Document ID: chunk:federal_register_of_legislation:F2005L00767:body:0:p12
Version: federal_register_of_legislation:F2005L00767
Segment Type: other
Provision Reference: 
Character Range: 28853–31702

reasonable expectation that students with disabilities may undertake the course or program.

Rights given by this Part

The effect of the following standards is to give students with disabilities the right to participate in educational courses or programs that are designed to develop their skills, knowledge and understanding, including relevant supplementary programs, on the same basis as students without disabilities.

6.2 Standards for curriculum development and accreditation and delivery

 (1) The education provider must take reasonable steps to ensure that the course or program is designed in such a way that the student is, or any student with a disability is, able to participate in the learning experiences (including the assessment and certification requirements) of the course or program, and any relevant supplementary course or program, on the same basis as a student without a disability, and without experiencing discrimination.

 (2) If a student is enrolled in the course or program, the provider must:
 (a) consult the student, or an associate of the student, about whether the disability affects the student's ability to participate in learning experiences of the course or program, or any relevant supplementary course or program; and
 (b) in the light of that consultation, decide whether an adjustment is necessary to ensure that the student is able to participate in those learning experiences on the same basis as a student without a disability who is enrolled in the course or program; and
 (c) if:
 (i) an adjustment is necessary to achieve the aim mentioned in paragraph (b); and
 (ii) a reasonable adjustment can be identified in relation to that aim;
  make a reasonable adjustment for the student in accordance with Part 3.

 (3) The provider must repeat the process set out in subsection (2) as necessary to allow for the changing needs of the student over time.

 (4) For this section, in relation to a student enrolled in a course or program, the provider has taken reasonable steps to comply with subsection (1) if the provider has complied with subsections (2) and (3).

Note   See Part 10 for exceptions to the legal obligations set out in the standards. These include a provision that it is not unlawful for a provider to fail to comply with a standard if, and to the extent that, compliance would impose unjustifiable hardship on the provider (section 10.2).

6.3 Measures for compliance with standards

  Measures that the education provider may implement to enable the student to participate in the learning experiences (including the assessment and certification requirements) of the course or program, and any relevant supplementary course or program, on the same basis as a student without a disability, include measures ensuring that:
 (a) the curriculum, teaching materials, and the assessment and