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The Disability Discrimination Act (DDA) 1992 in effect requires education systems to positively respond to all of the education requests of people with a disability, including providing the necessary supports and environmental adaptations. The exceptions to this are covered under the 'unjustifiable hardship' provisions. Despite the DDA, discrimination in education against students with a disability continues to occur, particularly where the student has an intellectual disability. This paper argues that safeguards are needed, with particular emphasis on preventative, corrective and developmental safeguards. It considers both current and potential processes for compliance promotion, including overseas practice. Keyword: Education, Legal