School Refuses to Assess Your Child in Australia: What You Can Do

Your child is falling behind. You have raised concerns with the teacher, possibly more than once. The school has been vague, non-committal, or has outright told you they do not think an assessment is necessary. Or they have said they agree your child needs support — but the psychologist waitlist means it will be 12 months before anything happens, and in the meantime, nothing changes.

This situation is more common than it should be, and it has a legal dimension that most parents are not aware of.

What the Law Actually Requires

Under the Disability Standards for Education 2005 (DSE 2005), schools have a legal obligation to make "reasonable adjustments" for students with disability — and critically, this obligation does not wait for a formal medical diagnosis. If there is observable evidence that a student's functioning is being impaired by a disability, schools can and should document adjustments based on imputed disability, without waiting for a psychoeducational report.

The DSE 2005 also requires that schools consult with parents before determining adjustments. The consultation obligation means the school cannot simply decide, internally, that your child does not need assessment or support, and present that decision as final.

Separately, the Disability Discrimination Act 1992 (DDA) makes it unlawful to discriminate against a person on the grounds of disability in education. Denying a child assessment or refusing to provide reasonable adjustments — when those adjustments would allow the child to participate on the same basis as peers — is potential unlawful discrimination.

The landmark case of Finney v Hills Grammar School (2000) established that wealthy, well-resourced schools cannot easily use "unjustifiable hardship" as a defence for denying support. The "unjustifiable hardship" defence requires exhaustive proof that all funding avenues have been explored. It is not a simple budget defence.

What "Assessment" Actually Means at School

There is a distinction worth making: the school is not necessarily obligated to conduct a comprehensive psychoeducational assessment (WISC-V cognitive testing, full report) for every student. What it is obligated to do is:

1. Identify students with disability through observation and available evidence
2. Implement appropriate educational adjustments
3. Document those adjustments for at least 10 weeks (for NCCD compliance)
4. Consult with parents about the nature and scope of those adjustments

A school-based assessment by an educational psychologist is a tool that supports better identification and planning — but the absence of such an assessment does not excuse the school from providing support where there is observable need.

If the school is telling you that your child cannot receive any formal adjustments until they have a psychological assessment, and the psychological assessment has a 12-month waitlist, that is using the waitlist as a reason to deny support — which is inconsistent with the DSE 2005.

How to Request Assessment — In Writing

Verbal requests at parent-teacher meetings rarely create the paper trail needed to escalate. Written requests change the dynamic because they require a written response, which either produces an agreement or produces a refusal you can escalate.

Your written request should:

• Be addressed to the principal (not just the classroom teacher)
• State your child's name, year level, and the nature of your concerns
• Reference the Disability Standards for Education 2005 and the obligation to make reasonable adjustments
• Request a formal meeting within 14 days to discuss assessment and the development of a personalised learning plan
• Ask for written confirmation of your child's current NCCD adjustment level and what evidence supports it

Keep a copy. Note the date. Follow up if there is no response within the 14-day period.

A sample opening: "I am writing to formally request an assessment of [child's name]'s educational needs under the Disability Standards for Education 2005. I have observed [describe specific difficulties]. Under the DSE 2005, schools are required to consult with parents and implement reasonable adjustments where a student has disability-related needs. I request a meeting with the school's learning support team within 14 days to discuss [child's name]'s current support plan, NCCD status, and any pending assessment arrangements."

If the School Refuses or Delays

Step 1: School principal and learning support team. Put all concerns in writing. Request written responses. Document every meeting with a follow-up email summarising what was discussed and agreed.

Step 2: Regional education office. Each state has a regional or district office that oversees schools in its area. Contact them if the school-level resolution fails. In NSW, this is the regional learning and support team. In Victoria, it is the regional Network for Learning. Other states have equivalent bodies.

Step 3: State education department complaints. All states have a central complaints mechanism for education-related concerns. The state ombudsman can investigate procedural unfairness. State-based anti-discrimination bodies (e.g., Anti-Discrimination NSW, the Queensland Human Rights Commission) can investigate discrimination complaints.

Step 4: Australian Human Rights Commission. A formal DDA complaint can be lodged with the AHRC at no cost. The AHRC does not have the power to impose binding outcomes independently — its role is to investigate and facilitate conciliation. If conciliation fails, the AHRC issues a notice enabling you to take the matter to the Federal Circuit Court.

Who Is Responsible for Assessment Costs?

If the school has a psychologist who conducts assessments, that assessment is provided at no cost to families in the public system. The school absorbs the cost.

If the school does not have capacity to assess your child within a reasonable timeframe (and "reasonable" does not mean 12 to 18 months when a child is actively struggling), you can explore private or university clinic options. Private psychoeducational assessments typically cost $1,500 to $3,000; university psychology clinics offer comparable assessments for $300 to $800 for concession holders.

The school is not typically required to fund private assessment. However, if a school's failure to assess results in a denial of support that violates the DSE 2005, that can form the basis of a complaint that seeks remedies — which might include the school implementing supports that the private assessment recommends.

Independent Catholic and Private Schools: Additional Considerations

Independent and Catholic schools are bound by the same DDA and DSE 2005 obligations as government schools. The "unjustifiable hardship" defence is available to them, but case law since Finney v Hills Grammar School has made this defence very difficult to sustain for well-resourced institutions.

If an independent school is suggesting it cannot adequately support your child — or is making enrolment conditional on your child not needing certain supports — that warrants legal advice. The DSE 2005 applies to all education providers. Independent schools cannot enrol a child and then deny them reasonable adjustments on cost grounds without demonstrating genuine unjustifiable hardship.

When the School Will Not Provide Support Even With a Diagnosis

A frustrating reality in the Australian system: a private diagnosis (autism, ADHD, dyslexia) does not automatically unlock school support. The NCCD is a functional model. What matters is what the student needs educationally, not what their clinical label is.

Some schools respond to private reports promptly and implement the recommendations. Others respond with minimal action and cite their own assessment frameworks as overriding the private report. If the school is ignoring a private psychoeducational report, formally request — in writing — how each recommendation has been addressed in the child's learning plan. Ask the school to explain, in writing, any recommendations it has decided not to implement and why.

The Australia Disability Assessment Decoder includes ready-to-use letter templates for assessment requests, NCCD information requests, formal complaint letters, and escalation pathways — all with citations to the relevant legislation that gives your letters weight.

The system often moves when parents demonstrate they know the rules. The right letter, citing the right legislation, to the right person, changes conversations.

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