Reasonable Adjustments in Assessment: Putting Law and Policy into Practice in Australia

The Australian Disability Standards for Education 2005 (Cth) require education providers to make reasonable adjustments in educational assessment so that students with disability can participate on the same basis as other students and be able to demonstrate what they know and can do. Reasonableness is governed by a determination of the balance of interests, benefits and detriment to the parties involved. The Standards require providers to consult with students and associates on adjustments, although guidance on how consultation should occur and how the views of students and associates are to be taken into account is vague. In this article, we identify three principles to be considered in order to put appropriate and effective reasonable adjustments in assessment into practice. While Australian law and assessment contexts are used to examine intentions, expectations and practices in educational assessment for students with disability, we argue that these three principles must be considered in any national education system to ensure equitable assessment practices and achieve equitable educational inclusion for students with disability.     

Special educational needs,disability and school accountability: an international perspective

Standards-based accountability approaches in education are increasingly being adopted in many industrialised countries. This tends to involve the scrutiny of student performance in national academic tests and then holding schools accountable for subsequent progress. International assessments such as Programme for International Student Assessment (PISA) are not accountability measures in themselves, but are often utilised in a similar way and national policies are judged against performance in these tests. Drawing upon the examples of PISA and national assessments in the USA, this paper explores how students with special educational needs and disability (SEND) are included in, and served by, these assessment policies. The analysis suggests that while these approaches are inclusive in their intent (most obviously through efforts to include students with SEND in testing) they may poorly represent the progress of these students. It is argued that more equitable inclusion of students with SEND must find a balance between accountability measures which measure performance in traditional attainment-focused tests and other relevant assessments which are meaningful to the given student and/or SEND sub-group.     

Documenting support needs and adjustment gaps for students with disabilities: teacher practices in Australian classrooms and on national tests

Accommodations or adjustments for students with disabilities (SWDs) who need them are required in Australian education law and policy for classroom instruction and assessment, and external educational accountability tests. Drawing upon the structure of the Assessment Accommodations Checklist and more than a decade of accessibility research, the Checklist of Learning and Assessment Adjustments for Students (CLAAS) was developed to help teachers select and document adjustments that support SWDs and students with additional needs in classroom instruction and assessment, and external tests. The CLAAS was trialled with 21 primary school teachers documenting adjustments for 89 students with diverse needs. Teachers indicated that the CLAAS provided a comprehensive list of adjustments, was useful for recording adjustments across classroom instruction and assessment, and external tests, and provided guidance about potential adjustments for SWDs or with additional learning needs. The documented adjustments also indicated some considerable gaps between supports provided in classrooms compared with the Australian educational accountability tests. Findings also provided initial evidence for the reliability and validity of use of the CLAAS for its intended purposes. The CLAAS is a promising tool for helping both researchers and teachers systematically document and provide equitable and inclusive adjustments for SWDs and additional learning needs given their needs for classroom learning, assessment and external testing and examination requirements.     

Counting and accounting for social justice in the devolved school: How do indigenous students fare?

Abstract

How does a self‐managing school meet the needs and aspirations of the most disenfranchised members of its community? What responsibilities should reside with the state and the education system in the quest for more equitable schooling outcomes? In the neo‐liberal state, responsibility for addressing educational disadvantage has largely been devolved to schools within centrally determined curriculum frameworks and accountability mechanisms. But there are disturbing signs that these new arrangements are not working in the interests of the most marginalised students and their families. This article explores the nexus between school‐based management and educational equality with particular reference to Indigenous students in a disadvantaged Australian school community. It reaffirms the need for well‐resourced and vibrant education bureaucracies as an integral component of a responsible approach to school‐based management.     

‘Asking for the moon’? a critical assessment of Australian disability discrimination laws in promoting inclusion for students with disabilities

The aim of this paper is to critique the dichotomy between the legal regulation of disability discrimination in Australia, particularly in the State of New South Wales, and inclusion policy as espoused by public education authorities. It is argued that the law and inclusion policy are aiming at different outcomes. As a result, through legal regulation, New South Wales undermines the human rights of individuals with disabilities by restricting their access to ‘mainstream’ education. Extracts from a variety of sources are used to enable the voices of students, parents, carers, advocates, teachers and members of the judiciary to be heard, a novel approach in a paper which is essentially concerned with the law. The paper begins with a consideration of the context in which disability discrimination in education laws operate, and the distinctions between policies and practice in that context. The paper then asks to what extent disability discrimination law is capable of expressing inclusive ideals. Finally, the paper suggests means by which international law norms could be incorporated into New South Wales law and policy, so as to achieve effective human rights protection. The paper concludes with Carla's story, which serves to demonstrate that inclusive ideals have not yet been appropriately incorporated into law or practice in New South Wales.     

Going Global: The implications for students with a disability

Equitable educational access is a hallmark of truly international universities, and higher education institutions operating in an international context have a responsibility to incorporate the principles of equity and justice espoused under international conventions. This paper considers the implications of internationalisation for students with a disability, it focuses on study abroad, exchange and international students travelling to Australia, and Australian students travelling to universities outside Australia. The paper considers the curriculum implications of the internationalisation of education for students with a disability and utilises Murray-Seegert's (1993) ecological theory of diversity to explore the ways cultural factors affect opportunities for inclusion of students with a disability in the higher education sector. The authors also examine the effect of the advance in information technology, the implications for inclusive curriculum, and the complexities inherent in cross-cultural expectations on students with a disability.     

The devil is in the details: issues of exclusion in an inclusive educational environment

In response to federal legislation and societal views that seek to provide free and appropriate education for each child. Public schools are now opening their doors to a wide variety of learners. General-education teachers are challenged to make their classrooms more inclusive. This year-long-ethnographic study explores the experiences of 20 non-deaf and two deaf fifth-grade students, a general-education and a Resource Room teacher, and support personnel. Results highlight explicit messages of equality and inclusion that belied behaviours which marginalised and excluded the deaf students. Suggestions are made for those committed to providing all students with a fair and equitable educational experience.     

ADHD: The Untold Truths of the ADEP (Australian Deficit in Educational Policy)

Attention Deficit Hyperactivity Disorder (ADHD) is a disorder that predominantly results in behaviours associated with hyperactivity, impulsivity and inattention that are frequently not conducive to successful learning and academic performance. Children who display these behaviours often require extra assistance, adjustments, and accommodations in the classroom in order to achieve their full potential. This article reviews Australian and New South Wales Discrimination, Disability and Education legislation, policy and procedures with respect to the education of students with ADHD. This review illustrates the need to standardise the definition of disability used throughout Australia, and to more firmly clarify an education provider’s responsibilities toward students with disabilities. With more clarity, students with ADHD will be provided with the additional educational and behaviour support they need in order to realise their full potential.     

A special teacher for a special child? (Re)considering the role of the special education teacher within the context of an inclusive education reform agenda

Notwithstanding the recent signing and ratification by Cyprus of another International Convention on the rights of students designated as having special educational needs and/or disabilities to attend mainstream schools on an equal basis with their peers, local policy and practice promote an ‘exclusionary inclusion’ that draws a discernible line between general and special education. This paper concentrates on exploring the role of special education teachers in Cyprus in the light of policy concerns about providing the ‘least restrictive’ learning environment for this group of students and enabling them ‘to reach their full potential’. It is suggested that the role of special education teachers embodies and reflects reductionist forms of inclusion informed by deficit-oriented and assimilationist special education perspectives, while there is also evidence of a lack of professionalism and accountability. The paper draws on head teachers’ and special education teachers’ interviews in order to portray the ways in which they view and experience the role of special education teachers in mainstream schools in Cyprus. New objectives and future directions are identified and discussed.     

Institutionelle Dimensionen inklusiver Schulbildung – Herausforderungen der UN-Behindertenrechtskonvention für Deutschland,Island und Schweden im Vergleich

The human rights-based orientation embedded in the UN Convention on the Rights of Persons with Disabilities, which mandates inclusive education for all students and counts segregation as discrimination, poses fundamental challenges to institutionalized (special) education systems. However, it does so to different extents, with the Nordic countries having the most inclusive systems worldwide. This analysis contrasts the challenges and opportunities regarding the institutional transformation of special education and inclusive education in Germany, Iceland and Sweden. We address the questions: How do these countries provide educational supports for students considered to have special educational needs? What perspectives can be derived for the implementation of inclusive education, especially for Germany, which is still among the most segregated systems in Europe, from such comparative analysis? The study reveals key differences in three institutional dimensions that hinder or enable inclusive education ? educational ideals and disability paradigms, organizational forms, and regulations.     

Educational equity: A democratic principle at a crossroads

This is an examination of the criteria for determining if equitable education occurs through desegregation and the effects of other educational programs on these criteria—access, participation, and outcomes. Equity in access may not provide equity in either participation or outcome. Other federal educational policies may interfere with the achievement of equitable education by all three criteria.     

Changing the Subject: Neoliberalism and Accountability in Public Education

This article examines the relation between the rise of neoliberalism and accountability in education. I argue that the contemporary accountability system of high-stakes standardized tests and privatized school choice is a manifestation of the neoliberal project of cultural reconstruction and moral reform. This study situates neoliberalism in the context of the accountability movement that emerged in the United States around 1970, and examines the implications of the philosophy, culture, and ethos of neoliberalism for educational thought and practice. I argue that resisting neoliberal forms of accountability is crucial, not only to defending the right of students to a genuine and equitable public education, but to refusing the extension of market values and culture to education. I conclude that neoliberal accountability fails to engender the cultural ideals it professes to value, and that this failure makes it possible to challenge the self-evident nature of neoliberal discourse and practices.     

Standards-based accountability: reification,responsibility and the ethical subject

Over the last two decades, teachers in Australia have witnessed multiple incarnations of the idea of ‘educational accountability’ and its enactment. Research into this phenomenon of educational policy and practice has revealed various layers of the concept, particularly its professional, bureaucratic, political and cultural dimensions that are central to the restructuring of educational governance and the reorganization of teachers’ work. Today, accountability constitutes a core concept of neoliberal policy-making in education, both fashioning and normalizing what counts as teacher professionalism in the ‘audit society.’ This article focuses specifically on the recent introduction by the Australian Federal Government of standardised literacy testing in all states across Australia, and raises questions about the impact of this reform on the work practices of English literacy teachers in primary and secondary schools. We draw on data collected as part of a major research project funded by the Australian Research Council, involving interviews with teachers about their experiences of implementing standardised testing. The article traces the ways in which teachers’ work is increasingly being mediated by standardised literacy testing to show how these teachers grapple with the tensions between state-wide mandates and a sense of their professional responsibility for their students.     

Assessment of Disabled Students in Higher Education: Current public policy issues

Although there are over 68,000 disabled students in higher education programmes in the UK, a laissez-faire policy has been adapted regarding the provision of assessment services for these students, with a result that there have been no statutory duties for these programmes not to discriminate against them. With the introduction of the Special Educational Needs and Disability Act (2001) amending Part IV of the Disability Discrimination Act (1995), it would be timely to consider assessment related issues and benefits from the experiences of the US higher education programmes and educational testing agencies in this area since the mid-1970s. This paper argues that it is the academic achievement of disabled students that should be measured by the assessment services, not their disabilities. Without the provision of reasonable assessment adjustments, as the research shows, it is inevitable that disabilities of disabled students would be measured not their academic achievements, contrary to the main argument put forward by Sharp and Earle (2000) among others. The paper argues for a historical role for the educators and administrators of higher education programmes in eliminating discrimination against disabled students in provision of assessment services at every stage of their studies in the long run.     

Educational Enrolment of Students with a Disability in New South Wales and Victoria

The extent to which legislation and special education policy have impacted on the nature of the educational enrolment of students with a disability in Australia has not been clearly addressed. Although there are no detailed and systematic national data on the enrolment of students with a disability in inclusive settings, special classes and special schools in Australia, some broad trends are apparent. The legislative background to these trends is discussed. As might be expected, there are variations in the nature of the educational enrolment of students with a disability across the states and territories of Australia. Enrolment trends in the two most populous states, New South Wales and Victoria, are examined and discussed within the context of their respective special education policies, disability discrimination legislation, and educational precedent.     

Bureaucratic constructions of sexual diversity: ‘sensitive’, ‘controversial’ and silencing

National research illustrates the high degree of discrimination that prevails against lesbian, gay, bisexual, transgender and queer (LGBTQ) students resulting in diminished educational outcomes, both academic and social. This phenomenon is influenced by the prevalence of whole-school silences around LGBTQ topics in many Australian schools. This paper presents an analysis of the New South Wales (NSW) homophobia in schools policy, as well as both NSW state and Australian federal curriculum and syllabus documents in the health and physical education key learning area. This analysis illustrates how contradictory framing and messages; silences and omission; and various discursive constructions of the LGBTQ subject together produce silencing technologies that have critical implications for the implementation of education, both in this key learning area and across the schooling sector.     

The growth of high‐stakes testing in the USA: accountability,markets and the decline in educational equality

Over the last decade education in the United States has undergone perhaps its most significant transformation. Where in the past public schools have been primarily under the control of the local community, control has shifted to the state and federal levels. Furthermore, state and federal governments have introduced standardized testing and accountability as a means to hold teachers and students responsible. These reforms have been successfully introduced because reform proponents have provided three principal rationales for the reforms: they are necessary within an increasingly globalized economy, they will reduce educational inequality and they will increase assessment objectivity. After describing the reforms implemented in New York and Texas and by the federal government through the ‘No Child Left Behind’ Act, the author discusses a range of evidence that the reforms have not achieved their ostensible goals and that resistance to the reforms is beginning to emerge from US educators and citizens.     

Large-scale academic achievement testing of deaf and hard-of-hearing students: past, present, and future

The first large-scale, nationwide academic achievement testing program using Stanford Achievement Test (Stanford) for deaf and hard-of-hearing children in the United States started in 1969. Over the past three decades, the Stanford has served as a benchmark in the field of deaf education for assessing student academic achievement. However, the validity and reliability of using the Stanford for this special student population still require extensive scrutiny. Recent shifts in educational policy environment, which require that schools enable all children to achieve proficiency through accountability testing, warrants a close examination of the adequacy and relevance of the current large-scale testing of deaf and hard-of-hearing students. This study has three objectives: (a) it will summarize the historical data over the last three decades to indicate trends in academic achievement for this special population, (b) it will analyze the current federal laws and regulations related to educational testing and special education, thereby identifying gaps between policy and practice in the field, especially identifying the limitations of current testing programs in assessing what deaf and hard-of-hearing students know, and (c) it will offer some insights and suggestions for future testing programs for deaf and hard-of-hearing students.     

Educational Programs for Elementary Students with Learning Disabilities: Can They Be Both Effective and Inclusive?

One of the most controversial issues in special education over the last 40 years has been the extent to which students with learning disabilities (LD) should be educated in general education classrooms. Recent mandates in federal law requiring that all students with disabilities have access to the general education curriculum and make adequate yearly progress relative to this content have intensified this debate. In this article, a brief summary of research regarding the nature of instruction that produces significantly improved educational outcomes for students with LD is provided. This is followed by a review of research related to the delivery of this high‐quality instruction in inclusive, general education classrooms and in resource settings. We conclude that this research provides the foundation for reconsidering full inclusion and how services are delivered for elementary students with LD.     

Access and participation in higher education of students with disabilities: access to what?

In 1991, the Australian Government designated students with disabilities as one of the six equity groups that were under-represented in higher education. Since that time, there has been only a modest increase in enrolments of students with disabilities despite government polices and funding of disability support services and programs. People with disabilities comprise 20% of Australia’s population but only account for 4% of university enrolments. Despite the existence of the Australian Disability Discrimination Act (DDA) (1992) and the introduction of the Disability Standards for Education in 2005, negative attitudes about students with disabilities by university lecturers continue to exist. Research into the knowledge, attitudes and experiences of staff, especially in practice-based courses such as nurse education, reveals that university staff, practicum supervisors and even some disability staff, are unaware of their responsibilities under the legislation and that teaching staff continue to hold negative attitudes towards students with disabilities. This article reports on research that investigated the barriers facing such students in nursing courses, in particular in clinical placements. It shows that a lack of understanding of legislative and institutional requirements underlies negative attitudes about students with disabilities, especially in practicum-based courses.