid of subminimum wages for people with disability by 2034.

This would include providing open workplaces where employees get support to undertake tasks, develop skills and transition to open employment.

The Chair Ronald Sackville and Commissioner John Ryan accept that ADEs could do more to encourage and support employees with disability into open employment.

But they also believe ADEs may have a continuing, but shrinking role to play in providing employment opportunities for people with disability.

And they believe people with disability have a right to exercise choice and control over their employment.

More information

For more information about our Final report, and to access all volumes, visit our website. Go to the ‘Publications’ section and click on ‘Final report’.

www.disability.royalcommission.gov.au

Volume 7 – Inclusive education, employment and housing

Part C – Inclusive housing

Background

The Disability Royal Commission’s Final report tells the Australian Government what changes need to be made to prevent violence against, and abuse, neglect and exploitation of, people with disability.

We recommend change so people with disability can enjoy all human rights and freedoms fully and equally.

Our Final report has 12 volumes.

This video is a summary of Volume 7 which has three parts (A, B, C):

• inclusive education

• inclusive employment

• inclusive housing.

Our vision for an inclusive society is one where people with disability live, learn, work and socialise alongside people without disability. However, education, employment and housing in Australia fail to achieve this.

In Volume 7 we make recommendations to transform mainstream education, and to open up employment and housing markets in Australia. This would support greater access, choice and security for people with disability to learn, live and work within the community.

Inclusive housing – Summary

People with disability have a fundamental human right to live in suitable housing and be connected to the community

They should be able to choose where they live, who they live with, how they live, and who supports them.

Their home should be free from violence, abuse, neglect and exploitation.

However, some people with disability face multiple barriers to housing that is accessible, appropriate and safe.

Some people with disability may have no choice but to remain long term in poor quality accommodation such as boarding houses.

Some people with disability experience homelessness. Many people experiencing homeless have disability.

Group homes can deny people with disability autonomy and choice in their daily lives. Group homes can severely limit opportunities to connect with others and participate in the community.

People with disability can experience violence, abuse, neglect and exploitation in all these settings.

We recommend fundamental changes to address these issues.

All Commissioners strongly support the need for more inclusive models and practices regarding housing for people with disability.

Some Commissioners believe that the group home model segregates people with disability on the basis of disability. They believe it does not uphold the rights of people with disability. Commissioners and the Chair explain their different views.

Inclusive housing – Recommendations

State and territory governments should make more houses accessible and adaptive for people with disability.

They should do this by immediately adopting the Livable Housing Design Standard for all new houses if they haven’t already.

This Standard should also be adopted for new social housing being built. This standard requires features like step-free access to the home, and extra space in the bathroom and toilet.

There should be minimum service standards, monitoring and oversight of supported residential services.

Minimum standards include:

• support plans for each resident that cover personal care, financial management and medication management

• up to date records of how services are delivered

• clear complaint managements processes, such as how complaints are reported

• support to residents to access independent advocacy services.

The Australian Government and state and territory governments should commit to a ‘no leaving into homelessness’ policy for people with disability.

Governments should nominate a lead agency to plan and coordinate the transition of people with disability from institutional settings (such as prisons, hospitals and out-of-home care) directly into safe and appropriate housing.

All Commissioners agree that big changes are needed to group homes to make them safe for people with disability.

However, Commissioners Barbara Bennett, Rhonda Galbally, Andrea Mason and Alastair McEwin believe group homes do not uphold the rights of people with disability.

Group homes can limit a person’s choices and can expose them to harm. They recommend the Australian Government and state and territory governments develop a roadmap to phase out group homes in the next 15 years.

Commissioner John Ryan also recommends phasing out group homes but over a longer time frame.

In his view, this would ensure a more successful transition and would empower group home residents to make their own choices about where they want to live.

The Chair Ronald Sackville sees that increasing housing options for people with disability will take a long time and require a lot of resources.

He believes that over time, when people with disability have more choice, they are less likely to choose to live in a group home. However, he believes people with disability should still have a free and informed choice to live in a group home.

More information

For more information about our Final report and to access all volumes, visit our website. Go to the ‘Publications’ section and click on ‘Final report’. 

www.disability.royalcommission.gov.au