✓ Your child has the legal right to enrol at your local government school. No school can refuse this.
Under the Disability Discrimination Act 1992 and the Disability Standards for Education 2005, a school cannot lawfully refuse your child's enrolment on the basis of disability alone. The only exception the law allows is unjustifiable hardship, which the school has to demonstrate rather than simply assert.
- If a school discourages enrolment, directs you elsewhere, or makes you feel unwelcome, this may be unlawful discrimination.
- You can complain to the Australian Human Rights Commission.
Schools must make reasonable adjustments so your child can take part on the same basis as peers, and must consult you about them. It's an entitlement, so it's fine to ask.
- Visual timetables, extra time, a quiet space, sensory supports, modified tasks, teacher aide time, and access to allied health.
- These are decided with you and the school must consult you.
A school cannot refuse an adjustment simply by saying it is 'too expensive' or 'too difficult'. The law does allow a school to argue unjustifiable hardship, and the cost of the adjustment and the school's own financial circumstances are among the relevant factors, but it must show the hardship is genuine and disproportionate once all the circumstances are weighed, including any financial or other assistance available to it. Under section 11 of the Disability Discrimination Act 1992, the burden of proving unjustifiable hardship sits with the school, not with you, so you can ask what it is basing that claim on and ask for it in writing.
The Disability Standards for Education give you legal rights to be consulted and to have reasonable adjustments made. They do not require a specific document, so there is no national legal right to an Individual Learning Plan as such. A written plan, called an ILP, IEP or personalised learning and support plan depending on the state, is standard practice and is how schools usually record adjustments, and nationally consistent guidance treats personalised planning as expected practice.
- A plan documents your child's goals, the adjustments in place, who is responsible, and how progress is reviewed.
- Ask for the adjustments in writing and to be involved in developing the plan, then agree a review date with the school. No national rule sets a standard review frequency, and it varies by state and by school, so ask what the school's own review cycle is and request a review sooner if your child's needs change.
These steps are general guidance rather than a legally prescribed process, apart from the Human Rights Commission complaint route. Work through them in order, and document everything along the way.
Document everything by keeping records of all conversations, emails and incidents.
Request a formal meeting with the principal; ask for the support plan in writing.
If unresolved, contact your state education department's disability and inclusion team, listed on the Government schools tab.
Get free legal advice from a community legal centre. The names differ by state: in Victoria it is the Disability Discrimination Legal Service (03 9654 8644), while other states have differently named disability or general community legal centres, so search the Community Legal Centres Australia directory or call your state Legal Aid.
Complain to the Australian Human Rights Commission if it constitutes unlawful discrimination.
For advocacy, call Amaze Autism Connect on 1300 308 699.
- Australian Government-funded free workshops and online modules for parents and carers of autistic school-age students.
- Covers navigating school systems, legal rights, working with teachers, preparing for meetings, and planning transitions.
Available online and at locations across Australia.
Call 1300 308 699 (Mon–Fri, 8am–7pm) for free expert advice on school options, your rights, enrolment navigation, and finding local support services.
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