NDIS-funded Therapy in Schools

Step 2: Make a decision

When deciding whether to approve a request for NDIS-funded therapy on school grounds, principals must consider:

• the individual student’s circumstances
• the Child Safe Standards
• duty of care and supervision
• student access to the curriculum
• practical and administrative capacity
• the school’s responsibilities and anti-discrimination law
• the Charter of Human Rights.

Requests must be decided on a case-by-case basis, considering the student’s individual circumstances.

When making a decision, principals must:

• use the details from the Request form and parents and carers consent form (DOCX) (staff login required)(opens in a new window)
• consider the below key considerations.

1. Individual student’s circumstances

Principals must consider the student’s best interests, including:

• the student’s family and social circumstances
• if therapy during school hours will support the student’s wellbeing, participation or learning. For example, if a student gets tired easily, they might benefit from therapy during school hours instead of after
• if there are barriers to getting therapy outside school hours.

The main focus in making a decision must be the student's best interest. Convenience for NDIS providers or parents/carers is a secondary consideration.

Key questions for the principal to consider

• Has the provider outlined the aim of the therapy?
• Is the request in the best interests of the student or for the benefit of another party (for example, the working hours of the provider)?
• Will the student still get the therapy they need if the request is declined?
• Will there be any serious negative effects for the student if the therapy request is declined?

2. Child Safe Standards

The Child Safe Standards are compulsory minimum standards for organisations that work with children. They aim to help protect children from abuse.

The Child Safe Standards require schools to:

• have strategies, policies and procedures in place to ensure the school is a child-safe organisation
• have strategies to identify and reduce or remove risks of child abuse
• have appropriate practices in place to reduce the risk of child abuse.

When considering a request for NDIS-funded therapy at school, principals must:

• consider any child safety risks
• assess whether any risks can be addressed.

For more information, read the Child Safe Standards policy or go to the department’s Guidance on implementing the Child Safe Standards in schools(opens in a new window).

Key questions for the principal to consider

• Does the provider have a current Working with Children Check?
• Will the provider agree to follow the school’s child safety policies and child safety code of conduct?

3. Duty of care

Duty of care means principals and teachers must take reasonable steps to reduce the risk of any reasonably foreseeable harm to students. Principals and teachers have duty of care when NDIS-funded therapy happens at school during school hours.

Schools must consider if they can meet duty of care to all students if NDIS-funded therapy happens at school.

This includes:

• providing safe and suitable premises for students for therapy to occur
• providing adequate student supervision during school hours. For example, school staff having line of sight of therapy sessions
• requiring the NDIS provider to hold and maintain a Working with Children Check. This includes providing evidence to the school of a valid WWCC per the school’s Visitors policy (staff login required)(opens in a new window)
• meeting their requirements under the Child Safe Standards as explained in the above section.

Refer to Duty of Care for more information.

Supervision of students during school hours

Schools must provide appropriate supervision to lower the risk of harm to a student. Schools must consider this as part of a risk management assessment and child safety.

Spaces for therapy must:

• be accessible
• maintain privacy (for example, by avoiding spaces where other students are present)
• not be disruptive for a student or class
• allow school staff to see the NDIS provider work with the student while they continue their work
• not be in secluded areas of the school where possible.

An example of a good space is a room with glass walls or windows. It should be in a busy area of the school, so staff can walk by and watch the session.

Read Child Safe Standard 6: Suitable staff and volunteers(opens in a new window) and Standard 9: Physical and online environments(opens in a new window).

Requests for therapy on school grounds outside of school hours

School staff are not required to supervise NDIS-funded therapy at school outside of school hours.

Principals can say no to NDIS-funded therapy at school outside of school hours. This may happen when there are:

• concerns about the level of supervision that can be provided at these times
• issues accessing school buildings when staff aren't on duty.

A principal can consider approving NDIS-funded therapy at school outside of school hours when:

• an adult family member or carer agrees to supervise and be present at the therapy (each session, for the whole session)
• there are no practical issues with approving such a request. School staff will be at the school to open up before the therapy or lock up after the therapy ends.

If schools approve NDIS-funded therapy at school outside of school hours they must:

• agree on the arrangements between the school council and the NDIS-funded provider including completion of the licence agreement. For more details, go to Step 4: Make arrangements for approved therapy at school
• requiring the NDIS provider to hold and maintain a Working with Children Check. This includes providing evidence to the school of a valid WWCC per the school’s Visitors policy (staff login required)(opens in a new window)
• take steps to avoid the school extending duty of care obligations to therapy outside school hours. This includes informing the parents/carers in writing that:
  • the therapy is not organised or managed by the school or the school council
  • the therapy is not a school activity
  • the parent/carer chooses the NDIS provider
  • the parent/carer is responsible for deciding if the provider is suitable for their child
  • school staff and the school council are not responsible for supervision
  • the parent/carer or another adult family member must be present and supervise the therapy (each session, for the whole session)
  • school staff and the school council are not responsible for supervision
  • the school might stop the NDIS-funded therapy at school if the parent/carer doesn't attend the sessions
  • the parent/carer chooses the NDIS provider
  • the parent/carer is responsible for deciding if the provider is suitable for their child.

Therapy sessions conducted outside school hours should not be scheduled during school supervision periods. For example, sessions should conclude at least 10 minutes before the start of the school day and commence no earlier than 10 minutes after the end of the school day. The school sets its supervision periods in its local Yard Duty and Supervision policy.

Key questions for the principal to consider

• Is the therapy request for during or after school supervision hours?

If the request is for therapy during school supervision hours:

• Can the school provide a safe and suitable location for the therapy to take place?
• Will a staff member have a line of sight to the therapy? For example:
  • a classroom breakout space or corner
  • an adjunct room with a glass window
  • staff having a full view of a computer for online therapy.
• If the therapy is in an isolated space, does the school have staff they can allocate to supervise it?

If the request is for therapy is outside school supervision hours:

• Will an adult family member or carer supervise and be present at the therapy?
• Will school staff be able to open the building before the therapy or lock up after the therapy ends?

4. Student access to the curriculum

The main purpose of school is to provide education to students through delivery of the curriculum.

When assessing a request for NDIS-funded therapy in school hours, principals must consider:

• the requirements of the curriculum under school registration standards, including mandated content and minimum time allocations for some subjects
• the impact of therapy on the student’s access to learning
• if regularly held, the impact of missing the same class every week to attend NDIS-funded therapy
• the impact of therapy on classroom activities and other students
• the effect of additional adults in learning environments
• whether the therapy at school will minimise disruption to the student’s education. For example, travelling to and from therapy during school hours may be more disruptive for the student than having the therapy at school.

Key questions for the principal to consider

• Is the therapy time-dependent? For example, is the therapy a support that must take place during school hours?
• What impact will there be on the student’s access to the curriculum or other key benefits of the educational program if they are taken out of class?
• Will the needs of other students in the class and the classes being run by teachers in the school be disrupted by the therapy?
• Does the student’s learning program have flexibility to accommodate therapy?

5. Practical and administrative capacity

Principals must consider whether the school has the capacity to have therapy on school grounds, including:

• availability of suitable spaces
• supervision requirements
• administrative and operational impacts
• the needs of other students and staff.

Key questions for the principal to consider

• Does the school have appropriate available space to accommodate the therapy?
• Is the school equipped to deal with additional administration that allowing therapy might entail (in particular, specialist schools with more NDIS participants)?

6. School responsibilities and anti-discrimination law

Schools must make reasonable adjustments for students with disability. This is to allow them to access their education on the same basis as their peers without a disability. Reasonable adjustments for students with disability are required:

• under anti-discrimination laws
• even if the student does not get NDIS support
• even if the student does not get Disability Inclusion Funding and Support.

Go to making reasonable adjustments guidance for more details.

The NDIS may fund various specialised supports for a student’s disability needs. However, NDIS-funded therapy and specialised supports are not required to help a student access education.

NDIS-funded therapy does not replace the requirement for schools to provide reasonable adjustments to access their education. This means that principals do not have a legal obligation to approve a request for NDIS-funded therapy at school.

For advice on a school’s anti-discrimination obligations, contact Legal Division at legal.services@education.vic.gov.au.

Key questions for the principal to consider

• Are there any anti-discrimination obligations that are relevant to this therapy request?
• How will the therapy impact the school’s support and reasonable adjustments for the student?

7. Charter of Human Rights

When considering a request, principals must:

• act in line with the Charter of Human Rights and Responsibilities Act 2006 (Vic)(opens in a new window) and Equal Opportunity and Human Rights – Students
• consider any relevant human rights that may be affected by the decision.

For advice about Charter obligations, contact Legal Division at legal.services@education.vic.gov.au.

Key questions for the principal to consider

• Have relevant human rights been considered when assessing and deciding the request?

Finalising decision

Principals must make their decision on a case-by-case basis. They must think about all the key considerations, including relevant local school policies.

If principals need help, they should contact their senior education improvement leader (SEIL) first. For more help, principals can email the Inclusive Education Division at ndis@education.vic.gov.au.