Disability Standards for Education Now Cover Early Childhood Services

The Disability Standards for Education Amendment Standards 2025 commenced on 1 August 2026. From that date the Disability Standards for Education 2005 apply to early childhood education and care services that receive the Child Care Subsidy or are legally required to deliver an education program based on an approved learning framework.

In practice this captures most centre based day care, family day care, in home care, and outside school hours care including vacation care. Preschools and kindergartens continue to be covered.

What actually changed

Not the obligations. Services have always been bound by the Disability Discrimination Act 1992.

What changed is definitional. The Standards previously used the term education provider without defining it in a way that clearly captured the early childhood sector. Services could, and did, argue the point by analogy. That argument is now gone. The amended Standards name the sector, which turns a general anti-discrimination duty into a specific framework a regulator, a family or a complainant can point to.

What the Standards require

The Standards set obligations across enrolment, participation, curriculum development and delivery, student support services, and harassment and victimisation. Underpinning all of them is the duty to make reasonable adjustments, being changes that let a child with disability access and participate on the same basis as a child without disability, while balancing the interests of everyone affected.

The obligations apply from the moment a family seeks to enrol, and continue for the whole time the child attends.

Direct and indirect discrimination

Direct discrimination is treating a child with disability less favourably than a child without that disability in the same circumstances. Refusing an enrolment because of a disability. Leaving a child out of an excursion. Restricting participation in a learning experience.

Indirect discrimination is a rule that applies to everyone but disadvantages a child because of their disability. The example that will be cited repeatedly is requiring a child to be independently toilet trained before enrolment, which can disadvantage a child with developmental delay.

Discrimination does not have to be intentional to be unlawful. That is the sentence worth reading twice.

What to do

• review enrolment forms, waitlist criteria and enrolment policies for any blanket requirement that could exclude a child with disability
• document how enrolment enquiries involving disability are handled, and who makes the decision
• record reasonable adjustments made for each child, why they were made, and who was consulted
• review the complaints process so a family can raise a disability concern and see it responded to
• brief the whole team, not just leadership. The obligation attaches to everyday practice

ACECQA has published updated disability rights and obligations resources, including a recruitment and induction package and a team meeting package.

Sources

• Australian Government Department of Education, Disability Standards for Education 2005 (education.gov.au)
• Disability Standards for Education Amendment Standards 2025 (legislation.gov.au, F2025L01390)
• ACECQA, disability rights and obligations resources (acecqa.gov.au)

This article provides general information for Australian ECEC services and approved providers. It does not constitute legal, regulatory or professional advice. Requirements vary by jurisdiction, service type and individual circumstances. Providers should confirm their obligations with ACECQA, their state or territory regulatory authority and qualified professional advisers.