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November December 2005
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Back 2 basics
Considerations for people with a disability

There has been an increased awareness of disability issues in the vocational education and training sector in recent years, but people with a disability still do not participate as actively in training as other Australians, and do not enjoy the same employment successes. Every trainer, assessor and staff member from a registered training organisation therefore needs to be aware of the challenges facing learners with a disability, and understand how to include and support all learners.

What is a disability?

A disability may be defined as ‘any physical, sensory, neurological, intellectual, cognitive or psychiatric condition that can impair a person’s ability to perform an activity in the manner considered to be within the normal range for a person’ (Working with Diversity: Quality Training for People with a Disability, 2004). Disabilities may be short-term or long-term, and some are episodic.

Vocational education and training policies for people with a disability

Bridging Pathways is the national strategy to increase opportunities for people with a disability in vocational education and training. Its four goals are:

  • opening the door (access);
  • improving the learning experience (participation and attainment);
  • achieving employment and lifelong learning outcomes (outcomes in employment and learning);
  • creating an accountable system (accountability).

The Client and Student Voice Action Group has been established to provide advice to the ministers responsible for training on meeting the needs of all learners, particularly people with a disability and Indigenous Australians. The action group will also develop performance measures and national priorities for the new multilateral and bilateral funding agreements (that is, the volume of activity that each state and territory is expected to undertake in order to meet the needs of these target groups).

The Australian, state and territory chief executive officers responsible for training have endorsed a focus on people with a disability and Indigenous Australians, and will work with industry and client group representatives to establish new arrangements by June 2006.

Why is inclusion of people with a disability so important?

Registered training organisations must meet specific client needs under the Australian Quality Training Framework. They must also comply with the following Australian Government anti-discrimination legislation:

  • Disability Discrimination Act 1992;
  • Disability Standards for Education 2005.

The Disability Discrimination Act makes it unlawful for an employer, training provider or other service provider to discriminate against someone with a disability.

Being denied entry to training despite meeting all the selection requirements, or being required to pay higher fees than other learners, are examples of direct discrimination. Indirect discrimination occurs where a condition or requirement is imposed which appears the same for everyone but unfairly excludes or disadvantages someone with a disability. For example, making all learners undertake a written assessment when writing is not a requirement of the unit of competency, thus disadvantaging those people who cannot write because of their disability.

The Disability Standards for Education came into effect on 18 August 2005. They clarify the obligations of education and training providers and the rights of the 210,000 Australian students with a disability. The standards cover:

  • enrolment procedures;
  • participation;
  • program development, accreditation and delivery;
  • student support services;
  • elimination of harassment and victimisation.

To download a copy of the standards and the guidance notes visit www.ag.gov.au/DSFE and scroll to the bottom of the page.

Reasonable adjustment

The Disability Discrimination Act uses the principle of reasonable adjustment to provide people with a disability with the same educational opportunities as everyone else. To be reasonable, adjustments must be appropriate for that person, must not create undue hardship for the training provider and must be allowable within the rules defined by the training package.

How is reasonable adjustment determined?

In most situations the person with the disability will be able to tell educators the adjustments he or she needs. If necessary, educators should also seek advice from the appropriate community agencies.

Reasonable adjustment activities could involve:

  • making training and assessment materials and methods accessible. For example:
    - workplace demonstrations can work well for people with cognitive impairments;
    - a learner with a reading difficulty may prefer to attend face-to-face sessions;
    - a learner with a hearing impairment may want paper-based materials in advance of face-to-face sessions.
  • adapting the physical environment and equipment. Examples of aids and equipment for assisting learning include:
    - ramps for wheelchair access;
    - adjustable or modified seating and desks;
    - technology such as speech synthesisers, telephone typewriter (TTY) phones or computer aids and software.
  • providing additional support for the learner. Examples of support services may include:
    - interpreters for hearing-impaired learners;
    - personal assistants for people with a vision impairment;
    - extra tutorial support for learners with an intellectual or cognitive disability;
    - scribes for people who cannot write due to their disability.
  • making time-related changes. Extending or altering timeframes for training is a highly effective means of adjusting training to meet learners’ needs (unless speed is an essential element of competence). For example:
    - a learner with a learning disability may need additional time for some types of assessment;
    - a learner with chronic fatigue syndrome may choose part-time study in a self-paced mode to allow for periods of illness while still occasionally attending on-site sessions.

Is funding available?

There is no special funding allocation for reasonable adjustment. Research shows, however, that most people with a disability require only minor adjustments to allow them to undertake training. Costs for making adjustments may well be outweighed by benefits for training organisations—for example by increasing the diversity of the client base. If necessary, it may be possible to obtain funding support within the wider community.

What if changes are too difficult for training organisations?

The Disability Discrimination Act does not require changes to be made if they will cause major difficulties or unreasonable costs to a person or organisation. This is called ‘unjustifiable hardship’. Before claiming that adjustments are unjustified, educators need to thoroughly consider how an adjustment might be made, discuss this directly with the person involved and consult relevant sources of advice.

Whether adjustments are considered reasonable depends on the individual circumstances of the case and the training organisation. For example, what is expected of small training providers and much larger ones might be quite different.

More information

Much of the information contained in this article was gathered from the publication Working with Diversity, Quality Training for People with a Disability (Australian National Training Authority, 2004). This publication also provides case studies and examples of how some registered training organisations are working successfully with a range of client groups. To download the publication visit the Department of Education, Science and Training website at antapubs.dest.gov.au/publications/publication.asp?qsID=658

The Australian Disability Clearinghouse on Education and Training (www.adcet.edu.au) provides up-to-date and comprehensive information about inclusive teaching, learning and assessment strategies and support services.

The Regional Disability Liaison Officer and Disability Coordination Officer network provides information, coordination and referral services for people with a disability interested or enrolled in post-school education and training. For more information visit www.adcet.edu.au/rdco

Other valuable resources and websites include:

For more information about the Client and Student Voice Action Group contact Sarah Marshall, Department of Further Education, Employment, Science and Technology, on 08 8463 5592 or marshall.sarah@saugov.sa.gov.au

For more general information about access and equity in vocational education and training refer to the Back 2 basics article in the October 2005 issue of this newsletter at www.tpatwork.com/ViewArticle.asp?articleid=1858

For information on access and equity considerations for Indigenous Australians, stay tuned for the Back 2 basics article in the January/February 2006 issue of this newsletter.