Children and students with disability have the right to take part in education on the same basis as children without disability. The Disability Standards for Education 2005 (the Standards) outline the rights of students and children with disability, and the obligations of education providers to support them.
The Australian Government reviewed the Standards after families, carers and early childhood advocates said the rules needed to be clearer. Public consultation on amending the Standards was completed in 2025.
From 1 August 2026, the Standards apply to early childhood education and care services that receive the Child Care Subsidy or are legally required to deliver an education program based on an approved learning framework. This includes centre based care, family day care, in home care and outside school hours care services, including vacation care.
The Standards continue to cover preschools and kindergartens.
The inclusion of early childhood education and care services in the Standards clarifies the existing responsibilities of these services under the Disability Discrimination Act 1992 and helps services understand what they need to do to support children with disability to:
- access and participate on the same basis as children without disability
- receive reasonable adjustments
- be protected from mistreatment.
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