Systemic racism: the hidden barrier to educational success for indigenous school students.

Systemic racism: the hidden barrier to educational success for indigenous school students. Explanations for poor educational experiences and results forAustralian Indigenous school students have, to a great extent, focusedon intended or conscious acts or omissions. This paper adopts ananalysis based on the legislation prohibiting indirect racialdiscrimination. Using the elements of the legislation and case law itargues that apparently benign and race-neutral policies and practicesmay unwittingly be having an adverse impact on Indigenous students'education. These practices or policies include the building blocks oflearning, a Eurocentric school culture, Standard English Stan��dard English?n.The variety of English that is generally acknowledged as the model for the speech and writing of educated speakers.Usage Note: People who invoke the term Standard English as the languageof assessment, legislation to limit schools' legal liability, andteachers' promotions. Introduction It is well documented that educational experiences and outcomes forIndigenous school students in this country are poor (Department ofEducation, Science & Training [DEST DEST DestinationDEST DestroyDEST Department of Education, Science and Training (Australia)DEST Department of the Environment, Sport and Territories (Australia)], 2002; New South Wales New South Wales,state (1991 pop. 5,164,549), 309,443 sq mi (801,457 sq km), SE Australia. It is bounded on the E by the Pacific Ocean. Sydney is the capital. The other principal urban centers are Newcastle, Wagga Wagga, Lismore, Wollongong, and Broken Hill. Aboriginal Education Consultative Group, 2004; Royal Commission intoAboriginal Deaths in Custody This article or section needs copy editing for grammar, style, cohesion, tone and/or spelling.You can assist by [ editing it] now. , 1991). Indigenous writers have attributedthese failures to educators' conscious or intentional acts oromissions such as insufficient recognition of Indigenous culture (Patten& Ryan, 2001), lack of managerial rigour rig��our?n. Chiefly BritishVariant of rigor.rigouror US rigorNoun1. in holding principals andteachers accountable for poor results (Queensland Ministerial AdvisoryCommittee, 2004), or failing to consult the community (New South WalesAboriginal Education Consultative Group, 2004). On the other side,teachers have presumed lack of parental commitment (Zeegers, Muir &Lin, 2003), researchers have identified factors such as absenteeism ab��sen��tee��ism?n.1. Habitual failure to appear, especially for work or other regular duty.2. The rate of occurrence of habitual absence from work or duty. (NewSouth Wales Aboriginal Education Consultative Group, 2004), andlegislators have thought it just takes money (Indigenous Education(Supplementary Assistance) Amendment Act 1996 (Cth)). All or any of these elements may have contributed to pooreducational outcomes; however, instead of blaming the victim for notresponding to opportunities or attributing racist motives to governmentor educational authorities, this paper adopts a different perspective.It applies a legal analysis drawn from antidiscrimination legislation toargue that other, less obvious, causes may partially explain pooreducational performance by Indigenous students. It suggests that someapparently race-neutral educational policies and practices are based onunderlying assumptions that are not in accordance with Indigenousexperience or culture, and which therefore disadvantage the Indigenousstudents who struggle to comply with them. Anti-discrimination law Anti-discrimination law refers to the law on people's right to be treated equally. Most developed countries mandate that in employment, in consumer transactions and in political participation people may be dealt with on an equal basis regardless of sex, race, ethnicity, To understand the law relating to relating torelate prep → concernantrelating torelate prep → bez��glich +gen, mit Bezug auf +accsystemic discrimination, whichprovides the underpinning un��der��pin��ning?n.1. Material or masonry used to support a structure, such as a wall.2. A support or foundation. Often used in the plural.3. Informal The human legs. Often used in the plural. of this paper, it is first necessary to lookat the legislative provisions and the case law that illuminates theirmeaning. While genetically there is no such thing as the Aboriginal orTorres Strait Torres Strait(tŏr`ĭz, –rĭs), channel, c.95 mi (153 km) wide, between New Guinea and Cape York Peninsula of Australia. It connects the Arafura and Coral seas. Islander 'race' (de Plevitz & Croft CROFT, obsolete. A little close adjoining to a dwelling-house, and enclosed for pasture or arable, or any particular use. Jacob's Law Dict. , 2003),shared culture, language, customs, religion, or geographical origin candistinguish one ethnic group from another. Indigenous people considerthemselves and are considered by others to be culturally different fromnon-Indigenous people. Therefore they are covered by the definitions of'race' in the legislation. Merely being of a particular group that is discriminated against,however, does not necessarily make a person the victim ofdiscrimination. The unlawful conduct must take place within a specifiedarea of public life. Education and training, provision of goods andservices In economics, economic output is divided into physical goods and intangible services. Consumption of goods and services is assumed to produce utility (unless the "good" is a "bad"). It is often used when referring to a Goods and Services Tax. , and administration of government laws and programs are areasthat are relevant to education and are covered in all Australianjurisdictions. For the conduct to be found unlawful, no exemptions ordefences must apply. Legislation that prohibits unlawful conduct on the basis of race,colour or ethnic or national origin has been passed in all Australianstate Noun 1. Australian state - one of the several states constituting Australiaprovince, state - the territory occupied by one of the constituent administrative districts of a nation; "his state is in the deep south" , federal and territory jurisdictions. While it covers harassment Ask a Lawyer QuestionCountry: United States of AmericaState: NevadaI recently moved to nev.from abut have been going back to ca. every 2 to 3 weeks for med. ,vilification, and victimisation, its main thrust is discrimination,which is of two types: direct and indirect. Direct racial discrimination occurs where one person is treateddifferently to another in the same or similar circumstances, and thedifferent treatment can be accounted for by race. Until the 1950s andeven later, for example, Indigenous children were largely excluded fromschools, either by law, or by the opposition of non-Aboriginal parents(Royal Commission into Aboriginal Deaths in Custody, 1991). The indirect discrimination provisions specifically aim to addresssystemic discrimination, the inequality caused where everyone isapparently treated the same but the negative impact of the treatmentfails particularly on members of society distinguishable by their racialor ethnic origin. It is this effect that will be analysed in this paper. In most jurisdictions, indirect discrimination requires proof offour elements. First, the person aggrieved ag��grieved?adj.1. Feeling distress or affliction.2. Treated wrongly; offended.3. Law Treated unjustly, as by denial of or infringement upon one's legal rights. must prove a term orcondition has been or will be imposed. The person is required to complywith the condition in order to gain some benefit, for example, a job oran education. The term will appear to be neutral in that it appliesequally to everyone without distinction. It might be express; forexample, that in order to get a job you must have finished high school.In Griggs v Duke Power Company (US Supreme Court, 1971), thisrequirement was found to proportionally affect more African-Americansthan other Americans. In 1971 few of them had completed high school, formany of the same reasons that affect Indigenous students'results--poverty, poor health, racism in and out of the classroom, andinappropriate programs. Alternatively it might be implied. To take anexample from disability discrimination, the principal access to the newBrisbane Convention Centre was a steep set of twenty-seven stairs. Theeffect was that persons with physical disabilities or age-associatedmobility problems, and parents with strollers or prams were denied theopportunity 'as members of the community with equal dignity andworth' to access a publicly-funded building through the mainentrance (Cocks cock?1?n.1. a. An adult male chicken; a rooster.b. An adult male of various other birds.2. A weathervane shaped like a rooster; a weathercock.3. A leader or chief. v State of Queensland, 1994, p. 77,284). TheAnti-Discrimination Tribunal ordered the Queensland government toinstall lifts. The second element is that the complainant A plaintiff; a person who commences a civil lawsuit against another, known as the defendant, in order to remedy an alleged wrong. An individual who files a written accusation with the police charging a suspect with the commission of a crime and providing facts to support the allegation must prove he or she isunable to comply with the requirement. This is not necessarily confined con��fine?v. con��fined, con��fin��ing, con��finesv.tr.1. To keep within bounds; restrict: Please confine your remarks to the issues at hand.See Synonyms at limit. to complying in a physical sense. In Mandla v Dowell Lee (1983), a Sikhschoolboy was denied enrolment in an English school English schoolDominant school in painting in England from the 18th century to c. 1850. From 1730 to 1750 two distinctive British forms of painting were perfected by William Hogarth: genre scenes depicting the “modern moral subject,” and the small-scale because he could notwear the school uniform. The House of Lords House of Lords:see Parliament. held that while he couldphysically take off his turban in order to wear the schoolboy'scap, he was not required to do so to prove this element. It wassufficient that being obliged o��blige?v. o��bliged, o��blig��ing, o��blig��esv.tr.1. To constrain by physical, legal, social, or moral means.2. to wear the prescribed cap would becontrary to his religious and cultural beliefs. The third element tests whether inequality is revealed by comparingthe differing proportions of people with or without the attribute of inthis case 'race' who are able to comply with the requirement.The words in the provisions are 'a higher proportion of', not'higher raw numbers of' the group. A comparison based simplyon raw numbers would not truly reveal the discriminatory effect of apolicy, especially as Indigenous people form only about 2.4 per cent ofthe population. While the courts seem to prefer precise statistics forproof of indirect gender discrimination, especially in employment, theyare not so demanding for the other attributes; nevertheless, to show anadverse impact there must be some evidence of disadvantage. The last requirement is that the condition itself must not bereasonable. Whether this is so depends on all the circumstancesincluding whether there are viable alternatives and their cost andsocial benefit. In the case of the Sikh schoolboy, the school'srequirement that students wear caps bad no health or safety aspect buthad merely been adopted for the aesthetic. An Australian example of systemic racism demonstrates theunfortunate consequence of an organisation not thinking its policiesthrough. In order to be employed on a permanent basis in the AustralianPostal Commission The Australian Postal Commission was established on July 1, 1975 after the disaggregation of the Postmaster-General's Department. It was renamed the Australian Postal Corporation on January 1, 1989. Throughout this time it has traded as Australia Post. , applicants had to pass a medical examination thatincluded assessment against a height-to-weight ratio determined onAustralian norms. The norms, constructed in the time of the WhiteAustralia policy Topics related to racism and immigration in Australia are still regularly connected by the media to the White Australia Policy. Some examples of issues and events where this connection has been made include: reconciliation with Aborigines; mandatory detention and the "Pacific Solution"; , were based on a population of people of predominantlyAnglo-Celtic origin who were comparatively tall and of solid build. Twowomen of Vietnamese origin failed the medical solely because they wereshort and fine-boned and thus fell outside the norms. Therefore theycould not comply with the recruitment condition. A higher proportion ofpersons not of South-East Asian origin could fit within the norms. Therequirement was not reasonable in the circumstances because the job didnot require physical strength (Dao v Australian Postal Commission, HighCourt, 1987). There was no intention to exclude the women--indeed they werealready doing the jobs for which they were seeking permanent status--theCommission's administrators had merely assumed that the normsrepresented healthy Australians. No-one had questioned whether the normsremained a true measure after the White Australia policy was abandonedin the 1960s. Hidden barriers The legal framework of the elements of indirect discrimination--arequirement imposed, comparative compliance, and the reasonableness ofthe requirement--can be used to uncover hidden barriers in someeducational policies and practices. Curricula based on the building blocks of learning Much of the school syllabus A headnote; a short note preceding the text of a reported case that briefly summarizes the rulings of the court on the points decided in the case.The syllabus appears before the text of the opinion. is built on fundamental concepts whereeach is a link in a chain of learning. The underlying premise is thatthe student attends school on a regular basis. For many Indigenousstudents, however, regular attendance is problematic, for reasons beyondtheir control. This was the situation in the Aboriginal Students'Support case where many of the families were itinerant ITINERANT. Travelling or taking a journey. In England there were formerly judges called Justices itinerant, who were sent with commissions into certain counties to try causes. . Traeger Park Traeger Park is a small stadium located in Alice Springs, Northern Territory, Australia.The stadium hosts Australian rules football and cricket matches and has a capacity of 10,000. Primary School was a small school in Alice Springs Alice Springs,town (1991 pop. 20,448), Northern Territory, Australia. It lies in a pastoral area surrounded by desert near the center of the continent and is a stop on the Adelaide Darwin Railway. . In1991, 138 of its 142 students were Indigenous. No other school in AliceSprings had more than twenty per cent Indigenous enrolment despite thetown's high proportion of Indigenous people. Students and parentshad been drawn to it because its teachers tailored their programs to thestudents' irregular attendance. The school was unofficiallyrecognised by the Northern Territory Education Department as an urbanAboriginal school and received special services as well as federalfunding. In April 1991 the Northern Territory Minister for Education decidedto close the school and transfer the students to other schools. He hadtwo reasons: the first was that the school was not economically viablegiven the small classes, declining enrolment, high degree of absenteeismand the number of late attendees. As this reason did not explicitlystate race as a factor, but did adversely affect Indigenous students, itcould be characterised as indirect discrimination. The second reason wasrevealed in a television interview. The Minister observed that it was'a very unsatisfactory situation' that all the students exceptfour were Aboriginal. He said it was in the long-term interests ofAboriginal children to learn to compete with white children and to taketheir place in the wider community. The school's AboriginalStudents' Support and Parents Awareness Committee claimed that thiswas direct discrimination, less favourable treatment on the basis ofrace, and lodged complaints under the Federal Racial Discrimination Act1975. Section 9(1), the main provision of the Act, is unusual in that itrequires proof of racial discrimination as defined in Article 1 (1) ofthe International Convention on the Elimination of All Forms if RacialDiscrimination: It is unlawful for a person to do any act involving a distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of any human right or fundamental freedom in the political, economic, social, cultural or any other field of public life. The parents argued that the children's right to educationwould be impaired if they were forced to attend a 'mainstream'school. Their case was supported by expert evidence that the teachershad successfully developed ways of engaging the students in the corecurriculum, and that it was unlikely that the students would benefitfrom an ordinary school. Nevertheless Commissioner Carter found infavour of the Minister. In his view, even though some individualstudents might for 'idiosyncratic reasons' not be able to copewith the change, generally the students would be provided with the sameopportunities as any other student (Aboriginal Students' Supportcase, Human Rights and Equal Opportunity Commission The Human Rights and Equal Opportunity Commission (HREOC) is a national independent statutory body of the Australian Government. It has the responsibility for investigating alleged infringements under Australia’s anti-discrimination legislation. , 1992, p. 78,967).In this, the Commissioner appears to have overlooked the human rightsprinciple that what is equal is to be treated equally, but what isdifferent should be treated differently (South West Africa South West Africa:see Namibia. Case,International Court of Justice, 1966). Given the uncertainties ofproving the degree to which a human right could be impaired, and therisk of paying the government's legal costs as well as their own ifthey lost, the Traeger Park students and parents did not appeal. Compliance If in order to succeed it is necessary to attend schoolregularly, then, proportionally, Indigenous students are not complying.In a random survey of 200 government schools conducted in March 2004 theinvestigators reviewing Aboriginal education in NSW NSWNew South WalesNoun 1. NSW - the agency that provides units to conduct unconventional and counter-guerilla warfareNaval Special Warfare found that the rateof absenteeism among Indigenous students was approximately twice that ofnon-Indigenous students at all levels of schooling (New South WalesAboriginal Education Consultative Group, 2004). In high school,Indigenous students were on average missing between thirty andfifty-four days of school a year. The report of this review confirmedthat missing the building blocks of learning affects Indigenous schoolperformance: the more regular the attendance the better the achievementsof Year Seven Aboriginal students on the English Literacy and LanguageAssessment Test. Many reasons can be and have been put forward for absenteeism byIndigenous students; however within the framework of ability to complywith a curriculum based on links in the learning chain, some issuesstatistically impact more on Indigenous than non-Indigenousstudents--the criminal justice system, parents' unemployment,cultural obligations and poor hearing. Criminal justice and unemployment In 2001 nearly thirteen per centof the total Indigenous population of NSW over the age often appeared incourt charged with a criminal offence. More than one in three of themwere males between the ages of twenty-five and thirty-five (Weatherburn,Lind & Hua, 2003). Incarceration Confinement in a jail or prison; imprisonment.Police officers and other law enforcement officers are authorized by federal, state, and local lawmakers to arrest and confine persons suspected of crimes. The judicial system is authorized to confine persons convicted of crimes. rates for Australian Indigenousadults are more than fifteen times the non-Indigenous rate (AustralianBureau of Statistics The Australian Bureau of Statistics (ABS) is the Australian government agency that collects and publishes statistical information about Australia and its people. Population and HousingThe agency undertakes the Australian Census of Population and Housing. , 2002b). Indigenous women are being imprisoned im��pris��on?tr.v. im��pris��oned, im��pris��on��ing, im��pris��onsTo put in or as if in prison; confine.[Middle English emprisonen, from Old French emprisoner : en- at arate higher than any other group in Australia: in 2002, they were almosttwenty times more likely to be imprisoned than non-Indigenous women(Australian Bureau of Statistics, 2004a), and made up more than half thefemale prison population in Western Australia Western Australia,state (1991 pop. 1,409,965), 975,920 sq mi (2,527,633 sq km), Australia, comprising the entire western part of the continent. It is bounded on the N, W, and S by the Indian Ocean. Perth is the capital. and the Northern Territorydespite comprising only a tiny percentage of the Australian population(Aboriginal and Torres Strait Islander Social Justice Commissioner,2002). It is hard to escape the conclusion that many Indigenous childrenmust be emotionally and financially affected by family conflicts withthe police, court appearances, absent parents, and inability of thosewho were imprisoned to find housing and employment after release. TheAustralian Bureau of Statistics puts the official rate of Indigenousunemployment, including people on the 'work for the dole'Community Development Employment Projects scheme, at 18.5 per cent ofthe Indigenous population: more three times the non-Indigenous rate(Australian Bureau of Statistics, 2004b). Unskilled workers move aroundthe country following seasonal work such as fruit or cotton picking.Other families move because of landlords' attitudes towardsovercrowding overcrowdingovercrowding of animal accommodation. Many countries now publish codes of practice which define what the appropriate volumetric allowances should be for each species of animal when they are housed indoors. Breaches of these codes is overcrowding. or because the family cannot keep up with rental payments(Western Australian Equal Opportunity Commission, 2004). Cultural obligations Attendance can also be affected by culturalobligations with respect to funerals. Indigenous adults have a lifeexpectancy Life Expectancy1. The age until which a person is expected to live.2. The remaining number of years an individual is expected to live, based on IRS issued life expectancy tables. almost twenty years TWENTY YEARS. The lapse of twenty years raises a presumption of certain facts, and after such a time, the party against whom the presumption has been raised, will be required to prove a negative to establish his rights. 2. less than other Australians (Fred Hollows Frederick Bossom (Fred) Hollows, AC (April 9 1929 – February 10 1993) was an ophthalmologist who became known for his work in restoring eyesight for countless thousands of people in Australia and many other countries. Foundation, n.d.a). Their physical and mental health has been describedas being of third world standard (Fred Hollows Foundation, n.d.b). In1994 the National Aboriginal and Tortes Strait strait(strat) a narrow passage.straits of pelvis? the pelvic inlet(superior pelvic s.) and pelvic outlet(inferior pelvic s.) .straitn. Islander Survey estimatedthat 10.3 per cent of Aboriginal people over the age of twenty-five hadbeen taken from their natural families as children (Australian Bureau ofStatistics, 1997). The Bringing Them Home Bringing Them Home is the title of the Australian "Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families". report on the stolengenerations puts the figure as high as one in three in some areas(National Inquiry into Separation of Aboriginal and Torres StraitIslander Children, 1997).The report demonstrates over and over again thehorrific legacy of emotional instability and depression created byseparation from one's family: low self-esteem, poor health, highrates of self-inflicted injury, substance abuse, domestic violence andsuicide. Death occurs not only in the generation of Indigenousstudents' grandparents grandparentsnpl → abuelos mplgrandparentsgrand npl → grands-parents mplgrandparentsgrand npl but also in that of their own parents,aunties and uncles. Indigenous people are obliged to attend the funeralsnot only of close family members, but also those of community members.Funerals do not take place until all the relatives have arrived. Thiscan mean a considerable time away from school for a student. Leave forIndigenous cultural obligations has been accepted in industrial awardsand agreements for over a decade (de Plevitz, 1995). Similaraccommodation could be made in education. Students' health and hearing Indigenous children are morelikely than others to be absent through chronic illness such asrheumatic fever rheumatic fever(rmăt`ĭk), systemic inflammatory disease, extremely variable in its manifestation, severity, duration, and aftereffects. , trachoma trachoma(trəkō`mə), infection of the mucous membrane of the eyelids caused by the bacterium Chlamydia trachomatis. Trachoma infects more than 150 million people worldwide. , endemic skin infections, and kidney disease Kidney DiseaseDefinitionKidney disease is a general term for any damage that reduces the functioning of the kidney. Kidney disease is also called renal disease. (Fred Hollows Foundation, n.d.b). A matter of particular concern isotitis media Otitis MediaDefinitionOtitis media is an infection of the middle ear space, behind the eardrum (tympanic membrane). It is characterized by pain, dizziness, and partial loss of hearing. , middle ear infection middle ear infectionOtitis media ENT A condition characterized by inflammation, fluid overproduction–which may rupture the tympanic membrane, providing a portal of entry for bacteria and viruses, purulence, bleeding; MEI is more common in children as their , which affects Indigenous children ata significantly higher rate than non-Indigenous children. A study in theNorthern Territory found that almost eighty percent of Indigenouschildren tested in 1999 were found to have a hearing disability(Northern Territory Department of Education, 1999). The impact of thison their education is significant, especially at the early stage ofschool as the development of 'literacy and numeracy numeracyMathematical literacy Neurology The ability to understand mathematical concepts, perform calculations and interpret and use statistical information. Cf Acalculia. skills dependon the ability to follow instructions, vocabulary development Vocabulary development is the process whereby speakers of language enhance their working vocabularies with new words.The average persons' vocabulary consists of 10,000 words, regardless of native tongue. Usually, this represents a mere fraction of the lexis of that language. andhearing contextual clues for meaning' (New South Wales AboriginalEducation Consultative Group, 2004, p. 72). Hearing-impaired childrenare often angry and frustrated frus��trate?tr.v. frus��trat��ed, frus��trat��ing, frus��trates1. a. To prevent from accomplishing a purpose or fulfilling a desire; thwart: because they cannot communicateeffectively. They ask those sitting near them to 'translate'.This is disruptive for the class and adds to Indigenous children'snegative experience of school. What is reasonable? The legal analysis of whether policies orpractices are reasonable will depend to a great extent on economicconsiderations and what alternatives are available. How government andnon-government schools spend their money has become a legitimate subjectof judicial scrutiny in discrimination law (Purvis v NSW Department ofEducation and Training, High Court, 2003). In Hurst and Devlin vEducation Queensland (2005), the Federal Court held that a profoundlydeaf student had been denied the same educational opportunities as otherstudents because he had not been offered the Auslan program. EducationQueensland was ordered to pay the student $60,000 damages includingcomponents for his inability to communicate with others in any languageand loss of earning capacity. In response to the epidemic of otitis media among Indigenouschildren, hearing loops and microphones have been installed in manyschools, and children have been fitted with hearing aids Hearing AidsDefinitionA hearing aid is a device that can amplify sound waves in order to help a deaf or hard-of-hearing person hear sounds more clearly. . Anecdotalevidence anecdotal evidence,n information obtained from personal accounts, examples, and observations. Usually not considered scientifically valid but may indicate areas for further investigation and research. suggests, however, that these remedial devices are not beingused because the children do not like them. Therefore, spending money onthese devices may not legally absolve ab��solve?tr.v. ab��solved, ab��solv��ing, ab��solves1. To pronounce clear of guilt or blame.2. To relieve of a requirement or obligation.3. a. To grant a remission of sin to. educators from responsibility.More reasonable might be general health screening, and training teachersto check that the students can hear in class, and training teachers touse more visual cues and feedback (New South Wales Aboriginal EducationConsultative Group, 2004). The Vinson Inquiry was critical of programs that respond to crisessuch as absenteeism without tackling the serious core problems (Vinson,Third Report, 2002). Until the fundamental human rights issues ofhealth, shelter and work are adequately addressed, however, crisismanagement may be the only possible strategy. This requires initiativefrom Indigenous communities and ongoing support from government. The Eurocentric model of teaching Institutional policies tend to be informed by the histories,capabilities and cultures of those who draft them (Burton, 1991).Because the policy-makers have no difficulty in complying with theirpolicies, they do not notice the discriminatory effect on others. Theyassume their policies are neutral, objective and universally applicable. A number of educational policies are based on the assumption thatIndigenous people who no longer live in the 'traditional way'have 'lost their culture' and are therefore 'likeus'. This is not so. Whether they live in remote areas of Australiaor in the city, Indigenous people maintain a culture, not based onphysical characteristics but on common beliefs, family ties, languageand shared history. The Report of the Royal Commission into Aboriginal Deaths inCustody observed in 1991 that Australian schooling is based on ahierarchical model In a hierarchical data model, data are organized into a tree-like structure. The structure allows repeating information using parent/child relationships: each parent can have many children but each child only has one parent. of Western society, a model that is incompatible withthe home culture of many Indigenous students. This mismatch mismatch1. in blood transfusions and transplantation immunology, an incompatibility between potential donor and recipient.2. one or more nucleotides in one of the double strands in a nucleic acid molecule without complementary nucleotides in the same position on the other producesfeelings of alienation, which are manifested in students dropping out,poor attendance, low self-esteem and underachieving. A different model was implemented in the late 1980s at Northland north��landalso North��land ?n.A region in the north of a country or an area.northland Secondary College in Victoria after it engaged two Indigenous educators.Aboriginal culture and philosophy became integral to the'whole-school approach' offered to all students, Indigenousand non-Indigenous. Because of this shift in cultural approach, thecollege attracted Indigenous students: by 1992 about fifteen per cent ofthe 400 students were Indigenous, a much higher proportion than their0.4 per cent representation in the Victorian population at that time(Australian Bureau of Statistics, 1996). The 'whole-school approach' operated on the basis ofdecentralised Adj. 1. decentralised - withdrawn from a center or place of concentration; especially having power or function dispersed from a central to local authorities; "a decentralized school administration"decentralized control through which the teachers and also parents,students and the community became involved in the delivery of education.As the Victorian Equal Opportunity Board later remarked: The teachers operated on a different authority and discipline system to many mainstream education institutions ... one which lent itself to the Aboriginal culture and found acceptance in that culture ... [It] appealed to students who may have been rejected from other schools as difficult or lost causes (Sinnapan v State of Victoria, 1994, p. 77,112). In the early 1990s, however, a Victorian government taskforcerecommended the closure of schools where there were low enrolmentnumbers, the running cost of the school per capita [Latin, By the heads or polls.] A term used in the Descent and Distribution of the estate of one who dies without a will. It means to share and share alike according to the number of individuals. was higher than thestate average, and the buildings were in poor condition. In 1992 thethen State Minister for Education, Don Hayward, announced that forreasons of economy and efficiency he would close Northland SecondaryCollege at the end of that year. Two Indigenous students, Muthama Sinnapan and Bruce Foley, lodged acomplaint of indirect racial discrimination under the Victorian equalopportunity legislation. Unlike the Traeger Park case, this casesucceeded, but only after thirteen public hearings in which the Ministercontested every possible point, no matter how trivial. The students argued that the government had imposed an unreasonablecondition: that in order to obtain an education all students had toattend 'mainstream' schools. This requirement had adisproportionate impact on Indigenous students who, because of theirlanguages, cultures and values could not conform to Verb 1. conform to - satisfy a condition or restriction; "Does this paper meet the requirements for the degree?"fit, meetcoordinate - be co-ordinated; "These activities coordinate well" the Eurocentricmodel. Of course Sinnapan, Foley, and the other Indigenous studentscould go to other schools, but this element encompasses not onlyphysically compliance but whether the person can comply in conformitywith their background or culture (Mandla v Dowell Lee, House of Lords,1983), or with their particular needs and abilities (Waters v PublicTransport Corporation, High Court, 1991). As for the third element, ahigher proportion of non-Indigenous Victorian school students had nodifficulty in accessing education in the usual school system because itsculture was familiar to them. The Board held that the requirement toattend other schools was unreasonable because the mainstream schools didnot offer equality of access to education; therefore the closure ofNorthland Secondary College was held to constitute indirectdiscrimination on the grounds of race. The Board ordered the re-openingof the school. The government resisted this direction and appealed again andagain. Eventually however, having lost twice before the Victorian FullCourt (Sinnapan v State of Victoria, 1995, 1995a), the Minister wasobliged to re-open the College. It is now a highly successful andaward-winning centre of secondary education. Two aspects of cultural difference that may affect teachers'qualitative and quantitative assessment of Indigenous students'performance are communication styles and emotional responses tomaterial. Communication styles Standard English is the language ofinstruction in most Australian schools. It is assumed by teachers thatif the student does not have an accent then everyone is speaking thesame language. Linguists A linguist in the academic sense is a person who studies linguistics. Ambiguously, the word is sometimes also used to refer to a polyglot (one who knows more than 2 languages), or a grammarian, but these two uses of the word are distinct. such as Eades (1992) and Zeegers, Muir and Lin(2003) have noted that the forms of English spoken by Aboriginal peoplediffer in a number of substantial respects from Standard English.Non-standard English maintains much of the sentence structures of theoriginal Aboriginal languages (Eades, 1992). These dialects, or in somecases languages (for example, Aboriginal Kriol), contain grammaticalconstructions Noun 1. grammatical construction - a group of words that form a constituent of a sentence and are considered as a single unit; "I concluded from his awkward constructions that he was a foreigner"construction, expression derived from the mother languages. They include thelimited use of the verb 'to be', plurals, and the definite andindefinite articles indefinite articlen.An article, such as English a or an, that does not fix the identity of the noun modified.indefinite articleNounGrammar either of the words `a' or `an' (Zeegers, Muir & Lin, 2003). Eades notes thatAboriginal English constructs questions by requiring the person toconfirm or deny a proposition, for example, 'Do you understand howto divide X into Y?'. Questions such as, 'Did you do yourhomework or did you muck about at home?' which require the studentto choose between a number of possible alternatives are not commonfeatures of Indigenous English, so the student's response may behesitant, self-conscious or give the impression of prevarication PREVARICATION. Praevaricatio, civil law. The acting with unfaithfulness and want of probity. The term is applied principally to the act of concealing a crime. Dig. 47, 15, 6. .Similarly, direct questioning, the most common form of interrogation interrogationIn criminal law, process of formally and systematically questioning a suspect in order to elicit incriminating responses. The process is largely outside the governance of law, though in the U.S. inschools, is generally avoided in Indigenous speech as impolite im��po��lite?adj.Not polite; discourteous.[Latin impol andoverbearing o��ver��bear��ing?adj.1. Domineering in manner; arrogant: an overbearing person.See Synonyms at dictatorial.2. Overwhelming in power or significance; predominant. . A direct question such as 'What are yourambitions?' may tend to elicit a response of embarrassment, whichmay be interpreted by a teacher as ignorance of the answer or poorsocial skills. To a great extent, the conversational interaction familiar toIndigenous people is that based on exchange between people who know eachother well. It is informed by a culture characterised by the closenessof its family and kin relationships. In these exchanges privacy andrespect for the other play a great part in shaping the conversation.This respect manifests itself by avoiding direct eye contact, for thisis considered threatening or rude. Disagreeing with someone is alsoconsidered disrespectful dis��re��spect��ful?adj.Having or exhibiting a lack of respect; rude and discourteous.disre��spect in an Indigenous interchange. Eades gives anumber of instances where Indigenous people, including children, haveagreed with those in authority regardless of their belief in the truthof the statement, or their understanding of it. Our current education system, however, rewards the student who canprovide immediate and precise answers in the dialect dialect,variety of a language used by a group of speakers within a particular speech community. Every individual speaks a variety of his language, termed an idiolect. of the educator.The student who looks the teacher in the eye is believed to be honest,forthright forth��right?adj.1. Direct and without evasion; straightforward: a forthright appraisal; forthright criticism.2. Archaic Proceeding straight ahead.adv.1. and implicitly trustworthy. Faced with this mismatch incommunication styles what is a reasonable requirement? Indigenouscommunity leaders proposed to the Vinson Inquiry into NSW publiceducation that they could provide new teachers with an introduction tothe cultural protocols and background of their community (Vinson, FirstReport, 2002). In addition, a unit in cross-cultural communication Cross-cultural communication (also frequently referred to as intercultural communication) is a field of study that looks at how people from differing cultural backgrounds endeavour to communicate. should be compulsory in the education degree in order to teach in ourmulticultural society. Shame jobs Many Indigenous people react to embarrassing situationsby feeling shame, both for themselves and for the people who created theembarrassment. Unfortunately there are still educators and policy-makerswho believe that urban Indigenous students experience others'conduct in the same way as mainstream students. Partington, Richer,Godfrey, Harslett and Harrison (1999) reported the assertions of aprincipal of an urban school: Kids here do not have shame, we don't believe in shame in this school, we don't do it, the AEW's [Aboriginal Education Workers] don't do it, I don't do it and the teachers don't do it. It's simple and the kids here do not speak any other language. Nyoongar was gone a long time ago. We don't believe in that and we don't believe in any other language, they just need to read and write, that's the bottom line. The Commonwealth government has proposed the Tutorial VoucherInitiative (TVI TVI Televis?o Independente (Portuguese TV Channel)TVI Technical Vocational Institute (Albuquerque)TVI Teacher of the Visually ImpairedTVI Television InterferenceTVI Tutored Video Instruction ) to improve children's reading standards. Schoolstudents were assessed against the Year Three National Reading Benchmarkin 2003. If they fell below the benchmark they would be eligible toparticipate in the pilot program and receive one-to-one tutoring.According to according toprep.1. As stated or indicated by; on the authority of: according to historians.2. In keeping with: according to instructions.3. Pauline Griffiths, education consultant and broker for thepilot TVI scheme for the ACT, the benchmarking exercise assessed onlytwo skills: 'the capacity to identify a title and the capacity tofind reasons to justify a character's actions' (ABC ABCin full American Broadcasting Co.Major U.S. television network. It began when the expanding national radio network NBC split into the separate Red and Blue networks in 1928. , 2005).Given that not all cultures interpret behaviour in the same way, a testthat measures capacity to assess reasons for a person's conduct islikely to be based, albeit unconsciously, on the experiences andresponses of the people who constructed it. It is possible that someIndigenous children may be unable to demonstrate that they haveunderstood the passage in the terms required. Apart from cultural uniformity, the TVI is predicated on otherassumptions likely to affect Indigenous students: the ready cooperationof parents to assist and encourage reading after tutorial assistanceceases, parental belief in educational attainment Educational attainment is a term commonly used by statisticans to refer to the highest degree of education an individual has completed.[1]The US Census Bureau Glossary defines educational attainment as "the highest level of education completed in terms of the as a desirable goal,and the availability of the student's home for tutoring, asarticulated by Griffiths (ABC, 2005): [T]he TVI takes place in a child's own home, a comfortable space away from the scrutiny of peers and classroom politics. Not only is this important for our children, it is also important for parents who must take on the role of assisting and encouraging a continuous love of reading long after tutorial assistance ceases. Can Indigenous students comply with the requirements of having a'comfortable space' at home and parents who can take on thisteaching role? For more than a century Aboriginal children were takenaway from their families and placed in work under the guise of'education'. Those the government allowed to stay receivedlittle or no education: schooling on reserves and in institutions wasnotoriously deficient. Even today, Indigenous people are more than twiceas likely not to have progressed past Year Nine compared tonon-Indigenous people: 33.4 per cent compared to 15.8 per cent(Australian Bureau of Statistics, 2004c).While many Indigenous familiesare active in supporting their children and their schools, there arealso those whose own negative experiences mean that they are neither inthe position to help their youngsters with their study, nor to providepositive encouragement to succeed. The scheme presumes all students have somewhere quiet to do theirhomework. An integral element of the TVI is the 'comfortablespace' at home where the tutors will give one-on-one readingassistance far from the 'scrutiny of peers and classroompolitics'. This idealised Adj. 1. idealised - exalted to an ideal perfection or excellenceidealizedperfect - being complete of its kind and without defect or blemish; "a perfect circle"; "a perfect reproduction"; "perfect happiness"; "perfect manners"; "a perfect specimen"; "a picture hardly reflects the reality ofmany Indigenous students' lives. Thirteen per cent of Indigenousfamilies have four or more children, compared to five percent of allAustralian families (Australian Bureau of Statistics, 2000). Twenty-twoper cent of Indigenous people live in overcrowded o��ver��crowd?v. o��ver��crowd��ed, o��ver��crowd��ing, o��ver��crowdsv.tr.To cause to be excessively crowded: a system of consolidation that only overcrowded the classrooms. conditions compared to3.5 per cent of other Australians (Australian Institute of Health andWelfare, 2005). At least thirty-five per cent of Indigenous householdslive in accommodation that has structural problems or is in need ofrepair (Australian Institute of Health and Welfare, 2005). ManyIndigenous people would feel shame to have a non-family member tutor seethe conditions under which they live, despite it not being their fault. Is it therefore reasonable to have a scheme predicated on parentsas tutors working in a 'comfortable space'? In the law ofdiscrimination motive is irrelevant: the TVI scheme could be indirectlydiscriminatory even if it is implemented for the best intentions. Whilethere are exemptions under the legislation for equality measuresdesigned to bring certain groups 'up to scratch', the schemeis not being marketed in that form. As it presently stands, it would bemore reasonable to employ Indigenous secondary and tertiary students asongoing mentors and to fund more homework centres. 'Blue cards' and public liability insurance Excursions, sports coaching and hobby clubs depend on parental andcommunity participation for their success. In 1991 the Royal Commissioninto Aboriginal Deaths in Custody recommended that Indigenous parentsand community members be actively encouraged to participate in decisionsregarding the planning, delivery, and evaluation of preschool, primaryand secondary education services for their children (Recommendation299). Since that time, school support committees, Aboriginal EducationWorkers, and community engagement in the delivery of educationalprograms have achieved positive results (Cooper, Warren & Baturo,2004; Sarra, 2003; Sinnapan v State of Victoria, 1994). Recent legal developments, however, have put a strain on allcommunity involvement in education. Public liability insurance premiumshave soared because of increasing negligence claims against publicauthorities (Ipp, 2002). Apart from the cost, schools are concernedabout their legal liability, including claims of negligence againstparent helpers. Further, with widespread fear of paedophiles, pressurehas led to legislation such as the Commission for Children and YoungPeople and Child Guardian Act 2000 (Qld) which makes it mandatory forany person who has ongoing contact with minors to be subjected to anAustralia-wide police check for all charges or convictions, not onlythose related to sex offences. People who pass this 'Working withChildren' check are issued with a blue card as verification. Thereis an exception for parents doing volunteer work at the school theirchild is attending. In the Queensland legislation a parent is defined as'the child's mother, father or another adult who has parentalresponsibility Parental responsibility in the European Union, parental responsibility (access and custody) refers to the bundle of rights and privileges that children have with their parents and significant others as the basis of their relationship; for the child'. This of course excludes the veryIndigenous people who have become involved in school programs, theelders. Though Indigenous people are less likely to have sexual assault andrelated offences on their criminal records than non-Indigenous offenders(Weatherburn, Lind & Hua, 2003), they have disproportionate contactwith the criminal justice system. Shame in revealing past criminalcharges, suspicion of authority, and fear of the police and welfareauthorities, the 'welfare', which permeate permeate/per��me��ate/ (-at?)1. to penetrate or pass through, as through a filter.2. the constituents of a solution or suspension that pass through a filter.per��me��atev. Indigenous life,added to the difficulty of filling out forms, means that fewerIndigenous community members will be willing to volunteer. This in turnimpacts adversely on Indigenous students as they lose their role modelsat school. Absence of the elders from schools also deprives Indigenousstudents of pride in their oral tradition of imparting im��part?tr.v. im��part��ed, im��part��ing, im��parts1. To grant a share of; bestow: impart a subtle flavor; impart some advice.2. knowledge,important given the current Western structure of education. Perhaps acase could be made for the local Indigenous community providing a letterasserting that the volunteer is a fit and proper person. Stability of schooling Educational systems assume that teacher quality is similar acrossschools and that every teacher provides the same standard of education.This is clearly not so, as not all teachers have the same capabilitiesor experience (Cooper, Warren & Baturo, 2004). The final barrierdiscussed concerns an industrial practice that exists in somejurisdictions. For many teachers, being posted to a remote area fallsfar down the list of desirable appointments. Therefore some educationalauthorities have instituted a system whereby these placements arerewarded with 'points' which give the teacher the chance ofadvancing to a more attractive environment. There are suggestions thatsome graduates who have not achieved a good academic record choose to goto these schools, which are often in Indigenous communities, solely onthe basis that they can 'earn' points. Having served twoyears, they leave. Their place is taken by another inexperienced in��ex��pe��ri��ence?n.1. Lack of experience.2. Lack of the knowledge gained from experience.in teacherlooking to move away. New teachers, especially in rural and remote areas, spoke to theVinson Inquiry of being 'thrown in at the deep end'. Teacherswho taught Indigenous students complained that insufficient time wasspent in teacher training on preparing them to interact appropriatelywith students and their community (Vinson, First Report, 2002).Indigenous parents and communities submitted that novice teachers neededguidance in learning how to relate to students' families in a morepositive way. One Aboriginal mother summarised the feelings of others inher community in this way: 'When we see a teacher coming we say,"Oh. Oh! Here's trouble."' (Vinson, First Report,2002, p. xi.) It takes time to develop an understanding of Indigenous culture,history and family, qualities found by the Inquiry to be necessary to bea successful teacher of Indigenous students (Vinson, Third Report,2002). Unfortunately taking time to build relationships is undermined bythe points system. What is the organisational assumption behind a policy that rewardsa teacher who has spent two years building up rapport The former name of device management software from Wyse Technology, San Jose, CA (www.wyse.com) that is designed to centrally control up to 100,000+ devices, including Wyse thin clients (see Winterm), Palm, PocketPC and other mobile devices. with students,other staff and the community with an incentive to leave? Burtonextensively studied the concept of merit in the private and publicsectors. She found that willingness to relocate is used as an indicatorof merit (Burton, 1991). The question, 'Are you willing tomove?' (to another part of the state, a rural area, a branchoffice) is used as a screening device to detect the degree of commitmentthe applicant has to the organisation compared with their loyalty totheir family, friends, and 'comfort zone'. A case could be made for a challenge to the industrial policy evenif the relevant union has agreed to it. There are precedents. In AIS vBanovic (1989) the High Court held that a 'last on first off'retrenchment re��trench��mentn.The cutting away of superfluous tissue. policy indirectly discriminated against women who had justbegun to be employed in the steel mill. In Kemp v WA Minister forEducation (1991) the Western Australian Equal Opportunity Tribunaloverruled a decision of the Industrial Relations Commission Industrial Relations Commissions are government courts or tribunal set up by a state or country to regulate and adjudicate on employment and industrial issues between employees and employers. on thegrounds that the policy relating to appointments to acting positionsadversely impacted on female teachers. Indigenous students in schoolsaffected by a policy that encourages a turnover of staff are more likelyto be denied the continuity and stability of experienced staff essentialfor a quality education. The policy is not reasonable as there arealternatives such as allowances or bonuses that could be given toteachers who are genuinely committed to engage with vulnerable studentson a longer-term basis. Implications of systemic racism The most tragic aspect of systemic racism is that failure toconform to the norms of the dominant group is interpreted both withinand outside the disadvantaged group as being the result of'natural' forces. The policies and practices have become sointegrated into the institution that their outcomes are accepted withoutquestion. The stereotype, believed by both sides, becomes'Indigenous students are just no good at school'. An exampleis an education system which unquestioningly accepts as normal thefailure of large numbers of Indigenous students to receive a qualityeducation, while at the same time calibrating the success of itsobjectives in relation to non-Indigenous students (QueenslandMinisterial Advisory Committee, 2004). Because the assumptions are seldom challenged from within theorganisation, the dominant group is able to retain the power to imposeits view of reality regardless of that of the minority group. The resultis to create: a closed shop, [where] minority group members are debarred access from its workings ... Under such circumstances, the tendency towards 'homo social reproduction'--recruitment in one's own image, on the basis of some shared social, cultural or ethnic characteristic, is greatly amplified. (Slater v Brookton Farmers Co-operative, 1990, Western Australian Equal Opportunity Tribunal, p. 78, 187). The 'closed shop' of education, like its industrialcounterpart, creates a barrier which is hard to surmount sur��mount?tr.v. sur��mount��ed, sur��mount��ing, sur��mounts1. To overcome (an obstacle, for example); conquer.2. To ascend to the top of; climb.3. a. To place something above; top. . If you are noton the inside, you don't know Don't know (DK, DKed)"Don't know the trade." A Street expression used whenever one party lacks knowledge of a trade or receives conflicting instructions from the other party. what the rules are to get in. Theindustrial model, though, can also serve here as a solution: make theselection criteria explicit, clear and objectively testable, and theprocess open and accountable. Articulate honestly, and in clear English,what the goals of Indigenous education in this country are. They must beconcrete and achievable, not vague offers of culturally appropriateprograms and supportive environments. The policies and practices described above were not driven byracism, malice malice,in law, an intentional violation of the law of crimes or torts that injures another person. Malice need not involve a malignant spirit or the definite intent to do harm. or differential treatment. Rather, their potential toproduce negative effects for Indigenous students arises merely fromunwitting organisational policies and practices where: the behaviour has become so well institutionalised that the individual [civil servant, educator, planner] generally does not have to exercise choices to operate in a [discriminatory] manner. The rules and procedures of the large organisation have already prestructured the choice. The individual only has to conform to the operating norms of the organisation and the institution will do the discriminating for him (Knowles & Prewitt, 1969, p. 143). The most striking example is the operation of the Eurocentric modelof education which, of its nature, must fail to endorse Indigenous corevalues and understandings. Indigenous people who are successful inmainstream terms have learned to live in two worlds. The majority ofAustralians are not required to do this. Few even have the skill, yet itseems to be a primary goal of education for Indigenous students. Theoutcome, and perhaps its unconscious aim, is assimilation, a policyofficially abandoned in the 1970s. What can educators do in the present to remedy the legacy of pastgovernment policies, and provide an education which is reasonable in thecircumstances? Like other inquiries and reviews, the Vinson Reportidentified the strategic problem as the need 'to engage Aboriginalstudents, strengthen their identity and increase their level ofsuccess' (Vinson, Third Report, 2002). This was certainly thehighly successful strategy adopted by Chris Sarra Chris Sarra is Director of the Queensland Government's Institute for Aboriginal and Torres Strait Islander Leadership[1]. He was previously Principal of the Cherbourg State School, a primary school in the town of Cherbourg, Queensland. , then IndigenousPrincipal of Cherbourg State School in Queensland, who reducedabsenteeism by ninety-four per cent in less than eighteen months. Hisprograms emphasised cultural heritage, pride and leadership under theschool banner of 'Strong and Smart'. Nevertheless he couldonly reduce unexplained unexplainedAdjectivestrange or unclear because the reason for it is not knownAdj. 1. unexplained - not explained; "accomplished by some unexplained process" absenteeism (Sarra, 2004). Health and housingneed attention and Indigenous-led solutions. Indigenous professionals and community members can provide positiverole models of involvement in educational programs, but the effects ofthe 'blue card' requirement and public liability insuranceneed to be examined as a matter of priority. The 'points'system, which removes teachers from remote communities just as they havebuilt up relationships with families and begun to understand thestudents' learning styles, needs institutional commitment toincentives to stay, not go. A constant turnover of staff and principalsloses the benefits of the previous two years' achievements, andundermines community confidence in the education system. There are precedents for mounting legal challenges to systemicpolicy issues. Not all of them have been successful, but because theychallenge institutional practices that affect many people they becomehigh profile. Sometimes the institution resists, like in the Sinnapancases, but more often a publicised Adj. 1. publicised - made known; especially made widely knownpublicized complaint of indirect discriminationdrives change. It was as a result of complaints that American employersbecame acutely aware of demanding educational qualifications that werenot connected to the ability to do the job, and Australian publictransport providers developed codes of practice for access for disabledpassengers. In the field of education, schools now accommodate religiousdifferences by allowing alternative school uniforms. Depending on thefinancial resources schools may be obliged to make provision forphysically and psychologically disabled students. Offering classes onIndigenous culture is only a beginning, not a solution. Underlyingpolicies need to be tested to see whether they are raciallydiscriminatory. Conclusion While they are apparently being offered the same educationalopportunities as other students, Indigenous students may be experiencingthe unintentional consequences of historical policies or economicpractices. Uncovering systemic issues will not solve the complex causesof poor performance, but may provide one front on which educators couldreasonably begin. Article 31 of the Draft Declaration on the Rights of IndigenousPeoples The United Nations Declaration on the Rights of Indigenous Peoples was adopted by the United Nations General Assembly during its 61st session at UN Headquarters in New York City on 13 September 2007. , an international document drawn up by Indigenous peoples The term indigenous peoples has no universal, standard or fixed definition, but can be used about any ethnic group who inhabit the geographic region with which they have the earliest historical connection. of theworld, their governments and non-government agencies, states that: Indigenous peoples, as a specific form of exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, including ... education. The appropriate approach would be to consult Indigenous people whoare more likely to be able to identify the hidden barriers that arepreventing their children from reaching their full potential. From thisprocess, alternatives could emerge which may, in terms ofanti-discrimination legislation, be reasonable with respect tocircumstances such as cost, educational processes and overall benefit tothe community. In the meantime Adv. 1. in the meantime - during the intervening time; "meanwhile I will not think about the problem"; "meantime he was attentive to his other interests"; "in the meantime the police were notified"meantime, meanwhile educators could examine their ownpolicies for any adverse effect on Indigenous students. 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For the old name of Falkland Islands, see Darwin, Falkland Islands.Darwin is the capital city of the Australian Territory of the Northern Territory. :Government Printing Office of the Northern Territory. Partington, G., Richer, K., Godfrey, J., Harslett, M., &Harrison, B. (1999). Barriers to effective teaching of Indigenousstudents. [Electronic version]. Paper presented at the CombinedConference of the Australian Association for Research in Education andNew Zealand Association for Research in Education New Zealand Association for Research in Education (NZARE) was established in December 1979 and its membership consists of individuals and organisations with an interest in educational research. , Melbourne. RetrievedFebruary 6, 2007 fromhttp://www.det.wa.edu.au/education/Abled/quality/Gary%20Partington%20AARE Aare(är`ə)or Aar(är), longest river entirely in Switzerland, 183 mi (295 km) long, rising in the Bernese Alps and fed by several glaciers. %2099.html Patten, H. & Ryan, R. (2001). 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(2004).'Finding a Place': An Inquiry into the existence ofdiscriminatory practices in relation to the provision of public housingand related serviced to Aboriginal people in Western Australia.Retrieved February 6, 2007 fromhttp://www.equalopportunity.wa.gov.au/pdf/finding-aplace.pdf. Zeegers, M., Muir, W., & Lin, Z. (2003). The Primacy pri��ma��cy?n. pl. pri��ma��cies1. The state of being first or foremost.2. Ecclesiastical The office, rank, or province of primate. of theMother Tongue mother tonguen.1. One's native language.2. A parent language.mother tongueNounthe language first learned by a childNoun 1. : Aboriginal Literacy and Non-Standard English. AustralianJournal of Indigenous Education, 32, 51-60. Dr Loretta de Plevitz is a Lecturer in the Faculty of Law at theQueensland University of Technology, Brisbane, Qld 4001. Emaill.deplevitz@qut.edu.au Loretta de Plevicz Queensland University of Technology