The Special Educational Needs and Disability Act 2001 Disability Discrimination Act Part 4 Education

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The Special Educational Needs and Disability
Act 2001-Disability Discrimination Act Part 4 -
Education
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SENDA 2001What is it?

• Amended the Disability Discrimination Act 1995
• Became Part 4 of the Act
• Implemented from 2002
• Applies to all higher and further education
  organisations, adult and continuing education,
  youth services and specialist colleges

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DDA Part 4 Who is protected?

• A person needs to be
• disabled under the terms of the DDA
• a student or someone enquiring about applying for
  admission or enrolment

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DDA Part 4 Who is protected?

• DDA definition of disabled person
• A person with a physical or mental impairment
  which has a
• substantial
• adverse and
• long term (lasting or expected to last for at
  least 12 months)
• effect on his or her ability to carry out
  normal day to day activities

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DDA Part 4 Who is protected?

• DDA definition of a student
• a person attending, or undertaking a course of
  study at, an educational institution. Includes
• full and part-time students
• adult and evening class students
• undergraduate and postgraduate students
• home and overseas students
• students on short courses or day schools
• distance learners and those on e-learning
• those on training courses
• students following a single module/part of a
  course
• school pupils on link courses

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DDA Part 4Responsibility

• Who is responsible?
• Governing body or local education authority
• Responsible for what?
• Employees and agents actions
• Shared responsibility

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DDA Part 4 Unlawful to discriminate in

• Admissions enrolments
• Provision of student services by educational
  institutions
• Exclusions

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DDA Part 4Student services

• Services provided wholly or mainly for students

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DDA Part 4

• Student services might include
• teaching classes, lectures, seminars, practical
  sessions
• curriculum design
• examinations and assessments
• field trips and outdoor education
• arranging study abroad or work placements
• outings and trips
• research degrees and research facilities
• informal/optional study skill sessions
  Cont.

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DDA Part 4

• Student services (continued)
• short courses day or evening adult education
  courses
• training courses
• distance and e-learning
• classrooms, lecture theatres, laboratories,
  studios, darkrooms
• laboratory equipment, computer facilities, class
  handouts etc
• libraries, learning and information centres
  Cont.

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DDA Part 4

• Student services (continued)
• information and communication technology and
  resources placement finding services
• careers advice and training, careers libraries
• job references
• job shops and employment finding services
• graduation and certificate ceremonies
• leisure, recreation, entertainment and sports
  facilities
• the physical environment
• car parking Cont.

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DDA Part 4

• Student services (continued)
• chaplaincies and prayer areas
• health, counselling, financial advice and welfare
  services
• catering facilities
• childcare facilities
• campus or college shops
• residential accommodation
• accommodation finding services

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DDA Part 4What is discrimination?

• Treating someone less favourably than someone
  else for a reason related to his/her disability
  without justification
• Failing to make a reasonable adjustment

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DDA Part 4What if I didnt know a person was
disabled?

• Have you taken reasonable steps to find out?
• Genuine opportunities to disclose
• Welcoming environment

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DDA Part 4 What to do if I do find out?

• You have the duty to pass the information on BUT
  express consent must be given beforehand.
• Implications for
• communication systems
• confidentiality policies
• Data Protection Act

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DDA Part 4 Justifications for less favourable
treatment

• the maintenance of academic standards
• reasons that are material and substantial

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DDA Part 4 Reasonable adjustments

• A responsible body must take reasonable
• steps to ensure that disabled people
• or students are not placed at a
• substantial disadvantage in
• comparison to someone who is not
• disabled

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DDA Part 4 Reasonable adjustments are
anticipatory

• You cannot wait until a disabled learner applies
  or enrols
• Implications for
• planning
• budgeting

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DDA Part 4 Reasonable adjustments and
confidentiality

• In some circumstances an adjustment may need
  to be modified because a student requests that
  their disability is kept confidential

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DDA Part 4Reasonableness

• Factors to consider
• maintenance of academic standards
• grants/loans (Disabled Students Allowances)
• other aids or services available
• financial resources
• cost
• practicality
• health and safety requirements
• relevant interests of other people including
  other students

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DDA Part 4Implementation strategies

• Evaluation current policies and provision
• Develop an inclusive culture with good support
  systems
• Train staff effectively
• Monitor provision
• Have an effective complaints procedure
• Anticipate reasonable adjustments and make them!

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DDA Part 4 Means of redress

• Internal complaints procedures
• DRC conciliation service
• County court/Sheriff court

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DDA Part 4 Means of redress

• The court may
• declare rights and/or responsibilities
• issue an injunction/interdict
• award compensation

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DDA Part 4 Key dates

• Main implementation Sept 2002
• Auxiliary aids services Sept 2003
• Physical features Sept 2005

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Article 13, EU Directive

• Likely changes to DDA Part 2 in October 2004
  which may affect education institutions
• inclusion of qualification bodies
• inclusion of work placements if part of a
  vocational course
• inclusion of employers employing more than two
  people.

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Useful Resources

• Skill DDA Guide
• Skill DVD Making the Case
• LSC Guidance Disclosing, passing on information
  and confidentiality
• LSC Leaflets for FE staff
• DRC Code of Practice
• DRC Good Practice Leaflets
• DRC Student Leaflet

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Useful Websites

• NDT ndt-helpdesk_at_apu.ac.uk
• LTSN Generic Assessment Series A briefing on
  assessing disabled students
• www.ltsn.ac.uk/genericcentre/projects/asses
  sment
• DRC www.drc-gb.org
• Techdis www.techdis.ac.uk
• QAA www.qaa.ac.uk
• Teachability www.teachability.strath.ac.uk
• Demos www.demos.ac.uk

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DDA Part 4 Further information

• Code of Practice
• DRC Helpline
• voice 08457 622 633
• text 08457 622644
• fax [phone]
• email enquiry_at_drc-gb.org
• website www.drc-gb.org

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Skill National Bureau for Students with
Disabilities

• Skill Information Service
• Voice 0800 328 5050
• Text 0800 068 2422
• Fax [phone]
• Email Skill members Membersinfo_at_skill.org.uk
• HE enquiries ndt-helpdesk_at_apu.ac.uk
• Website www.skill.org.uk
• Chapter House, 18-20 Crucifix Lane,
• London, SE1 3JW