Legal frameworks for devolution in regular and special education

This paper presents a discussion of legislative frameworks that mandate schools to define their own educational processes and systems. The political and constitutional implications are discussed for Australia compared with the existing structures in the United Kingdom and the United States. As decentralisation varies considerably in Australia between states and territories, the State of Western Australia is selected as an example. Specifically an analysis of the approach adopted by Western Australia is evaluated for the need for effecting equality of regular and special education. It is argued that new education laws are essential to promote equity in restructured systems.