Legislation
The regulations covering general education are deemed to apply to children and young
people with special educational needs. No children are excluded from the public education
system on the grounds of disability.
Primary and secondary education for special educational needs are covered by legislation.
The basic legislative framework is provided by the Education (General Provisions) Act
1989 (Queensland) which regulates education for all students of compulsory school age.
It places emphasis on the provision of programmes of instruction that have regard for
the age, ability, aptitude and development of all students, and does not discriminate
between people who are able and people with disabilities so far as compulsory education
is concerned. Other relevant legislation is contained in the Anti-discrimination Acts of
1991 and 1992 and the Disability Services Act 1992.
Categories of special educational needs are not defined in legislation. A student with a
disability is defined in the Education (General Provisions) Act as ‘a person who has not
attained the age of eighteen and who, in the opinion of the minister, is unlikely to attain
those levels of development of which he is capable unless he receives special education’.
Special education is the sole responsibility of the Ministry of Education.
For the future it is planned that the Queensland government strategy on disability services
will incorporate a specific policy for children with disabilities. In addition, the strategy
will explore career pathways for adolescents and young people with disabilities.