To the Honourable Members of the Australian Parliament, the National Disability Insurance Agency (NDIA), and State Departments of Education:

We, the undersigned, call on the NDIA and state Departments of Education to urgently address the exclusion of Out of School Hours Care (OSHC) from both NDIS funding and education system responsibilities in special schools, where 100% of the students have significant disabilities.

Recent interpretations of NDIS policies, coupled with a lack of responsibility from the Department of Education, have left families without access to funding or services for OSHC in special schools. These services are critical for the well-being and development of children with significant disabilities and for supporting families to work, study, or meet other obligations.

 
Policy Gaps

NDIS Responsibility: According to NDIS guidelines, the education system is responsible for funding supports tied to learning outcomes. However, the NDIS is responsible for supports directly related to a child’s disability that are not primarily educational, such as personal care support outside school hours for children who need much more support than their peers due to their disability.

Education Department Responsibility: Despite OSHC being a vital service for families with children in special schools, the Department of Education has not ensured that such services are adequately funded or available. This creates a gap where families are left with no solutions, particularly in settings where all students have significant disabilities.
This lack of coordination between the NDIA and Departments of Education has left families without support, with each body avoiding responsibility for providing or funding these essential services.

This lack of coordination between the NDIA and Departments of Education has left families without support, with each body avoiding responsibility for providing or funding these essential services.

The current policy interpretation does not account for the unique needs of students in special schools, where OSHC services are integral to their care and development.

Families of children with significant disabilities attending special schools are under immense strain due to this policy. For many, OSHC is not merely a convenience but a necessity that provides opportunities for social and community participation, aligning with the NDIS’s purpose.

 The removal of funding for these services risks pushing families to breaking point.

• OSHC is not a luxury; it is a necessity that enables children to access social and community participation opportunities, which aligns with the NDIS’s purpose.
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• These services also provide essential support to families, enabling parents and caregivers to work or meet other responsibilities.
  
  
• Without access to OSHC, families are being forced to choose between financial hardship, unemployment, or inadequate care for their children.
  
  
• In special school settings, mainstream alternatives are typically unsuitable to meet the complex needs of these children.
  
  By failing to provide adequate funding or ensure the availability of these services, both the NDIA and the education system are neglecting their responsibilities to families and children with disabilities.

We respectfully urge the NDIA and Departments of Education to:

• Reassess and clarify NDIS policies to ensure that OSHC in special school settings is explicitly eligible for funding under Core Supports for Social and Community Participation.
  
  
• Require the Department of Education to take full responsibility for ensuring that OSHC services are available, accessible, and affordable in special schools, particularly where all students have significant disabilities.
  
  
• Establish collaborative frameworks between the NDIA and Departments of Education to prevent families from falling into policy gaps.
  
  
• Provide consistent, clear communication to families and service providers on who is responsible for funding and delivering OSHC services in special schools.

This issue is not just about childcare—it is about equity and ensuring that children with significant disabilities and their families have access to the supports they need.

Without this funding and accountability, families are left unsupported, forcing them into impossible choices that jeopardise their financial stability and the quality of care their children receive.

The NDIA and Departments of Education both have roles to play in supporting children with disabilities and their families. We call on both to fulfil their responsibilities and work together to ensure no child or family is left without essential supports.

Sign this petition to demand fairness, accountability, and equity for children with disabilities and their families.