Disability discrimination in education: Investigating the ADR experiences of parents and practitioners

Elpitha Spyrou, Marianne Clausen

Research output: Contribution to journalArticlepeer-review

Abstract

Disability discrimination in schools is prohibited by state and federal anti-discrimination laws. If issues arise, complainants may seek redress through formal or informal complaint pathways. These pathways often utilise confidential alternative dispute resolution (‘ADR’), and as such, little is known about how the conflict inherent in such complaints is resolved, if at all. Despite this gap, the recent Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability made recommendations to amend these laws without inquiring into how these complaints were resolved or whether the advantages of ADR are realised. This article employs thematic analysis to address this gap by exploring the experiences of two participant groups involved in these confidential education complaints about students with disability-related challenging behaviours: Parent participants and resolution practitioners.

Original languageEnglish
Pages (from-to)1317-1347
Number of pages31
JournalUniversity of New South Wales Law Journal
Volume47
Issue number4
DOIs
Publication statusPublished - Dec 2024
Externally publishedYes

Keywords

  • disability discrimination
  • education
  • formal or informal complaints
  • Anti-discrimination laws
  • resolution practitioners
  • Parents' involvement

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