Negligence and Special Needs Education: The Case for Recognising a Duty to Provide Special Education Services in Australian Schools

T Walsh, 'Negligence and Special Needs Education: The Case for Recognising a Duty to Provide Special Education Services in Australian Schools' (2015) 18(1) Education Law Journal 32-50

Posted: 5 Nov 2015

Date Written: April 4, 2015

Abstract

All Australian children are required by law to attend school, including children with disabilities and other special needs. However, there is no legal duty imposed upon governments to provide children with special needs with appropriate educational support. In most Australian states and territories, there is no avenue for redress if children with special needs are not provided with the educational services they require. This sets Australia apart from other jurisdictions, such as the United Kingdom and the United States, where mechanisms are available through which aggrieved students and parents can seek a remedy. This article examines whether Australian education departments could be held liable in negligence for failing to provide special education services to children who need them.

JEL Classification: K00

Suggested Citation

Walsh, Tamara, Negligence and Special Needs Education: The Case for Recognising a Duty to Provide Special Education Services in Australian Schools (April 4, 2015). T Walsh, 'Negligence and Special Needs Education: The Case for Recognising a Duty to Provide Special Education Services in Australian Schools' (2015) 18(1) Education Law Journal 32-50, Available at SSRN: https://ssrn.com/abstract=2686026

Tamara Walsh (Contact Author)

University of Queensland ( email )

St Lucia
Brisbane, Queensland 4072
Australia

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