Ben Frater

36 Marine Avenue
St Kilda, 3182

[Recipient Name]

Principal
Balaclava Primary School
1 Carlisle Street
Balaclava 3183

Dear Sir,

Firstly I am writing to you this day to express my familys utter disgust

that your school Balaclava Primary refused admission to my son
Maximillian Augustus Frater on the grounds of the medical impairment
with his Graphomotor skills and overall low muscle tone. Secondly I
wish to enlighten you on the certain medical aspects of his condition
and finally inform you and the school admission board of the many legal
rights, regulations and frameworks both State, Federal, International
and social justice rights that your grievous decision not to admit my son
contravenes.

Firstly my sons condition will not adversely affect his day to day
participation in the classroom, as his Graphomotor impairment mainly
(Douglas Silas Solicitors, 2011) affects his ability to hold a pencil and
move it in a manner needed to write in a quick and fluent manner. My
family has already taken steps to mitigate the problem by seeking
guidance from the necessary medical professionals at the Royal
Childrens Hospital and have begun an occupational therapy program as
recommended by (Department of Occupational Therapy Royal
Childrens Hospital, 2005) in order to increase his muscle tone, with the
only impact to the classroom being that he will need to undertake arm
and hand warm-up activities such as squeezing a soft ball prior to
writing and to conduct some quick leg warm up activities prior to recess
and lunch and any physical education in order to activate his muscles a
practice which he is well versed in.

As mentioned above the decision not to admit my son shows flagrant

disregard for many of the State and Federal regulations and rights that
my son is entitled to, and by which your schools decision now directly
contravenes while also failing to upheld accepted social justice
protocols and principles of inclusion that all schools should strive to
uphold. The first and most important of these is the Disability
Discrimination Act 2006 (DDA 2006) which (Disability Discrimination Act
[DDA] Education Standards, 2005) states it is unlawful for an education
authority to discriminate against a person on the grounds of their
disability by refusing or failing to accept the persons application for
admission as a student. Furthermore the (DDA Education Standards,
2005) finds that in the case of my sons condition of Graphomotor
deficiency, it is regarded as a minor impairment and could not be
considered by the school to be an unjustifiable hardship on your
account to accommodate his needs. Which under the current
legislation is the only justifiable reason that the school could refuse to
carry its obligations to admit my son. Secondly I need not remind you
Sir, that you as educator are also bound by the UNICEF Rights of the
Child which the Commonwealth of Australia is a signatory and sworn to
uphold and I would like to bring these two key points to your attention,
being Article 18 and 28. Which state (United Nations International
Children's Emergency Fund [UNICEF], 1989) that we as Maximillians
parents have a responsibility to raise our son and should always
consider what is best for the child in this case attendance at our local
school and secondly that every child has a right to an education.

From a social justice perspective my family and I strongly believe that it

is essential for such individuals with a physical impairment like my son
be regarded and treated like any other child his age. It is this key
principle of inclusion that is behind my wifes and Is decision, that we
desire to send Maximillian to the same school as his older sisters
Ophelia and Lucrezia so he does not miss out the important learning
and emotional experiences that afforded to children who are fortunate
to attend primary school. This is not just my familys own view but as
research has indicated by Foreman (2014) it is also a shared view of
many parents, students and policy makers across the country that have
all advocated support that attendance at the neighbourhood school as it
is a valued option that should be made available to all.

The belief towards inclusion is prominent throughout the above

legislation but also an important aspect of a safe and supportive school
which you in the past have loudly trumpeted in suggesting that
Balaclava Primary school is. This especially prominent on the schools
website which proclaims that it adheres to the National Safe Schools
Framework, yet upon investigation National Safe Schools Framework its
principle vision states and I quote (Education Services Australia, 2013)
that all schools are safe and supportive, where diversity is valued and
all members of the school community feel respected and will receive
the necessary support. I ask you, how can you proudly state that
Balaclava Primary is a safe and supportive school yet you refuse to
admit my son, it smacks of double standards and is not tolerated under
the act if you wish to adhere to them.

Finally your obstinate position also falls foul of the National Framework
for Values Education in Australian Schools which underpin the core
values of the Australian Education system but also the country as
whole. The school currently contravenes over half of the values by
failing to be more inclusive and accept my son these include as stated
in (Department of Education, Science and Training [DEST], 2005) care
and compassion for others, a fair go for all people, freedom and the
rights and privileges of all Australian citizens, respect in treating others
with consideration and regard and finally understanding, tolerance and
inclusion by being accepting of others and including everyone.

I hope that the above information presented will help you and the board
reconsider your decision and allow us to come to an agreement, but if
you refuse to my sons right to enrol in your school the next letter you
will receive from my family will be sent on my behalf from the lawyers
at Seben & Seben law firm.
I look forward to receiving confirmation of your decision.
Regards

Ben James Frater

20-Mar-15