(Cth) Make it Unlawful to Suspend or Exclude Students for Disability Related Behaviours

Alex Do
Aug 28
8 min read

Author: Alex Do | Publish date: 28/08/2025

Problem Identification:

In Australia, a student with disability can legally be suspended or excluded if behaviours linked to their disability are considered negative or disobedient.

Section 22(2) of the Disability Discrimination Act 1992 (Cth) states that ‘It is unlawful for an educational authority to discriminate against a student on the ground of the student’s disability… (b) by expelling the student’. However, suspension and exclusion are not included.

This means that students with disability can still be suspended and excluded due to their disability. The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (DRC) highlighted that students with disability are disproportionately suspended from schools because their behaviour is often interpreted as disobedient, leading to a higher rate of removal from school settings.

Context:

Exclusionary discipline refers to ‘the exclusion of a student from a classroom, extracurricular activities or a school in response to what is perceived as negative or disobedient behaviour.’ It is known to include both formal measures like suspensions and expulsions, and informal ones such as ‘take homes’ and enrolment cancellations.

Children and Young People with Disability Australia (CYDA) has stated that this can also look like exclusion from school camps, excursions and sports events. Other known examples of this have included ‘separating the student from other students in the same classroom, or putting them in a room by themselves’ or being ‘taken to the library at break times and hav[ing] a table away from everyone else.’ Further, a report by CYDA spotlighted a student who said, ‘“all the teachers were mean and got me out of my class a lot”.’ CYDA emphasised that exclusion often occurred where a student’s behaviour was ‘perceived as disruptive’, even if this was part of their disability.

It is known that students with disability are disproportionately affected by school suspensions. The DRC found that students with social or emotional disability are most likely to be suspended. In 2023, researchers Graham et al. highlighted that neurodivergent, Indigenous, and out-of-home care students with disability are at an even higher risk of repeated suspensions. Researchers from The University of Queensland implied that zero-tolerance policies may be a key factor, as they disregard disability-related behaviours and lead to higher suspension rates.

The DRC indicated that inappropriate use of exclusion and suspension can also lead to higher risks of a ‘school to prison pipeline’. Avery-Overduin and Poed suggested that students who are suspended or excluded due to behaviours of concern in the early years of schooling are significantly more likely to enter the juvenile justice system. Further, Graham et al. argued that repeated exclusion from school can limit the student’s learning opportunities and might even reinforce the very behaviours it was intended to punish. A 2020 article by Graham et al. articulated that unsupervised students placed under exclusionary discipline are more likely to be ‘out on the street where they can come into contact with the law for shoplifting, loitering and drug use’.

According to Graham et al., these exclusionary discipline experiences can have ‘a catastrophic impact on the student’s trust in and interactions with school authorities worsening over time.’ Furthermore, DRC highlighted that failure to provide support can ‘significantly affect a student’s school experience’ and that students with disability were being ‘denied opportunities for academic attainment and social development.’ CYDA noted that this can ‘lead to reduced self-esteem and confidence’ and ‘hinder the acquisition of the skills, competencies and social networks the students require for successful transition to adulthood.’ Additionally, Graham et al. have argued that students with disabilities often experience academic and social setbacks, as well as an increase in challenging behaviours, due to a lack of support and reasonable adjustments.

Graham et al. and CYDA have highlighted that improved teacher training techniques may be more effective at managing students with disability behaviours than suspensions. Further, Graham et al. indicated that ‘teachers need to be upskilled to engage in accessible quality first teaching’, for many students who are suspended either have a known disability without sufficient support or an unidentified disability, leading to disciplinary consequences instead of help.

Advice/Legal Change:

The Minister for Education and the Minister for Disability should amend section 22(2)(b) of the Disability Discrimination Act 1992 (Cth) to omit 'expelling' and substitute with 'expelling, suspending or excluding'.

In 2023 and 2024, DRC and Queensland Advocacy for Inclusion (QAI) called for this. QAI has said that this could successfully ensure that ‘students are not unfairly and disproportionately disadvantaged in the realisation of this most fundamental of human rights.’

Precedent:

There is international precedent for preventing inappropriate use of exclusionary discipline against students with disabilities. In the UK, schools are not allowed to use exclusionary discipline against students with disability. They also must take proactive measures to ensure their full participation in all educational activities.

Public Support:

News Coverage:

SBS - “Hannah's son was put in a box at school. She's one of many parents calling out the practice”. The article highlights how Australian schools use ‘restrictive practices’ which disproportionately affect students with disabilities and are being used as a first response rather than a last resort. By: Zacharias Szumer | 28 Oct 2024. Read the article here.
ABC - “Queensland boy with disability suspended from school so often it's affected his ability to learn, mum says”. The article highlights how students with disabilities and First Nations students being disproportionately affected by suspensions were issued in Queensland state schools in 2023. By: Antonia O’flaherty | Thu 30 May 2024. Read the article here.
The Guardian - “Students as young as five with disabilities disproportionately suspended from Australia’s schools”. Students with disabilities with suspensions on the rise and a key concern. By: Sarah Martin | Wed 1 May 2024. Read the article here.
The Guardian - “How the rise of autism and ADHD fractured Australia’s schools”. The article discusses how the increasing number of students with autism and ADHD in Australian schools is creating a crisis, leaving teachers and parents overwhelmed by the lack of resources and support for inclusive education. By: Sarah Martin | Mon 29 Apr 2024. Read the article here.

Where to go to learn more:

People with Disability Australia - Their media release calls for a swift and decisive government response to end segregation and discrimination against people with disability. Read the article here.
Disabled People's Organisations Australia - Their position paper argues that segregation of people with disability is discrimination and should be ended through national strategies for employment, housing and education. Read their full paper here.
Children and Young People with Disability - Their survey report revealed that a significant number of students feel excluded and bullied at school, and many students feel that teachers and staff lack the necessary training to support them. Read their full report here.
The Royal Disability Commission - The final report focused on the barriers to inclusive education, employment, and housing, including the inappropriate use of exclusionary discipline against students with disabilities. Read their full report here.
Queensland Advocacy for Inclusion - The research paper on Queensland state school suspensions from 2016 to 2020 found that students with a disability, particularly those with social-emotional needs, Indigenous students, and students in out-of-home care, are disproportionately suspended, and that the risk of suspension increases when these factors overlap. Read their full paper here.
The Centre for Inclusive Education, Queensland University of Technology - The paper found that while most SA schools are safe, exclusionary discipline like suspensions and expulsions are used too frequently for minor reasons and disproportionately affect at-risk students, particularly those with a disability, Aboriginal students, and students in care. Read their full paper here.

Human Perspective:

Ellis, 15, a bright and creative student, found themself in a confusing and isolating situation at school. Their teachers consistently struggled to understand their neurodivergence, often misinterpreting their unique communication style and need for routine as deliberate defiance. When their behaviour, which was a direct result of their disability, led to a series of suspensions, Ellis felt powerless. The school's disciplinary policies, which were meant to ensure a safe learning environment for everyone, failed to account for their needs. Instead of providing the necessary support and accommodations, they resorted to exclusionary measures, effectively penalising them for a condition they couldn't control. This lack of understanding and consistent misinterpretation of their disability left Ellis feeling unfairly targeted, diminishing their sense of belonging and hindering their ability to learn in an environment that was meant to be inclusive.

To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences, and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.

Conflict of interest/acknowledgment statement:

N/a

Support

If your organisation would like to add your support to this paper or suggest amendments, please email Info@foreaustralia.com.

Reference list:

Avery-Overduin, B. L., & Poed, S. (2023). Breaking the culture of school suspension: alternatives to external suspension and exclusion for P-6 students. Emotional and Behavioural Difficulties, 28(4), 1–14. https://doi.org/10.1080/13632752.2023.2276023

Citizens Advice. (2023). Disability discrimination in schools. https://www.citizensadvice.org.uk/family/education/disability-discrimination-in-schools/

Dickinson, H., Smith, C., Yates, S., & Faulkner, A. (2023). Melbourne Graduate School of Education CYDA School Education Survey 2022. How deep does it go? Report prepared for CYDA. https://cyda.org.au/wp-content/uploads/2023/08/SW_CYDA_Family_Survey_May23_FINAL.pdf

Disability Discrimination Act 1992 (Cth). https://www.legislation.gov.au/C2004A04426/latest/text

Disabled People's Organisations Australia. (2020). Position Paper: Segregation Of People With Disability Is Discrimination And Must End. https://dpoa.org.au/wp-content/uploads/2020/11/Segregation-of-People-with-Disability_Position-Paper.pdf

Graham, L. J., Killingly, C., Alexander, M., & Wiggans, S. (2023). Suspensions in QLD state schools, 2016–2020: overrepresentation, intersectionality and disproportionate risk. Australian Educational Researcher, 51, 1527–1558. https://doi.org/10.1007/s13384-023-00652-6

Graham, L., McCarthy, T., Killingly, C., Tancredi, H., & Poed, S. (2020). Inquiry into Suspension, Exclusion and Expulsion Processes in South Australian Government Schools. Report prepared for The Centre for Inclusive Education, QUT. https://www.education.sa.gov.au/docs/support-and-inclusion/engagement-and-wellbeing/student-absences/report-of-an-independent-inquiry-into-suspensions-exclusions-and-expulsions-in-south-australian-government-schools.pdf

Kavanagh, D. (2025, June 16). CYDA’s submission on proposed South Australian reforms to implement Royal Commission recommendations. CYDA. https://cyda.org.au/cydas-submission-on-proposed-south-australian-reforms-to-implement-royal-commission-recommendations/

Liberogiannis, P., & Irvine-So, C. (2024, May 9). Schools and discipline: latest case finds that suspensions might be a breach of human rights. Moores. https://www.moores.com.au/schools-and-discipline-latest-case-finds-that-suspensions-might-be-a-breach-of-human-rights/

Martin, S. (2024, April 29). How the rise of autism and ADHD fractured Australia’s schools. The Guardian. https://www.theguardian.com/australia-news/2024/apr/29/how-the-rise-of-autism-and-adhd-fractured-australias-schools

Martin, S. (2024, May 1). Students as young as five with disabilities disproportionately suspended from Australia’s schools. The Guardian. https://www.theguardian.com/australia-news/2024/may/01/australia-schools-students-with-disabilities-disproportionately-suspended

O'Flaherty, A. (2024, May 30). Jess’s son has been suspended more than 10 times but still doesn’t understand why he can’t be at school. ABC News. https://www.abc.net.au/news/2024-05-30/suspensions-school-students-queensland-government-teacher/103906296

People with Disability Australia. (2023, September 14). PWDA Calls for a Radical Response to End Segregation and Discrimination. [Media release]. https://pwd.org.au/pwda-calls-for-a-radical-response-to-end-segregation-and-discrimination/

Queensland Advocacy for Inclusion. (2024, June). QAI’s solutions to the overuse of school disciplinary absences in Queensland state schools. Prepared for the Queensland Department of Education. https://qai.org.au/wp-content/uploads/2024/11/QAI-solutions-for-overuse-of-SDAs-on-students-with-disability-to-DoE-June-2024.pdf

Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. (2023, September 29). Final Report - Volume 7, Inclusive education, employment and housing. https://disability.royalcommission.gov.au/publications/final-report-volume-7-inclusive-education-employment-and-housing

Rudolph, S., Isbester, S., Payne, A. L., & Delany, T. (2024). Understanding school discipline and exclusion in Australia: key issues. The Australian Educational Researcher, 52. https://doi.org/10.1007/s13384-024-00773-6

Smith, C., Dickinson, H., & Faulkner, A. (2023). “I think the teachers need more help” Voices of experience from students with disability in Australia: CYDA Youth Education Survey 2022. Report prepared for CYDA. https://cyda.org.au/wp-content/uploads/2023/08/SW_CYDA_Youth_Survey_May23_P5.pdf

Szumer, Z. (2024, October 28). Hannah’s son was put in a box at school. She’s one of many parents calling out the practice. SBS News. https://www.sbs.com.au/news/article/hannahs-son-was-put-in-a-box-at-school-shes-one-of-many-parents-calling-out-the-practice/stc4vks24