Ivanhoe Grammar School, Ivanhoe Girls Grammar School taken to Federal Court for discrimination
A prestigious private school has reached an undisclosed settlement with the mother of an autistic girl after it refused to enrol her. The case comes just months after another private school was forced to pay the same mother compensation for also refusing to enrol the girl.
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A Melbourne private school has reached a settlement with the mother of an autistic girl after it refused to enrol her, 15 months after another private school was forced to pay her compensation for also refusing to enrol the girl.
A confidential settlement between Dina Tsirigotis and Ivanhoe Grammar School was approved in court on Monday, after the mother took legal action against the prestigious school for refusing to enrol her daughter, who has a number of disabilities.
The mediation came less than 18 months after Ms Tsirigotis had reached a confidential settlement with Ivanhoe Girls Grammar School, who she also took to court for declining to educate the young girl.
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Ms Tsirigotis told the court Ivanhoe Grammar School said in November 2017 it would not enrol daughter following months of discussions about her disabilities.
The mother said the school had said it could not “cater to her daughter’s needs at this time” because she had engaged in self-harming and anti-social behaviour and could pose an occupational health and safety risk and interfere with the school’s educational experience.
Ms Tsirigotis said the school’s actions contradicted its representations as “courageous and kind” and as recognising “every child is capable of doing something well and has something to contribute”.
The school told the court it had made it clear to the mother it “would be open to reconsidering” its decision after the girl completed a school social skills training program.
Justice Debra Mortimer, who oversaw both cases involving the family, said the school had outlined the “severity and extremity of the girl’s behaviours” in its defence.
“It is not difficult to see how, unless comprehensively managed, her behaviours could pose risks to herself, to staff and to other students,” the judge said.
But she accepted Senior Counsel’s advice to approve the mediation reached between the family and school on October 25, saying it would benefit the young girl, removing the “ongoing stressor” of legal proceedings.
“The emotional and psychological strain of litigation is an important factor in considering the risks attending the full litigation of a proceeding,” she said.
Justice Mortimer gave similar reasons for accepting the settlement reached between Ivanhoe Girls Grammar School and Ms Tsirigotis in September 2017.
In that case, Ms Tsirigotis took action against the girls school in March 2017, claiming it had discriminated against her daughter’s disability by refusing to enrol her in Year 3.
The mother claimed the principal had told her in an interview the school would not “suit” the child, and that she would not “fit in”, before stating in writing the school “was not able to meet her learning needs, and was not likely to be able to do so until she benefited significantly from a proposed intensive intervention strategy”.
The school reportedly suggested the child attend a school for children with learning disorders, despite the Tsirigotis’ offers to pay for a full-time assistant for their daughter.
Ms Tsirigotis also accused the school of making misleading representations about the educational services it provided, seeking damages and a mandatory order enrolling her daughter in the school.
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A confidential settlement was reached before the trial, which Justice Mortimer approved as in the child’s best interests.
The judge said the settlement money was “to be preserved in trust, and applied towards the girl’s (sic) ongoing needs”.
Ivanhoe Grammar School principal Gerald Foley told Leader he was restricted by the court in what he could say.
“I would like to reiterate that Ivanhoe Grammar School is recognised as an inclusive, open entry, coeducational school that places the welfare and wellbeing of all students as its top priority,” he said.
Ivanhoe Girls Grammar School was contacted for comment.
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