IN this article we argue that, despite the complex arrangement of laws and policies for education in Australia, there is no legal mandate to ensure that inclusive education occurs. Although the legislative framework for inclusion appears deficient compared with other western countries, there are avenues for persons with a disability to seek redress. The legislative structure for education in Australia is presented from a constitutional basis. The duties, rights and responsibilities of teachers, specifically when including children with disabilities in their regular classrooms, are examined from a legal perspective. Finally, recent cases which have challenged regular class placements for children with disabilities are reviewed.

No abstract

This paper presents a discussion of legislative frameworks that mandate schools to define their own educational processes and systems. The political and constitutional implications are discussed for Australia compared with the existing structures in the United Kingdom and the United States. As decentralisation varies considerably in Australia between states and territories, the State of Western Australia is selected as an example. Specifically an analysis of the approach adopted by Western Australia is evaluated for the need for effecting equality of regular and special education. It is argued that new education laws are essential to promote equity in restructured systems.