Transcript No Slide Title

Putting
Disability Rights on the
Education Agenda:
The DRC Code and SENDA 2001
Philippa Russell
The SEN and Disability Act 2001
SEN
arrangements
Disability
Discrimination
duties
Planning duties
Putting disability on the education
agenda – some key messages
• Wide welcome for Government’s
implementation of key recommendations
in Education in the DRTF report and for
the commitment to access and
achievement for all children and young
people
• 1.5 million children with statements, but
only 15% of primary and 7% of
secondary schools are fully accessible
Disability on the education
agenda – more challenges
• Only 40% of young disabled people aged 16-17
have GCSE grade A-C or equivalent, compared
to 56% of non-disabled 16-17 students.
• Disabled people are seven times more likely
than non-disabled people to be unemployed and
living on benefits
• 81% of respondents to DRC ‘education omnibus’
survey thought disability should be core
component in curriculum for all students
Disability on the agenda – what
do parents and pupils think?
• ‘Schools are children’s natural
communities…they are the pathways to
citizenship and an ‘adult life’ [parent]
• ‘I want to get a life – get a girlfriend,
get a job, get a home of my own – just
get a life. But I’ve got to get into
education first.I want my school to say,
you CAN do it all!’ [pupil]
Part I of the SEN and Disability Act
The SEN Framework
• Strengthens the right to mainstream education
(amending Section 316 of the 1996 Education
Act)
• Presumption of mainstream subject to parental
views and effective education of other children
• Evidence will be expected as to what efforts
have been made to include pupils and why this is
not feasible
Part I of SENDA cont…
• LEAs required to make arrangements for
services for advice and information to
parents and for disagreement resolution
(parent partnership services and
mediation)
• Schools can request a statutory
assessment and must inform parents if a
child receives special educational
provision
Definitions of Disability
• ‘A child has a learning difficulty if he/she has a
disability which prevents or hinders the child
from making use of educational facilities of a
kind generally provided for children of the same
age in schools within the area of the local
authority.’ [Education Acts 1981/93/96]
• ‘A person has a disability if he/she has a
physical or mental impairment that has a
substantial and long-term adverse effect on
his/her ability to carry out normal day-to-day
activities’. [DDA 1995]
Disability
Discrimination
SEN
support
Auxiliary aids
and
services
duties
Planning duties
Physical
access
Disability
Discrimination
SEN
support
Auxiliary aids
and
services
duties
Protection
from
discrimination
Planning duties
Physical
access
Protection
from
discrimination
Who and what are covered?
Disabled pupils and potential pupils
Every aspect of school life: admissions, education, exclusions
The ‘responsible body’ for the school
Protection
from
discrimination
2 key duties:
* not to treat less favourably
*to make reasonable adjustments
What is ‘less favourable
treatment’?
• The test for ‘less favourable treatment’
is whether a disabled pupil is being less
favourably treated ‘than another pupil
without a disability ‘
• The ‘less favourable treatment’ must
relate to ‘a reason related to his/her
disability’
Reasonable adjustments are made to :
- To ensure no substantial disadvantage
- The comparison test is to pupils who are
- not disabled
-There may be ‘justification’ for not maki
-particular adjustments
Protection
from
Auxiliary aids discrimination
and
services
Physical
access
Protection from Discrimination:
Auxiliary aids and services
Physical adaptations/Curriculum access
Reasonable adjustments: Factors
that may be taken into account:
- Standards
-Resources
-Costs
-Practicability
-SEN provision
-Health and safety
-Interests of other pupils
Changing Physical Features
• Changing physical features come within
the planning duties. Physical features
are:
• ‘anything on the premises arising from a
building’s design or construction or the
approach to, exit from or access to such
buildings; fixtures and fittings;
furnishings; equipment or materials and
any other physical element …whether
temporary or permanent.’
The ‘Tom White Case’
• Clitheroe Grammar School found guilty of
discriminating against pupil Tom White,
by excluding him from going from a
school water sports trip to Germany
• The school was criticised for refusing
Tom White permission to go on the
school trip because it did not have a risk
assessment policy and had not taken
advice from Tom’s medical advisers.
Prospective duties: the three
‘strands’ of the ‘Planning Duty’
- Increasing physical accessibility
- Improving access to the curriculum
- Provision of information
Other duties and
responsibilities
• The LEA’s ‘residual duty’ covers all
policies (eg EYDCPs, transport,
sport, culture, policies on delegation
of budget etc.)
• The right to confidentiality
• Victimisation
Resolving Disputes
• Information and advice from Parent
Partnership Services
• Mediation/dispute resolution at local
level
• Disability Rights Commission –
Conciliation Service
• SEN and Disability Tribunal
Partners in Change: Strategic
Alliances with Health/Social Services
• Multi-agency working – accessible and
inclusive education needs strong working
relationships with health and social
services
• Maximising impact of wider Government
initiatives (the NSF – now prioritising
disabled children, Quality Protects)
‘Gazing into the Crystal Ball’
• Maximising the impact of a more
inclusive National Curriculum
• ‘Value added’ and school improvement acknowledging progress in access and
inclusion
• The citizenship agenda (partnership and
participation)
Learning from achievements…
• Many inclusive schools are demonstrating
high achievement for all pupils!
• Successful schools engage whole school
community in change and development –
eg Index for Inclusion
• Alliances important across services and
sectors – and with parents and pupils!
NEXT
STEPS
Disability
Discrimination
SEN
support
The SEN
Framework
Planning duties
DRC Code
of
Practice
Planning
guidance
CONTACTING THE DISABILITY
RIGHTS COMMISSION
• The Disability Rights Commission’s Help
Line and Case Work Service can be
contacted on:
• 08457 622 633 or by e-mail on:
• Enquiry @ drc-gb.org
• The DRC Website is: www.drc-gb.org