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Judith Mole
Direct Learn Training Ltd.
[email protected]
www.directlearn.co.uk
Using ICT and ILT to
comply with new
Disability Legislation
Purpose of the session
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To advise on current and
forthcoming education/disability
legislation
To offer advice on using ICT/ILT in
complying with the above
legislation
To provide sources of further
information and assistance
Legislative Framework
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Education Act 1993
The Building Regulations 1991
Tomlinson Report
Disability Discrimination Act 1995
Human Rights Act 2000
The SEN and Disability Rights in
Education Bill (2001?)
What the law currently requires
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DDA 1995
since 2 December 1996, it has been unlawful for
service providers to treat disabled people less
favourably for a reason related to their disability;
since 1 October 1999, service providers have
had to make “reasonable adjustments” for
disabled people, such as providing extra help or
making changes to the way they provide their
services; and
from 1 October 2004, service providers may have
to make other “reasonable adjustments” in
relation to the physical features of their premises
to overcome physical barriers to access.
What the law currently requires
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DDA 1995
Although education is excluded from Part
III of the Act, other non-educational
services which are provided by a college
on its premises are subject to the Act.
The law requires colleges to provide
information on access to education for
disabled pupils and students. Other
legislation makes provision for the
education of disabled people.
What the law currently requires
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Human Rights Act 2000
Part II of the First Protocol, Article 2,
'Right to Education' states: "No person
shall be denied the right to education.[ ]”
What the new legislation will
require
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The SEN and Disability Rights in
Education Bill (2001?)
‘comprehensive enforceable civil rights’ for
disabled people in pre- and post-16 education in
England, Scotland and Wales. It has major
implications for further and higher education
institutions, for the way the curriculum is
delivered and students are supported.
The law will make it unlawful ‘unjustifiably’ to treat
a disabled person less favourably for a reason
relating to a disability. An example of a
justification for less favourable treatment might
include where health and safety would be
endangered.
What the new legislation will
require
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The law will require institutions to make
‘reasonable adjustments’ where current
arrangements of physical features place a
disabled person at a substantial disadvantage.
A number of areas where adjustments may need
to be made:
Admission, administrative and examination
procedures e.g. developing a learner agreement
with a student or extra time in exams
Course content and work placements e.g.
adapting course materials or providing support
for finding an accessible placement
What the new legislation will
require
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Physical features of premises e.g. access to labs
and classrooms
Teaching arrangements (e.g. adapting teaching
methods)
Provision of additional teaching (e.g. training for
dyslexic students in using specialist software)
Provision of communication and support services
(e.g. a BSL interpreter or technical support for a
disabled student using a computer)
Provision of information in alternative formats
(e.g. handouts on disc for a blind student)
Training for staff (e.g. disability awareness, or
how to communicate with a lip reader)
What the new legislation will
require
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An anticipatory duty
Institutions will be expected to anticipate
the needs of disabled students and
applicants in making their provision
accessible.
Disclosure
Action will not be required if the
institution does not know a students
disability. Institutions will be expected to
take reasonable steps to find out if
individuals are disabled.
Other considerations
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Funding will be supplied through the
FEFC (£172m for FE and HE)
The Acts will be enforced through the
courts and case law with substantial
compensation for those who have been
discriminated against
An education provider will not be
required to do anything under the new
duties that will result in a breach of legal
obligations under other legislation or
enactment, e.g. building regulations or
fire regulations.
How do you comply?
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Checklist is available from the QAA
for HE
http://www.qaa.ac.uk/public/cop/co
pswd/pre1%5F12.htm
Using ICT/ILT to comply
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The management of the
business of the College
Admissions
Enrolment
Statistical Information
Informing tutors of their student groups
Getting feedback from disabled students
Time table and rooming arrangements
Completing Learner Agreements for disabled
students
Informing staff and students of policies and
procedures
Using ICT/ILT to comply
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Curriculum Design
Flexible/alternative means of
participation
alternative means of
completing/submitting assessment
Teaching materials in alternative formats
Information and research facilities
accessible to sensory impaired students
Using ICT/ILT to comply
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Staff Development
Providing deaf/disability awareness for
staff
Information on teaching and learning
issues for disabled students in their
subject
Information on sources of support and
advice
Information on assistive technology
Links with external support providers
Using ICT/ILT to comply
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Information for students
Disability Statement
Disability Contacts
Physical Access
Placement Opportunities
Programme Specifications/Course
Content
Examination Schedules
Policies and Procedures
Benefits of using ICT/ILT to
comply
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Cost effective
Easy access to information for staff
and students
Alternative formats
Flexible access to information
Useful Resources
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www.skill.org.uk
www.disinhe.ac.uk
www.disability.gov.uk
www.cast.org/bobby/
www.w3.org/TR/WAI-WEBCONTENT
www.microsoft.com/enable/dev/web/default.htm
www.abilitynet.co.uk
www.computing.dundee.ac.uk/projects/dmag/
niad.disinhe.ac.uk
www.ndcs.org.uk
www.rnid.org.uk
[email protected]
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Any Questions?