40Educational authority must make reasonable adjustments for person with a disability

40 Educational authority must make reasonable adjustments for person with a disability S. 40(1) amended by No. 26/2011 s. 34(Sch. item 3.16). (1) This section applies if a person with a disability requires adjustments in order to participate in or continue to participate in or derive or continue to derive any substantial benefit from an educational program of an educational authority. (2) The educational authority must make reasonable adjustments unless the person could not participate in or continue to participate in or derive or continue to derive any substantial benefit from the educational program even after the adjustments are made. Example to s. 40(2) amended by No. 26/2011 s. 34(Sch. item 3.16). An educational authority may make reasonable adjustments for a person with a disability by— • providing a teacher's aide or particular software packages for computers; • moving a particular course or event from an inaccessible venue to an accessible one. (3) In determining whether an adjustment is reasonable, all relevant facts and circumstances must be considered, including— S. 40(3)(a) amended by No. 26/2011 s. 34(Sch. item 3.17). (a) the person's circumstances, including the nature of his or her disability; and S. 40(3)(b) amended by No. 26/2011 s. 34(Sch. item 3.17). (b) the nature of the adjustment required to accommodate the person's disability; and (c) the effect on the person of making the adjustment, including the effect on the person's ability to— (i) achieve learning outcomes; (ii) participate in courses or programs; (iii) work independently; and (d) the effect on the educational authority, staff, other students or any other person of making the adjustment, including— (i) the financial impact of making the adjustment; (ii) the number of people who would benefit from or be disadvantaged by making the adjustment; and (e) the consequences for the educational authority of making the adjustment; and (f) the consequences for the person of not making the adjustment; and (g) any relevant action plan made under Part 3 of the Disability Discrimination Act 1992 of the Commonwealth; and S. 40(3)(h) amended by No. 26/2011 s. 10(1)(a). (h) if the educational authority is a public sector body within the meaning of section 38 of the **Disability Act 2006**, any relevant Disability Action Plan made under that section. S. 40(3)(i) repealed by No. 26/2011 s. 10(1)(b). S. 40(4) inserted by No. 26/2011 s. 10(2). (4) An educational authority is not required to make an adjustment under subsection (2) to the extent that the educational authority has complied with, or has been exempted from compliance with, a relevant disability standard made under the Disability Discrimination Act 1992 of the Commonwealth in relation to the subject matter of that adjustment. S. 40(5) inserted by No. 26/2011 s. 10(2). (5) An educational authority is not required to make an adjustment under subsection (2) that relates to a building or land to the extent that— (a) a determination has been made under section 160B of the **Building Act 1993** in relation to that building or land, in relation to the subject matter of that adjustment; and (b) the educational authority complies with the determination. S. 41 amended by No. 26/2011 s. 34(Sch. item 3.18).