Disability and Discrimination
Emil Ford Lawyers’ Education Law Notes offer some helpful advice. Here they use two case studies in addressing the question of, “If a school suspends or expels a student with a disability, is it discrimination? As you would expect, it all depends on the circumstances for that suspension.”
“These two cases serve as a reminder to schools that the Disability Discrimination Act states that it is unlawful for a school to discriminate against a student on the grounds of their disability. This includes both prospective as well as current students. When a school does have to exclude a child with a disability, it is not considered discrimination if the reason for the exclusion is not the disability but rather the school’s concerns that it would breach its duty of care to the other students and the teachers if this child was not excluded.”
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