Children with Disability in ECECA and School Age Education and Care - Discussion Paper

Oct 15, 2026

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Discussion paper produced by ACECQA for all Australian state and territory governments and the Australian Government to support the 2020 Review of the Disability Standards for Education 2005. It seeks input on how early childhood education and care and school age education and care providers understand their obligations under the Disability Discrimination Act 1992, focusing on access and participation for children with disability. It explains the DDA requirements for non-discrimination and reasonable adjustments, and outlines how the 2005 Standards clarify rights and responsibilities in education, including enrolment, participation, curriculum, support services, and prevention of harassment and victimisation.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages6

Reading Time15 min

AccessFree to download

Introduction

Part 1: Awareness and understanding of the Disability Discrimination Act 1992

The Disability Discrimination Act 1992 and ECEC and school age education and care

The Disability Standards for Education 2005 and early childhood education and care

How children with disability are currently accessing ECEC and school age education and care services

Children with disability in ECECand school age education and care Discussion paper Introduction This discussion paper has been produced by ACECQA, on behalf of all state and territory governments and the Australian Government, to inform the 2020 Review of the Disability Standards for Education 2005 . This paper asks providers of early childhood education and care (ECEC) and school age education and care services across Australia about their awareness and understanding of their obligations under the Disability Discrimination Act 1992 (DDA) . This includes questions of access and participation by children with disability to education and care. ACECQA’s paper complements a broader discussion paper by the Australian Government about ECEC and the Disability Standards for Education 2005, and is provided in two parts: • Part 1 is for all ECEC and school age education and care providers. • Part 2 asks questions that specifically target National Quality Framework (NQF) approved ECEC and school age education and care providers. Part 1: Awareness and understanding of the Disability Discrimination Act 1992 Part 1 relates to the DDA and focuses on providers’awareness and understanding of the DDA. It also seeks to better understand how children with disability currently access ECEC and school age education and care services. The Disability Discrimination Act 1992 and ECEC and school age education and care The DDA has been in place for nearly three decades. Under the DDA, it is unlawful to discriminate against a person because of a disability. The DDA protects people with disability against discrimination in many areas of public life, including education. All ECEC and school age education and care services must comply with the DDA. Under the DDA, it is unlawful for an ECEC and school age education and care provider to limit or refuse access to services because of a child’s disability. The provider must also make reasonable adjustments to accommodate a person with disability, unless making the adjustment would impose an unjustifiable hardship on the provider. 1 Children with disability in ECECand school age education and care Discussion paper The Disability Standards for Education 2005 and early childhood education and care The Disability Standards for Education 2005 (the Standards) came into effect on 18 August 2005. They seek to ensure that students with disability can access and participate in education on the same basis as students without disability. The Standards are subordinate legislation to the DDA; this means they sit under the DDA. The purpose of the Standards is to clarify the obligations of education and training providers, and the rights of students with disability and their families under the DDA. They are intended to make rights and obligations under the DDA easier to understand. The Standards set out the rights of students with disability and the responsibilities of education providers in relation to: enrolment; participation; curriculum development, accreditation and delivery; student support services; and elimination of harassment and victimisation. In an ECEC context, the Standards currently apply to “preschools, including kindergartens (but not child care providers)”. 1 Both the 2010 and 2015 Reviews recommended considering extending the application of the Standards to child care providers. The 2015 Review found that the sector had undergone significant reforms which increasingly emphasised the educational purpose of ECEC services, and noted the exclusion of child care from the Standards appeared to be an anomaly. The distinction made in the Standards between preschools/kindergartens and child care providers does not reflect the various arrangements in place in the ECEC sector. • There are a diverse range of service types offered by ECEC providers. These include preschools, kindergartens, centre based day care, family day care, in home care, outside school hours care (includin

FAQs

What is the purpose of this discussion paper?

It informs the 2020 Review of the Disability Standards for Education 2005 and asks providers to share awareness and understanding of their obligations under the Disability Discrimination Act 1992, with a focus on access and participation for children with disability.

What obligations do ECEC and school age education and care services have under the DDA?

It is unlawful to discriminate because of disability, to limit or refuse access due to a child’s disability, and providers must make reasonable adjustments unless the adjustment imposes unjustifiable hardship.

How do the Disability Standards for Education 2005 relate to the DDA?

The Standards are subordinate legislation to the DDA and clarify rights of students with disability and responsibilities of education providers, aiming to make rights and obligations easier to understand.

Oct 15, 2026

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