Disability Inclusion Profile

Appealing a Disability Inclusion Profile outcome

School principals can appeal the outcome of a profile, if it was determined ineligible for tier 3 funding, on the following grounds:

• there were procedural deficiencies in the profile and tier 3 funding process
• there is new and substantial information that was not considered in the profile process.

Note: ‘New and substantial information’ must relate only to matters or topics discussed at the profile meeting, or to additional supporting information that was specifically requested after the profile meeting. Information about supports and/or adjustments put in place after the profile meeting will not constitute grounds for an appeal.

The facilitation style of individual facilitators does not constitute grounds for an appeal. Feedback on a specific facilitator or profile meeting may be provided directly to the facilitator service via email at contact@difs.com.au

Requesting an appeal

To seek an appeal, the principal must be able to substantiate that there was a procedural deficiency or demonstrate that there is new and substantial information that was not considered in finalising the original profile (note the definition of ‘new and substantial information’ above). Schools must contact their regional disability coordinator prior to making an appeal and seek their advice and support. The panel will consider the advice provided by the regional disability coordinator to the school in considering the broader grounds for appeal.

Only one appeal can be submitted per profile outcome.

An appeal must be lodged within 15 school days of receipt of the profile report and school resource notification. Appeals must be submitted to contact@difs.com.au.

Schools are required to discuss their concerns about the profile outcome and/or process with their regional disability coordinator prior to placing an appeal.

If, following the discussion with the regional disability coordinator, the school still wishes to lodge an appeal, they must first discuss the matter with the student’s student support group (SSG). Documentation of the SSG’s consensus to appeal the profile outcome must accompany the appeal.

Schools must copy (cc) the regional disability coordinator when the appeal is submitted.

The appeal must contain a cover letter from the school principal clearly stating that it is an appeal and the grounds for appeal. This must include:

• the nature of the procedural deficiency that has been identified and a clear statement of any alleged procedural deficiencies or
• the new and substantial information available, what activity/s of the profile this relates to, and why this supports a different level(s) of adjustment in the profile. The letter should also indicate why this information was not available either at the time of the profile meeting or before the profile was finalised. The new information should be attached to the appeal.

The Director, Disability Inclusion Delivery, or delegate will review all information provided in considering an appeal.

Note: An appeal on the grounds of new and substantial information can only occur after the initial profile outcome and if the new information is related to the supports and adjustments discussed within the profile meeting, or was specifically requested after the profile meeting. Appeals are not the same as a request for a subsequent profile or a subsequent profile within 24 months, which can be made at any stage if the there is a significant change in the student’s functional needs in a short period of time (for example, a deteriorating medical condition). Refer to: Requesting a subsequent Disability Inclusion Profile.

Within 2 school weeks of the appeal being submitted, schools will receive an email confirming receipt of the appeal and an estimated time for when the appeal will be finalised.

Receiving the outcome of an appeal

The school principal and/or the school key contact will receive the outcome of the appeal as soon as possible after it has been determined. The regional disability coordinator will be included in any appeal correspondence.

The appeal process could take up to one term to finalise.

An appeal on the ground of procedural deficiency

In almost all instances where procedural deficiencies have been identified and confirmed by the Director, Disability Inclusion Delivery, or delegate, the outcome of an appeal will trigger a new profile meeting for the student.

In the case of a profile meeting convened following an appeal, a different facilitator will conduct and facilitate this meeting.

An appeal on the grounds of new and substantial supporting information

Based on an assessment of the appeal on the grounds of new and substantial information, there may be:

• No change – the supporting information submitted has not changed the level of adjustments within the profile. The school should continue to provide reasonable adjustments to the student to enable their participation at school.
• Change to level of adjustment – the profile is updated based on new supporting evidence and changes are made to the level (or levels) of adjustment. A new profile report and school resource notification is completed, and the principal is notified as soon as possible of the new funding amount and funding start date.
• New profile meeting – the supporting information provided demonstrates that it could be helpful to reconvene the profile meeting. The principal will be notified of next steps, and facilitator service will be contacted to arrange a new meeting.

The relevant regional disability coordinator will be notified of the outcome of all appeals.