Children living with disability have the right to access and participate in education on the same basis as children without disability. This includes reasonable adjustments being made where required.
From 1 August 2026 the Disability Standards for Education (DSE) now applies to approved early childhood education and care (ECEC) services which:
- administer Child Care Subsidy (CCS), or
- are legally required to deliver an education program based on an approved learning framework
Approved providers must comply with the DSE from the time a family seeks to enrol their child in a service. Once enrolled, the DSE will also apply throughout the child’s participation at the service.
Under the DSE, children with disability have the right to access and participate in education services on the same basis as children without disability, receive reasonable adjustments, and be protected from mistreatment.
Disability discrimination and the National Quality Framework (NQF)
The NQF promotes equity, inclusion and diversity across services with children’s rights, best interests and safety the paramount considerations when making decisions about the operation of the service. It refers to each, every, and all children, recognises children as capable and competent learners, and supports equitable access and participation.
What is disability discrimination in education and care?
Discrimination does not need to be intentional to be unlawful.
Disability discrimination occurs when a person with disability is treated less favourably than a person without a disability in the same or a similar situation or is unable to access and participate on the same basis as people without disability.
Discrimination under the Disability Discrimination Act 1992 includes direct discrimination, including failure to make reasonable adjustments and indirect discrimination.
Direct discrimination
Direct discrimination occurs when a person with disability is treated less favourably than a person without the disability would be treated in the same or similar circumstances.
Examples in early childhood education and care include refusing a child’s enrolment due to disability, excluding a child from excursions, or limiting a child’s participation in learning experiences.
Indirect discrimination
Indirect discrimination occurs when a rule or policy applies to everyone but disadvantages a person with disability because of their disability. Examples in early childhood education and care include requiring children to be independently toilet trained before enrolling, which may disadvantage a child with disability, including those with developmental delay.
Reasonable adjustments
Reasonable adjustments are changes that enable a child with disability to access, participate and use facilities or services on the same basis as children without disability, and balance the interests of all parties affected.
To learn more about what the expanded DSE means for ECEC approved providers, visit Disability rights and obligations.
Further information:
- ACECQA’s disability, rights and obligations induction package
- ACECQA’s disability rights and obligations team meeting package
- the Disability Discrimination Act 1992 (DDA)
- the Disability Standards for Education 2005 (DSE)
- the Education and Care Services National Law (the National Law)
- the UN Convention on the Rights of the Child
Updated