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Dear List Members I attended the Sexuality, Disability and Culture conference in San Francisco on March 17 and 18 which was absolutely marvellous. Barbara Waxman-Fiduccia exhorted us to take our concerns into the courts. She has therefore inspired me to post this to the list, a record of one instance in the first wave of Australian court actions, in the hope that it will garner international momentum and promote internationalism within the disability rights movement. For those in Sydney who can attend, please do so! Apologies for the cross-posting. Lisa Sampson On 11th April, Scarlett Finney and her parents appear in the Federal Court to defend the rights of people with disabilities to mainstream education. SUPPORT INTEGRATED EDUCATION FOR CHILDREN WITH DISABILITIES APRIL 11th 12.30-2.15 PM FEDERAL COURT, QUEENS SQUARE (MACQUARIE St. and KINGS St. CITY) * Give students with disabilities a "fair go"! * Excluding students with disabilities from mainstream education denies them a fair future and denies the community a vital and valuable resource! We demand equality of citizenship! We demand equality of educational opportunity! We demand universal design in buildings, transport, goods, services, communication, and infrastructure! The rally to defend the right to integrated education is supported by: Physical Disability Council of NSW Action for Community Living Action for the McRae Report Australian Psychiatric Disability Coalition Australian Quadriplegic Association Brain Injury Association of NSW Carers NSW Disability Council of NSW Disability Discrimination Legal Centre (NSW) Disability Resources Centre, Victoria Family Advocacy I.D.E.A.S. Intellectual Disability Rights Service Mental Health Co-Ordinating Council Multi-Cultural Disability Advocacy Association of NSW Muscular Dystrophy Association of NSW National Council on Intellectual Disability NCOSS - Council of Social Service NSW NSW Association for Mental Health Northcott Society NSW Council of Intellectual Disability Paraplegic and Quadriplegic Association NSW People with Disabilities (NSW) Physical Disability Council of Australia Post-Polio Network NSW St. George Association for People with Physical Disabilities Technical Aid to the Disabled The Independent Living Centre NSW The Spastic Centre of NSW Wagga Wagga Community Options Please phone 1800 688 831 to find out how you can support our campaign for action and visit the Web site www.pdcnsw.org.au/scarlett.htm for updates and further information. Disability Discrimination Schools: The Scarlett Finney Case BRIEFING PAPER In 1997 Scarlett Finney, a young girl with spina bifida, was refused enrolment at the Hills Grammar School on the basis of her disability. Her parents fought her rejection through the Human Rights and Equal Opportunity Commission (HREOC). The case became the first to test the defence of 'unjustifiable hardship' contained in the Disability Discrimination Act 1992 (Cth) in relation to disability discrimination in education. The School argued that, if admitted, Scarlett would require additional services and facilities which would impose an 'unjustifiable hardship' on the School. The Finney's, through the Public Interest Advocacy Centre (PIAC), argued that the school had grossly exaggerated the costs of admitting Scarlett, and that the financial costs were outweighed by the benefits of admission. In his decision, Commissioner Innes found that the modifications to the school required in order to accommodate Scarlett would have been minimal and that the School's decision was based on general or stereotypical assumptions rather than on Scarlett's particular needs. He also drew attention to the Government assistance available to private schools in accommodating the needs of If other, specify..... with disabilities. The Commissioner concluded that there would have been no unjustifiable hardship to the school in accepting Scarlett's application for enrolment and that the direct discrimination which occurred in refusing the application was unlawful. The decision emphasised the benefits of integration to the school and the community as a whole. These benefits include: * students with disabilities having the opportunity to learn from, and socialise with, a wide variety of people based on their personalities, interests and aspirations rather than on their disability; * students without disabilities learning about difference, tolerance and problem-solving; and communities having their "quality of life ... improved by the inclusion of all persons in that community". The decision confirms the importance of these factors in any consideration of the defence of unjustifiable hardship, providing a strong precedent which will benefit all students with disabilities. This decision has increased community awareness about disability discrimination in schools, as well as reconsideration by many schools of their obligations in relation to students with disabilities. Claims that every school in the State will have to meet every child's needs as a result of the case gloss over the reality that the law itself states that where it would impose unjustifiable hardship to accommodate a person with a disability, discrimination will not be unlawful. The Hills Grammar School has appealed HREOC's decision, and the matter is set down for hearing in the Federal Court for 11 and 12 April 2000. The Decision Will either: * Uphold the rights of children with disabilities to be fairly assessed for a school of their choice as an individual with specific needs rather than on untested assumptions and on perceptions of hardship to the school. * Determine the future prospects for children integrated into mainstream schools ie fully developing their skills, learning from other children, being accepted into the community. * Enable children without disabilities to grow up with kids who have disabilities and hence learn the values of acceptance, tolerance and problem solving. OR the Decision Will: * Act as a deterrent to families who have a child with support needs considering enrollment into their preferred school, or challenging the school's decision. * Contribute to the dilution of the principles of the 1992 Disability Discrimination Act * Encourage a range of private institutions to use the courts to fight the justifiable costs of making their services more inclusive. The Physical Disability Council of NSW calls on all people who advocate equality of citizenship to support the Finney's because: * Scarlett Finney deserves a "fair go" * the Finney case is a landmark case. If a student with as low support needs as Scarlett Finney is excluded from a school of her choice, then almost every student with a disability could be excluded * the overturning of HREOC's decision would be a body blow to the right of equality of opportunity for people with disabilities * the future prospects of people with disabilities in all areas of life is based on a foundation of a good education which can only come from the school level. Prepared by Physical Disability Council of NSW Phone: 9552 1606 Authorised by Jack Frisch %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%