Know Your Child’s Rights

There are laws that mean a dyslexic child (or child with any disability) has the right to participate and learn in schools on the same basis as other students.

Your child’s school must consider the strengths and challenges for your child and provide appropriate support so their learning needs may be met. This includes access to evidence-based instruction so they can learn to read and write, as well as adjustments so they can access the curriculum on the same basis as their peers.

Commonwealth Disability Discrimination Act 1992 (DDA) (opens in new tab)

This Act makes disability discrimination unlawful except in certain limited circumstances. 

The definition of ‘disability’ in the DDA is broad and does not rely on a formal diagnosis. 

If a student with a disability is treated less favourably than a person without a disability because of the disability, that is direct disability discrimination.

Reasonable adjustments are any adjustments that could be made to ‘enable the participation of a person with a disability that would not impose an unjustifiable hardship on the person providing them’. A failure to make reasonable adjustments to assist the person with a disability is indirect disability discrimination.

Disability Standards for Education 2005 (opens in new tab)

The DSE helps education and training providers understand how to support students with a disability. The DSE talk about two important things:

  • the rights of students with a disability
  • what education providers must do.

Students do not always need to be diagnosed for this to apply to them. If a student is thought to live with a disability, based on reasonable grounds and supported by documented evidence, then they are also covered by this legislation. This is called an ‘imputed disability’.

The DSE makes sure students can take part on the same basis as other students. This means that students with a disability have the same rights as their peers to:

  • enrol in education
  • take part in learning experiences
  • use support services

It does not mean that all students are treated the same. Education and training providers must make reasonable adjustments to allow students with a disability to join in with their peers. 

Education and training providers must follow the DSE.

Education Act 2016 (TAS) (opens in new tab)

In this Act, the term ‘disability’:

(a) is attributable to an intellectual, cognitive, neurological, psychiatric, sensory or physical impairment or a combination of those impairments; and

(b) is permanent or likely to be permanent; and

(c) results in –

(i) a substantially reduced capacity of the person for communication, learning or mobility; and

(ii) the need for continuing support services.

Every Tasmanian student is entitled to appropriate instruction and adjustments from their school if they need it, no matter what school they attend.

United Nations Convention on the Rights of a Person with Disability (UNCRPD) (opens in new tab)

The UNCRPD states that all people with all types of disabilities must have access to all human rights and fundamental freedoms, including access to education.

Article 24, 2 states:

d) Reasonable accommodation of the individual’s requirements is provided

e) Persons with disabilities receive the support required, within the general education system, to facilitate their effective education

f) Effective individualised support measures are provided in environments that maximise academic and social development, consistent with the goal of full inclusion.

This means dyslexic students should be supported to receive an inclusive education.