VICTORIA EATHORNEVICTORIA EATHORNEDisability AdvisorDisability Advisor

RCN Learning RCN Learning RepresentativeRepresentative

The Disability The Disability Discrimination Act 2001 Discrimination Act 2001 and its implications for and its implications for Education & TrainingEducation & Training

for Learning for Learning RepresentativesRepresentatives

AIMSAIMS

To outline ….• D.D.A. 1995• S.E.N.D.A. 2001• Implications for Learning Reps• D.R.C. -Good Practice Codes

BackgroundBackground• Disabled people are twice as likely as non-disabled

people to have no qualifications whatsoever • One in five pupils will be identified as having a

'special educational need' while at school • One in twenty disabled people are at a college of

further or higher education or university - compared to one in ten of the rest of the population

• More than double the number of disabled people are out of work compared to non-disabled people

Disability Discrimination Act 1995

Those providing goods, facilities or services have duties-

• Not to refuse a service• Provide worse standards OR• Offer service on worse terms

on grounds of a person being disabled

Disability Discrimination Act 1995

Also Covered

• goods, facilities, services and premises

• Employment• Letting & Selling

property

AND• Education

• ONLY obligation to produce an annual statement

SENDA 2001 SENDA 2001 from September 2002 (1) It is unlawful for the body

responsible for an Institution to discriminate against a disabled person-

(a) in the arrangements it makes for determining admission to the Institution as a student;

(b) in the terms on which it offers to admit him to the Institution as a student; or

(c) by refusing or deliberately omitting to accept an application for his admission to the Institution as a student.

(2) It is unlawful for the body responsible for an Institution to discriminate against a disabled student in the education or associated services provided for, or offered to, students at the Institution by that body.

Main duties under SENDA 2001

1- Not to treat disabled RCN members less favourably

2- To make reasonable adjustments to avoid putting the disabled participant at a substantial disadvantage

Associated services...• Policies• Clubs and activities• Assessment and

exams• Trips• Homework• Sports• classroom

organisation

• Access to facilities• Grouping of

students• Breaks and

lunchtimes• Serving of meals• The curriculum• Preparation for entry

to the Institution

Who is covered?

Disabled persons as defined by the DDA 1995

Someone who has a physical or mental impairment which has a substantial and long-term adverse effect on his or her ability to carry out normal day to day activities

Codes

• Schools and Post-16• Consultation ended Oct 2001• School nurses forum contributed

to RCN response• Code commenced in May 2002

Learning Representatives

• Learning Reps assist members with professional development

• Accessing education and training courses

• Pre and post registration courses

Supporting RCN members

• Identify disabled RCN members• provide support• link with training departments,

universities, colleges, LTSN• negotiate with employers; workshops,

events, training needs

Supporting Learning Reps• LCET team provide training for

learning reps across the UK• RCN Adviser on Disability issues• Distance learning pack on

DDA/SENDA• Paid time off in the workplace• Network with the LTSN• Lead officer in each RCN Region

Implications for Learning Representative

• Concepts - medical or social model?• Accommodating disabled RCN members in Accommodating disabled RCN members in

learning needslearning needs• Disability Awareness training• ‘‘Positive about disabled people’Positive about disabled people’• ‘Reasonable adjustments’ - advocate and

advise• Advice & training e.g. medicationAdvice & training e.g. medication• Understanding needs and behaviour related

to the RCN members impairment

Implications for Learning Representative

• Funding• specialist support/technology• staff development• quality/policy issues• examination and assessment• identification of students• practice risk

‘‘Education in HealthEducation in Health• Lifelong learning• Liberating the

Talents• Working Together;

Learning Together• National Bureau for

Students with disabilities (SKILL)

• Learning & Teaching Support Network

• Learning & Skills Council

• NHSU• Union Learning

Fund

Further information• http://www.drc-gbhttp://www.drc-gb• ‘Education for all’ DRC Campaignhttp://www.drc-gbhttp://www.drc-gb.org/drc/Campaigns/

Page431.asp• Schools Code- Published May 2002(also Post-16 Code)• Special Educational Needs and

Discrimination Act 2001