The Special Educational Needs and Disability Act 2001.
-
Upload
xavier-mahoney -
Category
Documents
-
view
219 -
download
4
Transcript of The Special Educational Needs and Disability Act 2001.
The Special Educational Needs and Disability Act
2001
The Special Educational Needs and Disability Act
2001
•Amends the Disability Discrimination Act 1995•Becomes Part IV of the Act•Implemented from 2002
DDA (1995) - who is disabled?
According to the Act an adult or child is disabled if:
he or she has a physical or mental impairment that has an effect
that has a:• substantial• adverse; and• long term (lasting or expected to last for at least a year)
on his or her ability to carry out ‘normal’ day to day activities
DDA Part IV:(Education)
Coverage
• All higher and further education sector institutions
• other ‘designated’ institutions
• LEA and education authority post-16 provision
DDA Part IV:(Education)
Who is responsible?
Governing body
Responsible for whom?
Employees and agents
DDA Part IV:Discrimination is:
• treating someone less favourably than someone else for a reason related to his/her disability without justification
• failing to make a reasonable adjustment
DDA Part IV
Unlawful to discriminate in• admissions & enrolment and
arrangements or terms for admissions/enrolments
• provision of ‘student services’ (education and training) or ‘services’
• exclusions
DDA Part IV
‘Student Services’ might include:• teaching: lectures, seminars, tutorials etc• examinations and assessments• field trips• arranging study abroad or work placements• research• informal study skill sessions• evening adult education or short courses• training• distance and e-learning• classrooms, lecture theatres, laboratories, studios, dark rooms• laboratory equipment, computer facilities, class handouts etc• libraries, learning and information centres Contd….
DDA Part IV
‘Student Services’ might include:• job references
• job shops
• graduation certificate ceremonies
• leisure, entertainment and sports facilities
• the physical environment
• chaplaincies and prayer areas
• health, counselling and welfare services
• catering
• car parking
• residential accommodation
• accommodation finding services
DDA Part III
• Catering facilities• sports facilities (when not being used as part of a course such as sports
science)• parking policies• careers services• counselling services• financial and other advisory services• accommodation finding services• chaplaincies• health centres• residential accommodation• student unions and their facilities• disabled students services
DDA Part IV Disclosure and less favourable treatment
• lack of disclosure
• reasonable steps to find out
• disclosed to whom?
DDA Part IV
Justifications:
• academic standards
• standards of a ‘prescribed kind’
• ‘prescribed’ kinds of treatment
• material and substantial
DDA Part IV
Must take reasonable steps to ensure students are not placed at a ‘substantial’
disadvantage
DDA Part IV
Adjustments to -• premises• course content, including work placements• teaching arrangements• additional teaching• communication support or services• materials and information in alternative formats• staff training• policies• transport to and from further education• employing support workers
DDA Part IV
Issues affecting adjustments:
1. Anticipatory
• a duty owed to disabled people and students at large
• not simply to individuals
DDA Part IV:
Issues affecting adjustments:
2. Disclosure
• if institutions did not and could not reasonably have know about disability
DDA Part IV:
Issues affecting adjustments:
3. Confidentiality
• adjustment must be consistent with any request for confidentiality
DDA Part IV
Criteria for judging ‘reasonable’• Academic standards• financial resources• grants/loans• cost• practicality• other aids or services available• health and safety• relevant interests of other people including other
students
DDA Part IV
Implementation Sept 2002
Auxiliary aids & services Sept 2003
Physical features Sept 2005
Code of Practice March 2002
DDA Part IV
Conciliation (DRC)
County/Sheriff Court
• compensation
• injunction/interdict
• declaration of rights and/or responsibilities