Growing up can be hard. Growing up with learning difficulties can be even harder.
By law, teachers are expected to provide a safe, welcoming environment for all students, and provide support where needed for those with learning and physical disabilities.
No judgement, no discrimination – no problem, right?
Unfortunately, that’s not the reality in every Australian school.
One Brisbane private school has recently been under fire with claims of discrimination against students with learning difficulties.
Claims of discrimination against students suffering with ADHD, anxiety, and dyslexia at elite all girls Brisbane school, All Hallows’ School, is the latest case against schools in Brisbane refusing to show support for those who need it the most.
Families have allegedly been left devastated, forced to remove their children in a “mass exodus” from the prestigious Catholic school that promotes itself as Queensland’s oldest secondary school.
One parent claims that students are given suspensions for poor grades, while another says that their child received less favourable treatment because of her ADHD.
“Children with ADHD are seen as troublesome, disruptive kids – but they’re not, their brain just works a bit differently,” the parent told Courier Mail.
There have since also been claims that teachers have quit in protest of the allegations.
All Hallows’ School refused to provide comment.
Discrimination comes in many forms in Brisbane schools
Allegations to All Hallows’ School comes after a controversial year where two Brisbane private schools were under fire for discrimination against transgender students.
In 2022, Citipointe Christian College infamously sent out contracts to all their enrolled families where the college asked for a declaration of faith relating to homosexuality and gender identity.
Janina Leo, who had three kids enrolled at the school, one identifying as transgender, has since un-enrolled them since the controversy, adding it was not the first instance of discrimination against one of her children.
Ms Leo had previously issued a complaint after a lesson that centred on gender and identity was “was disgusting… and revolting”, only using an androgynous alien and a man living as a six-year-old girl to illustrate trans people.
Also in 2022, Emma Jensen said she was excited for two of her four children – Rylee, 13, and Harley, 12 – to attend Brisbane all girls private school Carinity Education Southside after seeing photos of their relatives in the school’s foyer.
Rylee was accepted, however, Harley was not – on the grounds that she was born a male.
“She identifies as a female and is on hormone blockers so she can transition,” Ms Jensen said in a report at the time. “I don’t see the problem.”
Ms Jensen was originally assured in the application process that her daughter’s gender preference would not be an issue, and has since sought legal action against the school through the Queensland Civil and Administrative Tribunal.
Know your rights
With the ever-changing landscape of politics, identity and inclusivity, it’s important to stay up-to-date on your rights in regards to discrimination.
The Department of Education’s Inclusive education policy states that children and young people across Queensland, from all social, cultural, community and family backgrounds, and of all identities and all abilities are, by law, able to:
- Attend their local state school or education centre and be welcomed.
- Access and participate in a high-quality education and fully engage in the curriculum along-side their similar-aged peers.
- Learn in a safe and supportive environment, free from bullying, discrimination or harassment.
- Achieve academically and socially with reasonable adjustments and supports tailored to meet their learning needs.
Additionally, in adherence to the Disability Discrimination Act 1992 and the Disability Standards for Education 2005, all Queensland schools are also required to make reasonable adjustments to ensure students with disability are able to participate in education on the same basis as students without disability.
When is different treatment allowed?
It is important to note that not all forms of discrimination are against the law in all circumstances.
Educational institutions catering for students of a particular sex, religion or general or specific impairment, can lawfully exclude students who are not. However, they are not to discriminate when enrolling students on the basis of other characteristics like sexuality, race, or gender identity as this directly defies The Anti-Discrimination Act 1991.
Whether a particular exemption will apply will usually be a question of fact, which only the Tribunal can decide.
Further resources:
- Age Discrimination Act 2004 (Cwlth) External link
- Anti-Discrimination Act 1991 (Qld) External link
- Australian Human Rights Commission Act 1986 (Cwlth) External link
- Disability Discrimination Act 1992 (Cwlth) External link
- Disability Standards for Education 2005 (Cwlth) External link
- Education (General Provisions) Act 2006 (Qld) External link
- Human Rights Act 2019 (Qld) External link
- Multicultural Recognition Act 2016 (Qld) External link
- Racial Discrimination Act 1975 (Cwlth) External link
- Sex Discrimination Act 1984 (Cwlth)
