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Journal of Deaf Studies and Deaf Education 9:2 2004
© Oxford University Press 2004; all rights reserved

Legal Matters Relating to Deaf and Hard-of-Hearing Individuals
Edited by McCay Vernon and Marc Marschark

Allegations of Unlawful Discrimination in Education: Parents Taking Their Fight for Auslan to the Courts

Linda Komesaroff

Deakin University

This paper examines the use of the Disability Discrimination Act (Commonwealth of Australia, 1992) by parents seeking access for their deaf children to native sign language in the classroom. It reviews a number of cases in which Australian parents have claimed indirect discrimination by educational authorities over their children's lack of access to instruction through Australian Sign Language (Auslan) and discusses the outcomes of such litigation. The policies endorsed by deafness organizations are contrasted with those of state educational authorities. The author discusses the limitations of a complaints-based system to address systemic discrimination and suggests the need for legislation to protect the linguistic rights of deaf children.

All correspondence should be sent to Linda Komesaroff, Faculty of Education, Deakin University, 221 Burwood Highway, Burwood VIC 3125, Australia (e-mail: Lrk{at}deakin.edu.au).

Received May 5, 2003; revised August 13, 2003; accepted August 20, 2003


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