http://www.theaustralian.com.au/news/nation/exclusive-school-admits-discrimination/story-e6frg6nf-1225974674243

[22 December 2010] - An exclusive Perth girls school has been forced to admit it discriminated against an autistic student who was denied a trained aide

The lack of the aide meant the child missed nine months of schooling.

In a case believed to be the first of its kind in Australia, Methodist Ladies College in Perth's wealthy western suburbs has had to apologise to parents Andrew and Mandy Mason after they took the school to the Federal Court and secured a settlement in their favour.  

"This is a great victory to show that the discrimination act works and it protects the most vulnerable in our society, young children who don't have a voice themselves," Mrs Mason said.

"Hopefully it will inspire other parents to look further into what they're entitled to at school." 

Their daughter, who was four at the time but whose identity cannot be revealed due to an order by the court, has severe autism and was unable to attend kindergarten and pre-primary classes for nine months. Eventually the Masons enrolled their daughter at another private school.

The case has dragged on for 2 1/2 years after the Masons initially went to the Human Rights and Equal Opportunities Commission, where they could not reach a satisfactory settlement. It was not until last week that the case was settled in the Federal Court.

With the exception of the school's apology, terms of the settlement remain confidential and it is not known whether the Masons were awarded costs or compensation.

In the letter of apology, MLC principal Rebecca Cody said actions by the school constituted a breach of the Disability Discrimination Act 1992 and the Disability Standards for Education 2005.

Ms Cody said the school accepted that the Masons' daughter "should have been permitted to attend kindergarten and pre-primary classes without interruption accompanied at all times by an educational assistant".

"The council of MLC offers a sincere apology to Mr and Mrs Mason," the letter says.

Yesterday Mr Mason said the school never told them why a trained aide could not be employed but it was not a funding issue because the cost was met by the state government. Kindergarten fees are about $9500 a year, according to MLC's website.

He said MLC initially provided a trained assistant but failed to replace her when her contract was terminated.

Mrs Mason said social interaction was essential for her daughter's therapy and that was taken away by the school for nine months. She said her daughter was thriving at her new school, which had "bent over backwards" to accommodate her special needs. "She's reading and writing and participating. I think it's fair to say she's probably the most popular child in the classroom." 

Further Information: 

• INDIA: School may face action for HIV discrimination [5 January 2011]
• Guide to non-discrimination and the CRC
• Education, training and awareness raising on children and discrimination
• Visit CRIN's website on children and discrimination
• More on child rights in Australia

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Last updated 14/01/2011 03:53:01

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