---
title: "Advice structure: exclusion and a student with disability"
url: "https://ailawframework.com/precedents/education-law/disability-standards-exclusion-advice"
type: "precedent"
site: "AI Law Framework"
id: "a59-disability-standards-exclusion-advice"
area_id: "A59"
kind: "memo"
ai_level: "red"
version: 1
task_ids: ["A59-N20261018-3"]
law_stated_as_at: "2026-10-22"
---

# Advice structure: exclusion and a student with disability

> A structure for advice to a school on a proposed suspension, exclusion or expulsion of a student with disability. The lawyer writes the conclusion.…

Canonical page: https://ailawframework.com/precedents/education-law/disability-standards-exclusion-advice  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

A structure for advice to a school on a proposed suspension, exclusion or expulsion of a student with disability. The lawyer writes the conclusion. The memo records the Disability Discrimination Act and the Disability Standards for Education and the adjustments that were considered.

## Key facts

- Kind: Memo. An internal or advice memo.
- Practice area: [Education Law](https://ailawframework.com/precedents/education-law.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Red. You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 3 authorities it cites, for Australia and Commonwealth.

## When to use it

Use before a school decides to exclude, expel or impose a long suspension on a student with disability, or to refuse enrolment. It does not decide the outcome. Open the current Disability Standards for Education before the advice is given. The Standards now also cover early childhood education and care.

## Used for these tasks

- [Advise a school on excluding or expelling a student with disability](https://ailawframework.com/practice/education-law/advise-a-school-on-excluding-or-expelling-a-student-with-disability.md)

## How AI may be used

AI may index the adjustments already tried and the documents that record them. The lawyer writes the advice, including whether the school can proceed and what must be done first.

**AI may:**

- List the adjustments, meetings and incidents in date order from the school file
- Mark which of those records mention the student's disability
- List the parts of the current Standards the lawyer has said must be considered, once the lawyer has identified them

**AI must not:**

- Must not conclude that exclusion is or is not lawful
- Must not describe the student's disability beyond the documents the lawyer has marked
- Must not draft the notice of exclusion or the advice that will go to the school

**The lawyer checks:**

- The current compilation of the Disability Standards for Education has been read, not only the department's overview page
- The advice deals with access and participation on the same basis as students without disability, which is the purpose the department states
- Adjustments actually considered are listed from the file, including any the school refused and why
- State or sector rules on suspension and expulsion are applied as well as the Disability Discrimination Act. This structure does not replace them

## Authorities

- [Australian Government Department of Education, Disability Standards for Education 2005 (obligations of providers; page modified 3 August 2026)](https://www.education.gov.au/disability-standards-education-2005)
- [Disability Discrimination Act 1992 (Cth)](https://www.legislation.gov.au/C2004A04426/latest/text)
- [Disability Standards for Education 2005 (compilation linked from the Department of Education page)](https://www.legislation.gov.au/Details/F2005L00767)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/education-law/disability-standards-exclusion-advice and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*