The Situation
What They Said
“We don't have the resources to support your child. You should look at a special school.”
For parents of children with disability, this kind of response from a mainstream school is crushing and common. It is delivered with a veneer of practicality — sometimes even care — but it communicates something devastating: your child does not belong here. The parent is sent away to find a 'special' setting, often without any assessment of whether the mainstream school has actually explored its legal obligations to provide support.
Australian disability discrimination law mandates inclusive education. The Disability Standards for Education 2005, made under the Disability Discrimination Act 1992, require that students with disability be able to enrol in, and participate meaningfully in, education on the same basis as students without disability. Schools — government and non-government — are required to make 'reasonable adjustments' to allow this. The question is not whether a school currently has the resources; it is whether obtaining those resources would impose 'unjustifiable hardship'.
The redirection to 'special schools' is a default response that avoids the difficult work of adjustment. While specialist settings can be appropriate for some students, the decision must be made based on an individual assessment of the child's needs and what adjustments would make mainstream inclusion viable — not based on a front-desk assumption that resources are unavailable. Parents who accept this redirection without challenge often forgo their child's legal right to inclusive education.
The Fallacy
Resource Scarcity Deflection — Using Claimed Resource Limitations to Avoid Assessing the Actual Legal Obligation
The claim 'we don't have the resources' is presented as though it conclusively ends the inquiry. But under Australian disability law, the question is not whether a school currently possesses all the resources needed to support a student — it is whether making the necessary adjustments would impose unjustifiable hardship on the school. These are very different questions. A school that has not applied for funding, has not developed a support plan, and has not engaged with the relevant education authority cannot simply declare that resources are unavailable.
The Disability Standards for Education 2005 require schools and education systems to take proactive steps, including applying for additional resources and support, developing individual learning plans, and engaging with parents and students to understand what adjustments are needed. The obligation is not static — it is a proactive duty to take reasonable steps.
The 'try a special school' suggestion is also a form of segregation that Australian law has deliberately moved away from. Inclusive education is not simply a preference — it is the standard the law mandates, and diverting a child to a segregated setting without a proper individual assessment of inclusion options is a discrimination-avoidance strategy, not a genuine exercise of judgment about what is best for the child.
What the Law Says
Your Legal Foundation
Disability Discrimination Act 1992 (Cth)
Section 22 — Education
“It is unlawful for an educational authority to discriminate against a person on the ground of the person's disability: (a) by refusing or failing to accept the person's application for admission as a student; or (b) in the terms or conditions on which it is prepared to admit the person as a student.”
Refusing to enrol a child with disability is direct discrimination under Section 22 of the Disability Discrimination Act unless the school can demonstrate unjustifiable hardship. The school cannot simply claim resource constraints without a proper assessment — the burden is on the school to show that even with reasonable adjustments, enrolment would impose unjustifiable hardship.
Disability Standards for Education 2005 (Cth)
Section 4.2 — Enrolment — on the same basis as students without disability
“An education provider must take reasonable steps to ensure that the student is able to seek admission to, or apply for enrolment in, the educational institution on the same basis as a prospective student without a disability, and without experiencing discrimination.”
The Disability Standards for Education specifically address enrolment as the first point of obligation. 'The same basis as a student without a disability' means the child must be assessed for enrolment through the same process and on the same criteria as any other student — disability cannot be used as a pre-emptive ground for redirection. The school must first assess what adjustments are needed before determining whether those adjustments would be unjustifiable.
Disability Standards for Education 2005 (Cth)
Section 3.4 — Reasonable adjustments
“For the purposes of these Standards, an adjustment is a measure or action taken by an education provider, or proposed to be taken by an education provider, that has the effect of assisting a student with a disability to access and participate in education and training on the same basis as a student without a disability.”
The obligation to make reasonable adjustments is central to the Standards. The school is required to consult with the family, assess the student's support needs, and develop an adjusted learning environment. Only after this process — and only if the adjustments required would impose unjustifiable hardship — is a school's refusal to enrol potentially defensible.
What Scripture Says
God's Word on This
Luke 18:16 (NIV)
“But Jesus called the children to him and said, 'Let the little children come to me, and do not hinder them, for the kingdom of God belongs to such as these.'”
Jesus rebuked those who would bar children from him — not because the children were demanding or disruptive, but because children have inherent access to him. Applied to inclusive education, this verse speaks to the obligation not to put barriers in front of children with disability that are not placed before other children. The school's door, like the arms of Jesus, should be open.
Psalm 127:3 (NIV)
“Children are a heritage from the Lord, offspring a reward from him.”
Every child — including a child with disability — is described in Scripture as a heritage from God. This is not conditional on developmental status, diagnosis, or educational capacity. A child who is turned away from a school because of disability is a heritage of God being told they do not belong. This is not merely a legal wrong — it is a rejection of something God has given.
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