21 July 1999
Commission finds school discriminated against student
The Human Rights and Equal Opportunity Commission has found that the Hills Grammar School ("the School") discriminated against Bernadette and Scott Finney by refusing to accept their daughter's application for enrolment in Kindergarten. Their daughter Scarlett is a seven year old who was born with Spina Bifida. The discrimination was found to be a breach of the Disability Discrimination Act (DDA).
The School's argument that the special facilities and services it would be required to provide by enrolling Scarlett amounted to "unjustifiable hardship" was rejected by the Commissioner Graeme Innes.
Commissioner Innes has deferred making any further orders in the matter until 17 August 1999 to give the parties an opportunity to meet and discuss the most appropriate resolution.
Background to the complaint
Scarlett's parents lodged an application form with the School in February 1997. Following several phone conversations, a tour of the School, interview at the School, and written correspondence providing further information about Scarlett's disability, Mr and Mrs Finney were informed in August 1997 by the School that their application had not been successful. Mrs Finney told the hearing she was advised the School did not have the facilities to accommodate Scarlett's disability and in particular, the School could not provide a teacher's aide.
In evidence before the Commission, the Finneys stated a full assessment of Scarlett's needs and of the services and facilities at the School by a team of experts was required. They alleged the investigation conducted by the School was inadequate and reflected an attitude of the School not to seriously consider her application for enrolment.
The School maintained it did not have the capacity to provide Scarlett with an education because of her disability. The School's principal also stated the level of the current funding would not be sufficient in order to appropriately accommodate Scarlett's needs.
The findings
In making his findings Commissioner Innes stated the person most equipped to find solutions to the day-to-day problems facing a person with a disability is the person themselves, and in Scarlett's case, her parents. He stated, "the greatest barriers which people with a disability face in our community are the negative assumptions made about them by other members of the community."
Commissioner Innes found an adequate assessment of the services and facilities required to accommodate Scarlett at the School was not carried out. He accepted the Finney's view that the School's decision was based on negative or stereotypical assumptions, rather than Scarlett's needs in particular.
The Commissioner's decision supported the Finney's evidence about a number of the adjustments required at the School to accommodate Scarlett. They included:
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the teachers at the School were willing to accept the additional responsibility of teaching and supervising a student such as Scarlett
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only minimal additional training was required for the teachers at the School to teach and supervise Scarlett
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most of the changes to the School required to improve its accessability to Scarlett were not major changes
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there was insufficient evidence that Scarlett has any learning disability or any need for assistance in this regard
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it would not be necessary for the School to employ a full time integration aide to look after Scarlett's special needs.
Commissioner Innes stated, "I am satisfied when all my finding of fact are weighed up, it would not have been unjustifiable for the School to have enrolled Scarlett as a student in Kindergarten in 1998."
For a full copy of the decision and further information please contact: Erin Broderick on (02) 9284 9880 or 0419 258 597.
Last updated 2 December 2001.
