That’ll teach you — student wins payout
REBEKAH Turner, the student who won a landmark discrimination
case against the Education Department, has been awarded more than
$80,000 compensation in a tribunal ruling likely to spark a flood
of claims.
A Victorian Civil and Administrative Tribunal judgement, handed
down by the tribunal’s deputy president Cate McKenzie yesterday,
has already led to calls for a review of government funding for
students with speech and language difficulties.
In addition to compensation, the Education Department was
ordered to provide 16-year-old Rebekah, who has a severe language
disorder and learning disability, with a full-time teacher’s aide,
remedial tuition and an individual learning plan for the rest of
her time at school. The assistance must be in place by February
21.
Rebekah said she was thrilled with the result, adding that
having a classroom aide to take notes for her would allow her to
listen more closely to teachers as she embarks on her VCE.
“Getting the help at school is really important because already
this year work is starting to pile up because I don’t understand
it,” she said. “Having the help in the classroom will be the best
bit as they will be able to help me with what is to be done and
what the teacher has said.”
Rebekah plans to complete her VCE over three years and hopes to
train as a special education teacher.
Last May the tribunal found the Education Department
discriminated against Rebekah, now in year 11 at Ringwood Secondary
College, by failing to provide a teaching aide and other classroom
assistance, which she had applied for since 1999 but never
received. The department appealed against the decision, but it was
dismissed.
Yesterday’s finding was also critical of Ringwood Secondary
College, which the tribunal said continued to discriminate against
Rebekah, even after last May’s judgement.
The department was ordered to pay Rebekah $82,000 in
compensation for failing to provide assistance, which “limited her
participation and access to the curriculum and diminished
her opportunity to obtain successful education outcomes”.
The decision is a blow to the Government, which is battling to
defend its language support program after changes were made to
eligibility criteria in 2005.
The Education Department’s own figures show that thousands of
students with language disorders, who had received individual
funding before 2005, now miss out.
In 2005, 6760 students were funded under language disorder
categories. That number fell dramatically to 208 in 2006 and
increased only marginally to 219 last year. The department
yesterday said it could not say how many students were funded under
language disorder categories this year, as funding now went
directly to schools rather than students.
But while critics concede that the 6760 students who received
funding in 2006 reflected a blow-out, serious concerns about the
severity of the new requirements remain.
Speech Pathology Australia yesterday called for an urgent review
of funding for speech pathology services, with several thousand
Victorian students struggling with speech and language
difficulties.
Shadow education minister Martin Dixon said Rebekah’s case
represented “a systemic failure rather than an individual one”
because not one of the four state schools she attended granted her
the assistance she needed.
“Rebekah is unfortunately one of a number of students let down
by the State Government in Victorian schools over a number of
years,” he said. “But there’s no time for excuses now.”
He said yesterday’s finding would likely spark a rash of
complaints against the department, with the decision likely to be
regarded as a precedent by thousands of families who have a child
with a disability.
Access Law anti-discrimination consultant Julie Phillips, for
Rebekah, said yesterday’s result was bittersweet for her.
“Even upon winning her case at VCAT last May, support from the
department has not been forthcoming However, she is very
excited at the prospect of receiving the help she needs and she
starts her VCE this year absolutely determined to succeed.”
Education Minister Bronwyn Pike yesterday referred comment to
Early Childhood Development Minister Maxine Morand. A spokeswoman
for Ms Morand said she would not comment while the case was subject
to appeal.
The Education Department said it was considering its response to
the decision. Last year the department allocated more than $33
million to support students with language difficulties.
