The ACT Education Directorate has defended its decision to isolate the child at the centre of the autism cage scandal from his classmates and to transfer him to high school early, saying it had to balance the rights to a safe environment for students and staff.
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The now 12-year-old student was locked in a cage on a handful of occasions in early 2015, to deal with his extreme behaviour.
In May this year he was moved to a separate building at his primary school and has now been transitioned to high school six months early, despite the concerns of his family.
Fairfax Media understands the family have sought the intervention of the ACT Human Rights Commission and is awaiting mediation with the directorate.
Meanwhile the case, and that of 54 other instances of possible human rights violations of students with disabilities, is also being considered by the United Nations.
In a written statement, the ACT Director of Student Engagement Jacinta Evans said "the Directorate understands the concern of the family and the community interest in the matters that have been raised. As the complaint is presently the subject of formal consideration, and possible conciliation, by the Human Rights Commission, it would be inappropriate for the Directorate to respond to the specific questions regarding the substance of the complaint, the students or the school."
Ms Evans said both the rights of staff and students to work and learn in a safe environment had to be balanced in this case.
The move to isolated the boy came after nine incidences in which he had hurt 15 people since the start of the year.
Ms Evans said "If the safety of staff or students is compromised, it may be necessary to make alternate classroom arrangements for particular students, including accessing a variety of individualised learning spaces, and supervised contacts with their peers."
On the directorate's decision to transfer him to high school ahead of his classmates, Ms Evans said "while changing schools can be challenging, after some transition time most students prefer to settle into the new environment permanently, rather than have to manage two different environments over an extended period of time."
The directorate had provided a formal response to the Commission over its decision-making in relation to the child and was awaiting further communication.
