Australian Human Rights Commission Submission to the Committee on the Rights of Persons with Disabilities – 25 July 2019 Recommendation 47: The Australian Government expand the Nationally Consistent Collection of Data on School Students with Disability to collect data on: a. the numbers of students with disability who do not qualify for an adjustment b. the number of students who are unable to enrol in their local mainstream schools c. educational attainment and completion rates d. the rates of suspension and expulsion e. the use of restrictive practices. (b) Measure taken to implement Article 24 (LO1 25) 93. The Commission has identified the following key factors that are impeding progress to achieving an inclusive education system in Australia. a. Registration and gatekeeping: schools continue to turn away local students because of their disability by discouraging enrolment or not allowing them to attend fulltime.87 b. Growth of segregated learning: the last decade has seen a proportionate increase in the use of segregated settings to educate students with disability (special education units/classes and special schools).88 Research published in 2019 shows that this increase in segregation has disproportionately affected autistic students. Between 2009 and 2015, the inclusion of autistic students in mainstream classes decreased from 18.8% to 3.3%.89 c. Persistence in the use of restrictive practices: multiple government committees, have recommended that the government work with states and territories to end the use of restrictive practices in schools.90 However, a 2017 survey of students with disability found that 19% of respondents had experienced restraint at school and 21% had experienced seclusion.91 d. Lack of support, training and resources for principals and teachers.92 e. Inconsistent and inadequate provision of reasonable adjustments.93 94. The Commission welcomes the Australian Government’s acknowledgment that there is considerable work needed to ensure that students with disability achieve optimal educational outcomes.94 It encourages the Australian Government to implement the recommendations made by the Senate Education and Employment References Committee in the Access to real learning: the impact of policy, funding and culture on students with disability report (2016). 28