Transcript The Reasonable Adjustment Project

Disability
Discrimination
Act
SEN Framework
Access Planning
Duty
The reasonable adjustments duty
Definition of disability in DDA:
A physical or mental impairment with
an adverse effect on the person’s
ability to carry out day-to-day activities.
Effect must be:
- substantial
- long-term
To fall within the Act, a person must be substantially
affected by their disability in one of the following
ways:
Mobility
Manual dexterity
Physical co-ordination
Ability to lift, carry or otherwise move everyday objects
Continence
Speech, hearing, eyesight
Memory or ability to learn, concentrate or understand
Perception of risk or physical danger.
For the purposes of definition, ignore the effects of medical or
other treatments or aids and appliances.
Substantial means ‘not trivial.’
Definition From December 2005
Some progressive conditions covered from
the point where the person knows they
have a condition:
Cancer
HIV
Multiple Sclerosis
Mental Impairment
“clinically well recognised criteria is
removed.
Department Work and Pensions
• Guidance on matters to be taken
into account in determining
questions relating to the definition
of disability
• www.drc-gb.org
What percentage of children may
count as disabled?
a) 5%
b) 7%
c) 10%
d) 18%
e) 30%
Possible overlap of SEN and DDA disability
definition for children and young people.
What are reasonable
adjustments?
• Reasonable adjustments are the steps
schools must take to enable disabled
pupils to participate in the life of the school
The reasonable adjustment duty
• The responsible body for a school:
– must take reasonable steps to ensure that
disabled pupils are not placed at a substantial
disadvantage
– discriminates against a disabled pupil if it fails
to take these reasonable steps to the
detriment of the pupil and without justification
The responsible body is not
required to:
• Provide auxiliary aids or services – these
are covered by the SEN framework
• Remove or alter physical features – these
are covered by the separate accessibility
planning duty under the DDA
What is substantial disadvantage?
Need to consider:
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time and effort
inconvenience
indignity or discomfort
loss of opportunity or
diminished progress for a disabled pupil
Factors that may be taken into account in
deciding what adjustments to make
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need to maintain standards
financial resources available
cost of a particular step
practicability
extent catered for under SEN framework
health and safety
interests of other pupils
Admissions, exclusions and ‘education
and associated services.’ This includes:
the curriculum
teaching and learning
classroom organisation
breaks and lunchtimes
school policies
school clubs and activities
homework
assessment and exam arrangements
timetabling
school trips
exclusion procedures
... the whole life of the school
General Duty to anticipate in
making Reasonable
Adjustments to Policies,
Practices and Procedures
Factors to be
taken into
account
Detriment of
disabled pupil
Reasonable Adjustments for
individual disabled pupil.
Claims for Disability Discrimination due to lack
of reasonable Adjustment to SENDIST upheld
in 2004-2005
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Type of Adjustment
Total 44
Trips 11-----------25%
Discipline 6- -----14%
Curriculum 4 -----9%
Bullying
2
Incontinence 2
Equipment
2
Hours
2
Behaviour
1
Meal Break
1
NA
3
• Type of Disability
• Ability to
Learn…31..70%
• Mobility………….3 ---7%
• Progressive Illness-2
• Memory…………..2
• Eyesight ………….1
• Continence………..1
• NA …………………3
Disability Discrimination claims
upheld so far….some issues
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assumptions about disabled pupils
risk assessments
administration of medicines
school trips
behaviour related to disability
bullying and isolation from peers
access to the curriculum
admissions
Essential Viewing: Activity
On the pro-forma provided identify:
• the reasonable adjustments
• the barriers they are designed to
overcome
What is on DVD 1?
• DVD 1: Essential viewing and other
topics
• Essential Viewing, an introduction to the
materials (25)
• Breaks, Lunchtimes and Clubs (10:30)
• Educational Visits (16)
• Behaviour for Learning (26)
• Meeting Personal Care and Medical
Needs (22)
What is on DVD 2?
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DVD 2: Foundation stage and primary education
Foundation Stage in maintained schools (19)
Primary School Stories:
Primary School Stories Introduction (1:30)
Goostrey Community Primary School (8:30)
Billesley Primary School (7:30)
Batheaston Primary School (8)
Primary Education:
Primary Education Introduction (4)
Curriculum and Planning (22)
Teaching and Learning (17:30)
Deployment of Staff and Resources (22)
Ethos and Whole School Development (23)
What is on DVD 3?
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DVD 3: Secondary education
Secondary school stories:
Secondary School Stories Introduction (1)
Langdon School (11)
North Leamington Community School and Arts College
(16)
Secondary Education:
Secondary Education Introduction (4)
Curriculum and Planning (22)
Teaching and Learning (21)
Deployment of Staff and Resources (22:30)
Ethos and Whole School Development (21:30)
Essential Viewing:
Jake – sports day
Barriers
Reasonable
Adjustment
Not knowing
what to do
Planning with
pupil, parent,
other agencies
DfES CD-Rom
Can’t access
activities
Parallel
activities
Fear of risk
Risk Assess
Support of TA
Activities cause
fatigue
Re-order
activities
Reasonable adjustments
What factors need to be present in a school
to enable reasonable adjustments like those
seen in the DVD to be made?
Reasonable adjustments: Key
factors
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vision and values based on an inclusive ethos
a ‘can do’ attitude from all staff
a pro-active approach to identifying barriers and
finding practical solutions
strong collaborative relationships with pupils
and parents
a meaningful voice for pupils
a positive approach to managing behaviour
… continued
Key factors … continued
• strong leadership by senior management and
governors
• effective staff training and development
• the use of expertise from outside the school
• building disability into resourcing arrangements
• a sensitive approach to meeting the impairment
specific needs of pupils
• regular critical review and evaluation
• the availability of role models and positive
images of disability
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Reasonable adjustments in the classroomchecklist
Pre Planning Information
What preparations have you made?
Are lesson planned to support all learners?
Are you using different teaching styles?
Are prepared materials accessible?
Have you thought about self presentation?
How will you use support staff?
How have you organised the classroom?
How will you group pupils in the lesson?
How will you deal with unexpected incidents?
How will you ensure all pupils feel equally valued?
How will you assess outcomes for all learners?