Where a secondary student has a disability, health-related condition and/or special education need that require a special school programme, an appropriate education institution is one that can meet the student’s special needs by providing access to the required special programme, facilities and/or environment.
The specific circumstances under which a student can be regarded as having a special need are:
For the purposes of this chapter, a disability or health-related condition is defined as:
- a physical or intellectual disability; or
- a psychological, emotional or behavioural problem; or
- a medical condition; or
- pregnancy.
A special education institution is an institution located in Australia that is:
- conducted specifically and primarily for students with disabilities, health-related conditions and/or learning difficulties; and
- a government school, or a non-government school that is recognised as a school under the law of the State or Territory in which that school is located.
Away from Home entitlements may be approved for a student who is required to attend a special education institution as a result of a disability or health-related condition, even where the student has reasonable access to this institution from the student’s permanent home.
A student may be regarded as having a special need if they need access to special facilities that help manage or overcome a disability or health-related condition. Special facilities include:
- a special centre that caters for the child’s condition and which they must attend in conjunction with their time at school; or
- special educational or physical facilities within a normal schools (e.g. visiting specialist teachers, wheelchair access/ramps).
A student may be regarded as having a special need if, as a result of accessing required medical treatment, the student’s schooling is disrupted for an amount equivalent to at least 20 school days a year, not necessarily consecutive. Away from Home entitlements can be approved to allow the student to board near the treatment centre.
A student may be regarded as having a special need in the following circumstances:
- if the student were to live at the permanent home during the school terms, the local climate or other circumstance would be likely to cause the student severe illness resulting in a total of at least four weeks absence during the school year; and
- it is essential for the student to attend school in another area; and
- in the area chosen for the student to attend school, the effects described above would be less likely to arise.