NDIS Funded Therapy in Schools

Policy

The purpose of this policy is to explain how schools can support students who receive National Disability Insurance Scheme (NDIS) funded therapy.

Summary

• Schools are encouraged to support students and their parents/carers in exercising a level of choice and control with their NDIS supports at school where it is safe and practical to do so.
• The department has produced guidelines for Victorian government schools related to requests for the delivery of funded therapy in schools.
• Ultimately, the decision to allow funded therapists to conduct therapy on school grounds rests with the principal.
• The therapies funded by the NDIS are related to the student’s functional whole-of-life support needs, and not for educational purposes. The responsibility for therapy for educational attainment remains with the education system. On this basis, schools should continue to employ therapists and access therapy from Student Support Services to provide educational supports.

Details

Background

The NDIS provides Australians under the age of 65 who have a permanent and significant disability with the reasonable and necessary supports to participate in the community and achieve their goals.

Funding is based on individual needs and allocated to the person (with their family, carer or advocate) who can choose who they will purchase services from and when, where and how they receive services. Eligibility is focused on lifelong, functional impairment.

Funded supports may include:

• help with household tasks and personal care
• vehicle and home modifications
• mobility equipment and assistive technology
• transport to be involved in community, social and employment activities
• therapies related to the disability
• assistance with coordination of NDIS supports.

The National Disability Insurance Agency (NDIA) administers the NDIS. The NDIA makes decisions about whether someone is eligible to become an NDIS participant and, if so, how much funding they will receive.

School-age participants may receive funding for non-educational therapy through the NDIS. The department has developed guidelines for principals (on the Guidance tab) on whether this therapy may be delivered at schools.

For more information, visit the Would we fund it page on the NDIS website and the NDIS and schools page. You can also refer to Principles to determine the responsibilities of the NDIS and other service systems (PDF) for further guidance on the responsibilities of schools and the NDIS.

Local area coordinators and early childhood partners

Local area coordinators (LACs) support participants to create and work towards their goals, build capacity to make their own decisions and choices and access the supports they need to live the life they choose. They help participants to create a plan which is provided to the NDIA for approval.

Early childhood (EC) partners are qualified organisations with strong community connections, local knowledge and expertise who work with participants who are under the age of 9, and their parents/carers to build their NDIS plans and support them to identify their goals and aspirations.

LAC and EC partner responsibilities include:

• working with children and their parents/carers to identify options to achieve their goals by drawing on informal, mainstream and community supports as well as reasonable and necessary supports funded by the NDIS
• undertaking NDIS plan reassessments.

To find LACs and EC partners in your area, visit the Offices and contacts in your area page on the NDIS website.

NDIS eligibility and department-funded programs

The Program for Students with Disabilities (PSD) and Disability Inclusion funding is not affected by a student’s eligibility for supports under the NDIS.

Schools remain responsible for personalising learning and support for students with disability that primarily relate to their educational attainment. This includes providing access to department funded Visiting teacher service and Student Support Services.

Note: NDIS requirements for restrictive practices do not apply to schools. Schools must comply with the Restraint and Seclusion policy.

How schools can help students access the NDIS

Some important actions schools can take to assist families include:

• providing information about the NDIS to parents and carers of students with disability who are not NDIS participants
• providing parents and carers with copies of student records and reports to assist them in submitting access documentation to the NDIA. Relevant information that schools hold may include:
  • previous or current Program for Students with Disabilities applications
  • Disability Inclusion Profiles
  • Individual Education Plans
  • Student Support Services (SSS) or allied health reports.

Although the provision of these existing school documents is recommended, please note that schools are not required to arrange new assessments or provide evidence of disability to support a student’s access to the NDIS.

NDIS Navigators are based in Victorian government specialist schools and can assist parents and carers to understand, navigate and access the supports available to their children under the NDIS.

Early childhood approach

The early childhood approach is how the NDIS supports children younger than 6 with developmental delay or children younger than 9 with disability and their families to access the right support when they need it.

The early childhood approach was developed based on evidence-based research with the help of leading experts in early childhood intervention.

The approach supports best practice in early childhood intervention because it helps the child and family to build their capacity and supports greater inclusion in community and everyday settings, meaning each child will be provided with opportunities to grow and learn.

Note: From 1 July 2023, the age of children supported under the NDIS early childhood approach changed from children younger than 7, to include children younger than 9.

Changing the age to include children younger than 9 ensures children and their parents/carers are supported by an EC partner during and after they transition to primary school.

For more information see: NDIS early childhood approach.

Children who are currently NDIS participants turning 7 after 1 July 2023, will remain with their EC partner until they turn 9, if they require support up to this age.

Children younger than 9 with a permanent disability, who are new to the NDIS from 1 July 2023, will be supported by an EC partner.

NDIS participants aged 9 and over are supported by a local area coordinator (LAC).

The NDIS and funded therapy for students

The NDIS provides choice and control for children with disability and their parents/carers on how disability services and supports are delivered.

As a result, school principals may receive requests from parents/carers to allow NDIS funded therapists to:

• observe a student in the classroom or in the school environment
• attend a Student Support Group meeting to monitor and tailor the support provided to the student.

These requests can generally be accommodated by schools and complement holistic student planning and support processes. Schools must develop their own school level policies and procedures to effectively screen, manage and supervise all visitors and should refer to these resources. For more information, refer to the Visitors in Schools policy.

Note: an NDIS funded therapist observing a student in the classroom or in the school environment should only observe a particular child and with that child’s parental/carer consent. The observer should:

• only make written notes focusing solely on the relevant child
• protect the privacy of other students in the class by not recording anything that in any way could identify them
• not make any audio or video recordings of the class.

Funded therapy on school grounds

Principals may also receive requests for NDIS funded therapists to deliver therapy on school grounds or virtually during school hours.

The department is committed to supporting NDIS participants and their families to optimise the benefits offered by the NDIS. Consistent with this commitment, Victorian government schools are encouraged to accommodate students and their parents/carers exercising choice and control in relation to NDIS supports.

On this basis, requests for NDIS funded therapy to be delivered at school or virtually during school hours should be approved unless the specific circumstances raise practical, legal and/or educational issues that make the approval of the request unfeasible or unreasonable.

When deciding whether to approve a request for NDIS funded therapy in schools, principals may consider a variety of factors including:

• individual circumstances of the student
• student access to the curriculum
• Child Safe Standards and duty of care including the ability of school staff to supervise the student while the NDIS funded therapy is being provided
• practical and administrative capacity
• anti-discrimination obligations.

Principals must refer to the Guidance tab for detailed guidance on these factors, and for procedures that need to be followed when approving applications for NDIS funded therapy to occur on school grounds.

Ultimately, the decision rests with the school principal.

The NDIS may fund a range of specialised supports for school-aged children with a disability. However, the NDIS does not:

• replace or duplicate the responsibilities of the education system
• fund therapy for the purpose of enabling a student to access their education.

In accordance with relevant anti-discrimination laws:

• schools remain responsible for providing ‘reasonable adjustments’ to ensure that students with disability can access education on the same basis as their peers
• schools are legally obliged to provide these reasonable adjustments, regardless of whether a student is also receiving NDIS support.

For further information refer to Students with Disability.

There is no legal obligation on principals to approve a request for NDIS funded therapy. This is because NDIS funded therapy is generally not required to enable the student to access their education.

Related policies

• Child Safe Standards
• NDIS Navigators
• Students with Disability
• Restraint and Seclusion

Relevant legislation

• Disability Discrimination Act 1992 (Cth)
• Equal Opportunity Act 2010 (Vic)
• National Disability Insurance Scheme Act 2013 (Cth)
• Victorian Charter of Rights of Rights and Responsibilities (Vic)

Contact

For general information about the NDIS:

• visit NDIS
• call 1800 800 110, from 8 am to 8 pm (local time) Monday to Friday

For specific queries about the NDIS and your school, please contact your regional office.

For more information, contact the Inclusive Education Division team at: ndis@education.vic.gov.au

Responding to requests for NDIS funded therapy in schools – guidelines for principals

This guidance contains the following chapters:

• Background
• Key considerations
• Step 1 – Request information
• Step 2 – Make a decision
• Step 3 – Practical arrangements
• Definitions

Background

This section provides information on some of the opportunities the National Disability Insurance Scheme (NDIS) offers to school-aged participants to enable them to achieve their goals. Terminology used throughout this guidance is defined under the Definitions chapter.

National Disability Insurance Scheme

The NDIS provides eligible participants with choice and control over what, when, where and by whom their disability supports are provided. It is a whole-of-life approach to the support needed to help a person to participate in the community and achieve their goals. The National Disability Insurance Agency (NDIA) administers and delivers the NDIS. To access the NDIS and become a participant in the scheme, a person must meet a number of legislated residency, age and disability criteria. For more information refer to the Eligibility checklist on the NDIS website.

NDIS plan

Once NDIS eligibility has been determined, each participant creates an NDIS plan.

Most NDIS participants will have a local area coordinator (LAC) to help them understand and use their plan. Participants younger than 9 will work with an early childhood partner.

Note: students, parents and carers may provide a copy of a student’s NDIS plan to their school to complement holistic student planning, however, students are not compelled to share their NDIS plans with schools.

For more information refer to: NDIS funded plans.

Therapy in schools

Therapy to enable access to education

If therapy is considered to be a reasonable adjustment that is required for a student to access their education, the school is legally obliged to provide the student with access to this therapy. Such therapists may be accessed from Student Support Services.

NDIS funded therapy

The therapies funded by the NDIS are related to the participant’s functional whole-of-life support needs and not for educational purposes.

The NDIS works as a social insurance scheme. As such, if the NDIA decides (after consideration of relevant evidence, such as special reports, assessments and advice from the student’s parents/carers) that a particular therapy is a ‘reasonable and necessary’ support for the student, the NDIS is obliged to fund that support as part of the student’s NDIS plan.

Participant ‘choice and control’ is a key benefit of the NDIS, which means students and their parents/carers have:

• choice and control over what, when, where and by whom NDIS funded supports are delivered
• choice about how their NDIS plan will be managed.

Refer to Principles to determine the responsibilities of the NDIS and other service systems for further guidance on what the NDIS will and will not fund in schools. The general rules are that:

• schools are responsible for personalising learning and support for students that primarily relate to their educational attainment (including teaching, learning assistance and aids, school building modifications and transport between school activities) in accordance with relevant anti-discrimination laws
• the NDIS funds supports that are associated with the functional impact of the student’s disability on their activities of daily living (those not primarily relating to education attainment). These include personal care and support, transport to and from school, and specialist transition supports to and from school to further education, training or employment.

The department will continue to deliver Personal Care in Schools (PCIS) and student transport (through the Students with Disabilities Transport Program) in-kind until the end of the 2024 school year, while future arrangements are decided.

Other NDIS funded supports

Students with Disabilities Transport Program

Student transport is in scope of the NDIS, however student transport for eligible Victorian government school students is currently delivered in-kind by the department through the Students with Disabilities Transport Program (SDTP). This arrangement will continue until the end of the 2024 school year, while future arrangements are decided.

The department will continue to work with the Australian Government to agree future arrangements. Schools will be informed of any developments in this work.

To access the department’s student transport support, all students must meet the SDTP eligibility criteria. If an NDIS participant does not meet these criteria, parents and carers will need to talk to the NDIA about options to get to and from school.

Once a student is receiving transport assistance through the SDTP, if they are an NDIS participant, student transport will appear in their plan as an in-kind item. Families do not need to pay anyone for this service, and they cannot use the funds for a different transport provider.

For more information, refer to the Students with Disabilities Transport Program page on PAL.

For queries about their SDTP services, schools can contact the department’s Student Transport Unit at student.transport@education.vic.gov.au or call 03 7022 2247.

Personal care in schools

Personal care in schools (PCIS) broadly refers to one-to-one assistance provided to students with disability to support their activities of daily living. Supports may include assistance with toileting, eating and drinking, dressing, mobility and complex health or medical support. These supports are usually provided by school Education Support (ES) staff.

PCIS is in scope of the NDIS, however personal care for NDIS participants in Victorian government schools is currently delivered in-kind by school staff. This arrangement will continue until the end of the 2024 school year.

The department will continue to work with the Commonwealth to agree future arrangements.

Schools will continue to employ and allocate staff with responsibilities for providing personal care.

Students and their parents/carers should continue to be consulted regarding personal care supports through the Student Support Group. Parents/carers may also recommend applicants for Education Support positions to be considered for employment under merit and equity principles.

School leaver and employment supports

The NDIS funds a range of post-school supports to assist young people with disability to move into employment or other options.

NDIS supports may include assistance across a range of life areas such as:

• social and community participation
• building life skills
• mobility or communication technology
• further study or finding and maintaining a job.

Some NDIS participants can access Disability Employment Services to receive assistance to find work.

School leaver and employment supports (SLES) is an NDIS funded support for participants who are school leavers and who are ineligible, or unlikely to be eligible, for Disability Employment Services. SLES builds on and strengthens the skills that students have gained at school.

SLES is not the only post-school support the NDIS funds and it is not for everyone.

NDIS participants may be eligible to receive SLES in addition to other supports that are deemed reasonable and necessary.

For more information visit: NDIS school leaver employment supports.

Key considerations

Principals must consider these factors when deciding to grant or refuse each therapy request. Each request must be evaluated on its individual merits. Schools must not use these considerations as a blanket rule to develop a school policy that allows or disallows all requests for therapy in schools. Refer to Step 2 – make a decision for questions designed to guide deliberations.

Individual circumstances of student

The overall benefit to the student is a key consideration. Any inherent convenience to therapists or parents/carers in having therapy delivered during school hours must be secondary to the student’s best interest.

In making a decision, principals must consider all relevant factors, including the particular family and social circumstances of the student, and the flexibility of the student’s learning program. For example, a student who fatigues because of their disability may benefit from receiving therapy during school hours, rather than after hours.

A student’s family circumstances may also prevent the therapy being delivered outside of school hours or in another location. This was the case in the following example from the Barwon area.

A student’s domestic situation meant that it was unsafe for the therapist to deliver therapy in the student’s home and the student did not have adequate means to get to an external location to receive the therapy. The school had physical space available and accepted the therapy request under the unique circumstances.

Student access to the curriculum

The principles underlying Victorian government school education include universal access to education and free instruction in the learning areas in Schedule 1 of the Education and Training Reform Act 2006 (Vic). In deciding whether it is reasonable for a student to access NDIS funded supports during school hours, principals must consider what impact this would have on the student’s access to the curriculum, given the primary purpose of schooling is to provide educational programs to students during school hours.

Equally, a student’s access to the curriculum may be improved by allowing therapy to occur during school hours. The following is a case example from the Barwon area.

A student was living in a remote area and the commute to and from therapy was extensive. This meant the student was missing school due to the long commute and was arriving at school tired. The principal allowed the therapy to be delivered at school so the student could access more of the curriculum.

Principals must also consider the impact that an additional adult in the school learning environment may have on staff and access to the curriculum for other students. For example, if the requested therapy will occur in the classroom, this may disrupt the class or the classroom teacher’s ability to deliver the lesson to the relevant student and other students.

Child Safe Standards

The Child Safe Standards are minimum standards that apply to organisations (including schools) that provide services for children to help protect them 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. This includes having appropriate practices in place to reduce the risk of child abuse and having strategies to identify and reduce or remove risks of child abuse.

Principals must consider any child safety risks and how those risks can be addressed when considering whether to agree to a request for an NDIS funded therapist to provide therapy on school grounds.

If the principal agrees to a request for an NDIS funded therapist to provide therapy at school, the school needs to:

• be alert to adverse behavioural or other changes in the student that might be a symptom of abuse, or risk of abuse, whether generally or in connection with the therapy – schools must follow the Four Critical Actions where there is an incident, disclosure or suspicion of child abuse
• inform the parents/carers about what they should do if they have concerns about their child’s welfare or safety
• ensure the student understands the steps to inform a trusted adult if they feel unsafe
• inform the therapist about the school’s policies and commitments regarding Child Safe Standards (including visitor policy, code of conduct, supervision arrangements and internal reporting arrangements)
• follow the Visitors in Schools policy when interacting with the NDIS funded therapist.

Refer to Child Safe Standards for more information.

Duty of care

Principals, as delegates of the Minister for Education, have the right to permit and refuse entry of any person to Victorian government school premises. As an NDIS funded therapist is not a department or school council employee or contractor, and is not under the direction and control of the principal, principals must carefully consider whether the school can fulfil its duty of care obligations to the student.

Duty of care requires principals and teachers to take all reasonable steps to reduce the risk of any reasonably foreseeable harm to students. This includes:

• providing safe and suitable premises to students
• providing adequate supervision of students, for example through line of sight to the therapy session or an additional staff member present to supervise the therapy
• ensuring the therapist holds a satisfactory Working with Children Check.

The responsibility for duty of care remains with principals and teachers. This duty of care cannot be delegated to an external NDIS funded therapist.
If duty of care requirements are not met, there may be a legal risk to both the school and the department.

Refer to Duty of Care for more information.

Requests for therapy on school grounds outside of school hours

Outside of school hours, the ability of principals and teachers to supervise students (and therefore discharge their duty of care) is very limited. There is no requirement for the school to appoint staff to supervise NDIS funded therapy that is proposed to occur outside of school hours on school grounds.

In relation to requests for therapy outside of school hours, it is recommended that the school inform parents/carers in writing that:

• the therapy is not organised or managed by the school or the school council and is not a school activity
• school staff and the school council are not responsible for the supervision of students attending the therapy outside school supervision hours.

Principals maintain the right to decline a request for private therapy sessions to occur outside of school hours, particularly if there are concerns about the level of supervision that can be provided at these times.

In some circumstances, a principal may approve such a request, if an adult family member or carer agrees to be present at these sessions.

The NDIS funded therapist and the school council must enter into a Licence agreement (DOCX) (staff login required) or Virtual agreement (DOCX) (staff login required) and the relevant information sharing deed prior to the commencement of NDIS funded therapy. The licence/virtual agreement makes it clear that schools are not responsible for the supervision of students outside of school hours.

Reportable Conduct Scheme

Principals are required to bring all allegations of 'reportable conduct' (that is, allegations of child abuse and other child-related misconduct) by employees, contractors, volunteers, allied health staff and school council employees to the attention of the department's Conduct and Integrity Branch. The branch will report these allegations to the Commission for Children and Young People.

The Reportable Conduct Scheme applies to NDIS funded therapists. Principals must be aware of their reporting requirements under this scheme if they permit an NDIS funded therapist to enter onto school premises to deliver therapy to students.

Refer to Reportable Conduct for more information.

Practical and administrative capacity

Schools need to ensure they have the practical capacity to accommodate NDIS funded therapists providing therapy, in person or virtually, to students on school grounds. This includes having the physical space available to accommodate the therapy and ensuring the school is equipped to manage the increased administration that allowing therapy might entail. This is a key consideration for specialist schools with high numbers of NDIS participants.

Anti-discrimination obligations

The NDIS may fund a range of specialised supports for school-aged children with a disability. However, the NDIS does not replace or duplicate the responsibilities of the department.

In accordance with relevant anti-discrimination laws, schools remain responsible for providing reasonable adjustments to ensure that students with a disability can access their education on the same basis as their peers without a disability.

Schools are legally obliged to provide these adjustments, regardless of whether a student is also receiving NDIS support or other funding (for example, Program for Students with Disability or Disability Inclusion).

Reasonable adjustments may include (but are not limited to):

• modifying programs, adapting curriculum delivery and assessment strategies
• providing ongoing consultancy support or professional learning and training for staff
• developing and implementing individual education plans, health support planning and behaviour support plans
• providing educational software, tablets, or other assistive technology
• modifying schools and classrooms to enable physical access to premises
• providing access to the regional Health Wellbeing and Inclusion Workforces.

The NDIS does not fund therapy for the purpose of enabling a student to access their education. A school’s legal obligation under the Disability Discrimination Act 1992 (Cth) is to ensure students with a disability can access their education on the same basis as their peers without a disability. This may include making reasonable adjustments like those listed above.

There is no legal obligation on principals to approve a request for NDIS funded therapy. This is because NDIS funded therapy is generally not required to enable the student to access their education.

For questions regarding a school’s anti-discrimination obligations when deciding to grant or refuse a request for NDIS therapy, please contact Legal Division at legal.services@education.vic.gov.au

Charter of Human Rights

The Charter of Human Rights and Responsibilities Act 2006 (Vic) (Charter) requires public authorities to act compatibly with the Charter and give proper consideration to relevant human rights in making decisions. This obligation applies to decision makers involved in assessing requests for NDIS funded therapy in schools.

When assessing a therapy request, principals must consider the possible impact of the decision on the student’s human rights. Refer to Equal Opportunity and Human Rights – Students for more information.

For questions regarding the impact of the Charter on any decision to refuse a request for NDIS therapy, please contact Legal Division at legal.services@education.vic.gov.au

School council support

School council support is required for the licence agreement and virtual agreement to use school premises, which must be signed before the NDIS funded therapy can commence at school. The licence agreement and virtual agreement are explained in more detail in Step 3 – Practical arrangements. A template licence agreement and virtual agreement are available on the Resources tab.

Refer to: Community Use of Schools – Hiring and Licensing and Community Joint Use Agreements for more information.

Step 1 – Request information

The principal requests information from the NDIS funded therapist and the parents/carers of the student, and consent from the parents/carers. Refer to Request form and parents and carers consent form (DOCX) (staff login required). Note: these are 2 different forms within a single document.

This information will enable principals to make transparent, consistent and informed decisions based on all relevant factors.

Request form

The principal sends the Request form (DOCX) (staff login required) to the NDIS funded therapist when the request is made. The request form requires the NDIS funded therapist to provide all relevant information about their request, including:

• the purpose of the proposed therapy
• the proposed date and time that therapy will be provided
• the proposed duration, frequency and style (in person or virtual) of therapy
• the proposed aims and benefits of the therapy being provided at school and in school time
• proof of a valid Working with Children Check
• professional registration details, if the therapist is an NDIS registered practitioner (most participants access services from NDIS registered providers who are required to get an NDIS Worker Screening clearance to deliver therapeutic supports, and comply with the NDIS Practice Standards and NDIS Code of Conduct. However self-managing participants can choose to employ unregistered providers who are not required to get an NDIS Worker Screening clearance. Schools should consider the increased risks associated with unregistered providers)
• copies of certificates of currency for the following insurances held by the therapist:
  • public liability insurance (principals must check that the certificate is current and is for a minimum sum per occurrence of $10 million)
  • professional indemnity insurance (principals must check that the certificate is current, with a reputable insurer, covers the professional services being provided, and is for no less than $5 million per any one event and in the aggregate).

The student’s parents/carers are encouraged to work with the NDIS funded therapist to complete the request form to outline the student’s individual situation and why the student or parents/carers are seeking to have the NDIS funded therapy delivered at the school.

Parents and carers consent form

The Parents and carers consent form (DOCX) (staff login required) requires parent/carer consent to the request (note: the request form and the consent form are part of the same document) and to the student’s personal and health information being provided to the school.

Any of the following people may sign the parents and carers consent form:

• a person with parental responsibility for ‘major long-term issues’ as defined in the Family Law Act 1975 (Cth)
• a person authorised to make health decisions for the student under the Children, Youth and Families Act 2005 (Vic)
• an adult student
• an informal carer
• a mature minor.

When the principal receives the completed forms and any other relevant documents, the principal should consider the request in accordance with Step 2, outlined in the next chapter. Principals should respond to requests within 10 days. The principal must retain a copy of the request form, parents and carers consent form, and any documents relevant to the decision. These must be stored, securely on the student’s file, regardless of the decision.

Step 2 – Make a decision

To decide whether to approve an NDIS funded therapist request, principals must use the information provided by the therapist and parents/carers in the Request form and parents and carers consent form (DOCX) (staff login required) to consider all factors set out in the Key considerations section. These questions are designed to guide deliberations.

Individual circumstances of student

• Has the therapist outlined clear therapy outcomes and aims in the request form?
• Has the request been made in the best interests of the student or for the benefit of another party (for example, the working hours of the therapist)?
• Will the student be able to access necessary therapy if the request is declined?
• Will there be any significant adverse effects on the student if the therapy request is declined?

Child Safe Standards and duty of care

• Does the therapist have a satisfactory Working with Children Check?
• Is the request for therapy to occur during or after school supervision hours?

If the request is for therapy to occur during school supervision hours:

• Can the school provide a safe and suitable location for the therapy to take place in which a staff member has a line of sight to the therapy (for example, a corner of the classroom or in an adjunct room with a glass window or in full view of the computer screen/tablet on which virtual therapy session will take place)?
• If the proposed therapy will take place in a room isolated from other students, does the school have capacity to allocate an alternative space and an additional staff member to be present to supervise the therapy?

Reportable Conduct Scheme

• Are all staff members aware of their reporting obligations under the school’s local Child Safety Responding and Reporting Obligations Policy and Procedures? Refer to: Protecting Children – Reporting and Other Legal Obligations.

Student access to the curriculum

• Is the therapy time-dependent? For example, is the therapy a support that must take place during school hours?
• Has consideration been given to the student’s access to the curriculum or other key benefits of the educational program if they are withdrawn to receive NDIS funded therapy?
• Will the needs of other students in the class and the programs being run by teachers in the school be disrupted by the proposed therapy?
• Does the student’s learning program have flexibility to accommodate therapy during school hours?

Practical and administrative capacity

• Does the school have 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)?
• Can the NDIS funded therapist and the school collaborate to share information and support the student to meet their goals?

Anti-discrimination obligations

• Does the school have reasonable adjustments in place to ensure the student is able to access their education on the same basis as their peers without a disability?
• Will school supports and reasonable adjustments continue regardless of the decision made?

Charter of Human Rights

• Has consideration been given to relevant human rights in assessing and deciding the request?

School council support

• Has school council been consulted regarding a licence for NDIS funded therapy being delivered to students on school grounds either in person or virtually?
• Has the school’s Child Safe Standards Risk Register been updated accordingly?

Finalising decision

The final decision should be made on a case-by-case basis and considering all relevant factors. However, to ensure decision making is transparent and consistent, principals should also consider how previous requests for NDIS funded therapy at the school have been treated.

If principals require further support or advice when considering requests for NDIS funded therapy to be provided on school grounds, they should contact their senior education improvement leader (SEIL) in the first instance. If further advice is required, principals can contact the Inclusive Education Division at ndis@education.vic.gov.au

Communicating the decision

Regardless of the decision, principals must:

• document their consideration of the relevant factors
• endeavour to respond to the request within 10 days and keep a record of their decision and the Request form (DOCX) (staff login required) on the relevant student’s file
• communicate the decision to the parents/carers and therapist, using the Template letter to parents and carers (DOCX) (staff login required)

This template letter outlines reasons for the decision made by the principal. This is intended to promote transparency and consistency in decision making and increase communication between the school, parents/carers and therapist so any potential negative communication can be minimised.

Dispute resolution

Schools must respond to any parents’/carers’ concerns and complaints regarding the decision in an effective and timely manner. To ensure that principals use a fair and proper process, it is important that parents/carers are given a chance to respond to the decision and consider any additional information they provide.

The department’s complaints management policy is that parents’/carers’ concerns and complaints are best and most effectively managed at the school level. If the complaint remains unresolved after contact with the school, the complaint will be referred to the department’s regional office.

The Independent Office for School Dispute Resolution is the final step in the department’s dispute resolution and complaints process. Refer to Parent and Carer Complaints for more information.

If principals require further information and support they can contact their relevant area team, including their Community Liaison Officer and SEIL.

Approving therapy

If the principal decides to approve the therapy request, Step 3 enables the principal to implement appropriate arrangements necessary to mitigate any risks. This includes ensuring that the relevant consent forms are signed and a licensing agreement is entered into with the relevant therapist.

Step 3 – Practical arrangements

If, after considering all relevant factors in Step 2, a principal decides to permit NDIS funded therapy to take place on school grounds, schools must take the following 3 actions.

1. Meet with the NDIS funded therapist and parents/carers

Before the therapist commences at school, a meeting may occur between the school, the parents/carers of the student and the NDIS funded therapist. This meeting is referred to in the letter to the parents/carers that the principal will send at the conclusion of Step 2 – Make a decision.

This meeting will confirm the particular operational arrangements for the therapy including:

• the therapy goals and educational goals for the student, to promote a shared support and planning approach between the school and the therapist
• when, how often and where the therapy will take place (physical location)
• supervision arrangements
• notification arrangements – for instance, if the therapist has to change an appointment or the student is absent that day, who is responsible for informing whom
• whether the family would like the NDIS funded therapist to attend Student Support Group meetings.

At the first meeting the school must provide the therapist with the relevant licence agreement to use school premises and the relevant information sharing deed. Refer to: Licence agreement and information sharing deed (DOCX) (staff login required) and the Virtual agreement and virtual information sharing deed (DOCX) (staff login required).

The school must take minutes of the meeting outcomes and keep a record on the student’s school file.

The payment for NDIS funded therapists attending meetings at schools is to be funded from the participant’s NDIS plan.

Any licence fees associated with using the school premises must be charged to the therapist and not passed on to the NDIS participant. These accommodation related costs are already built into the hourly rate claimed by NDIS therapists.

2. Document the arrangement

Licence to use school premises

Principals must ensure that any arrangement for an NDIS funded therapist to regularly attend school premises is formalised by the therapist signing a licence to use the school premises. An NDIS funded therapist should not be allowed to commence providing regular therapy on school grounds until the relevant licence agreement is signed.

The licence agreement sets out 3 possible signing clauses for therapists:

• where the therapist operates/is entering the licence as a company
• where the therapist operates/is entering the licence as an incorporated association
• where the therapist is an individual/sole trader (for example, private therapist).

A template licence agreement and a guide to completing the licence agreement is available on the Resources tab.

The licence agreement contains important provisions that:

• require the therapist (described as the 'Licensee') to hold appropriate insurances
• require the therapist to comply with all reasonable instructions, directions and requests of the principal
• allow the principal to put in place appropriate supervision arrangements, including the ability to appoint a staff member to attend the therapy sessions.

Note that a new licence agreement is not required for every changed circumstance regarding the therapy:

• The licence agreement covers the therapist providing services to one or more students. However for every student receiving therapy a parent consent form, therapy request form and relevant information sharing deed is required relating to the additional student/s.
• The licence agreement covers one or more therapists employed by the company or incorporated association. If a therapist is to be replaced by another therapist employed by the same company or incorporated association to provide therapy to a student, a parent consent form, therapy request form and relevant information sharing deed is required relating to the additional therapist/s.

If the school agrees to a change request, the licence agreement must be amended include these changed circumstances. Contact the Legal Division for further advice at legal.services@education.vic.gov.au

Information sharing deed

The licence agreement includes an information sharing deed at Schedule 1 (Annexure B). Principals must ensure this agreement is signed by the NDIS funded therapist at the first meeting.

During Step 1 of these guidelines, parents/carers must have consented to specific types of information being shared with the school by the NDIS funded therapist (using the parent consent form provided with the request form under Step 1). The purpose of the information sharing deed is to set out exactly how and when NDIS funded therapists must share information with the school about the student who is receiving NDIS therapy on school grounds. The aim of this information sharing is to ensure that the NDIS funded therapist provides information to the school that it ‘needs to know’ to enable it to optimally educate and support the student, and fulfil key legal obligations.

Principals are responsible for tailoring the information sharing deed so that it stipulates how often and by which method information about the student will be shared. The specific requirements of the information sharing deed should then be discussed with the NDIS funded therapist at the first meeting.

If principals have any queries regarding the preparation of the licence or the information sharing deed, they can contact Legal Division at legal.services@education.vic.gov.au

Schools may provide the NDIS funded therapist with information about the Schools’ privacy policy and Privacy and Information Sharing obligations.

Summary of who is responsible for each document

Request form

NDIS funded therapist

Parent consent form

Parent(s) or Mature Minor

Licence agreement to use the school premises

School council and company/incorporated association/private NDIS funded therapist

Information sharing deed

NDIS funded therapist and school principal (or nominee)

3. Coordinate dual servicing arrangements

Principals should inform relevant school-based therapists and Student Support Services (SSS) staff about the services being delivered by the NDIS funded therapist to ensure services are coordinated. Strong communication will help ensure co-ordinated intervention occurs both in a student’s everyday life and at school.

School-based therapists and SSS staff may contact the relevant regional department staff/manager or professional organisation if they require advice about entering dual servicing arrangements with NDIS funded therapists. For example, Speech Pathology Australia provides guidance for speech pathologists about dual servicing arrangements.

Complaints about NDIS service providers

Schools can direct complaints from students, parents/carers or school staff about NDIS service providers to the NDIS Commission by calling 1800 035 544 or visiting how to make a complaint about a provider.

Definitions

Terminology used throughout this guidance is defined below.

Mature minor
Refers to a student who the principal has deemed to be mature minor in accordance with the department’s Mature Minors and Decision Making policy. A mature minor may also make a request/consent on their own behalf.

Parents and carers
Refers to parents/carers and guardians.

Principal
Refers to the school principal or principal nominee such as a member of the school leadership team.

Therapist
Refers to a private therapist/practitioner or a therapist/practitioner employed by an external disability service provider.

Resources

The following resources have been developed to assist schools when responding to requests for NDIS funded therapy to be delivered at school:

• Request form and parent and carers consent form (DOCX) (staff login required)
• Template letter to parents (DOCX) (staff login required)
• Licensing agreement and information sharing deed (DOCX) (staff login required)
• Virtual licensing agreement and information sharing deed (DOCX) (staff login required)
• Guide to completing the template school council licence agreement (DOCX) (staff login required)

For information about the NDIS and schools refer to:

• NDIS and schools
• NDIS Navigators

Resources to support students considering post-school options

Information for teachers of students with disabilities of school-leaving age is available from the NDIS website. Refer to: NDIS School Leaver Employment Support (SLES) information including materials for teachers.