Transcript www.directlearn.co.uk

Judith Mole
Direct Learn Services Ltd.
[email protected]
www.directlearn.co.uk
Disabled Students and
Admissions Legislation, Obligations
and Good Practice
Purpose of the Session
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To advise on new legislation
To inform on the impact of new
legislation on admissions
procedure
To provide information on good
practice on the process for
admission of disabled students
Legislative Framework
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Disability Discrimination Act 1995
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Human Rights Act 2000
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The Special Educational Needs and
Disability Act 2001
National Context
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HEFCE initiatives on disability
The QAA Code of Practice for Students
with Disabilities
SEN and Disability Act 2001
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‘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.
The law will make it unlawful to ‘unjustifiably’
treat a disabled person less favourably for a
reason relating to their disability. Specifically,
the law will make it unlawful to discriminate
against a disabled person with regard to:
admissions
the services the college provides to students
SEN and Disability Act 2001
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The Disability Rights Commission's (DRC) draft
code of practice states:
"The Act makes it unlawful for a responsible body
to discriminate against a disabled person:
 in admissions or enrolment of students;
 in the terms on which admissions or
enrolment offers are made;
 by refusing or deliberately omitting to
accept an application for admission or
enrolment;
SEN and Disability Act 2001
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This means that a college cannot refuse
admission to a student on the grounds of their
disability, and the college has an obligation to
make reasonable adjustments so that disabled
students can access the same services their
able-bodied peers can access.
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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.
SEN and Disability Act 2001
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Time scales for the implementation of the
Act are as follows:
Until October 2001- Consultation exercise
on CoP.
March 2002 - Final code of practice will be
published
1st September 2002 - New legislation will
be in force (with two exceptions)
1st September 2003 - Auxiliary staff and
services must be provided
1st September 2005 - Physical adjustments
to buildings and teaching spaces have to be
implemented.
Exemptions to the Act
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college is not liable and where the
adjustments would be seen as
unreasonable. The college is not liable: - if the student or applicant has chosen not
to declare their disability;
- if adjustment would undermine/lessen
academic standards;
- they are prescribed by an external body
(e.g. medical/health courses, dentistry or
teacher training, some dance courses).
How do you comply?
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QAA Code of Practice states:
“In selecting students institutions should
ensure equitable consideration of all
applicants.
Institutions should consider:
ensuring that criteria and procedures used
for selecting students are relevant to the
requirements of the programme, including
any professional requirements, and do not
unjustifiably disadvantage or debar
applicants with disabilities;
 ensuring that appropriate support
is offered and available for
applicants attending interviews
and other selection activities;
 providing disability
awareness/equality guidance and
training for all tutors and
administrative staff involved in
selection and admissions;
 where appropriate, offering
disabled applicants the opportunity
to demonstrate their ability to use
alternative ways for meeting
programme requirements.
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Disabled applicants' support needs should
be identified and assessed in an effective
and timely way, taking into account the
applicant's views.
Institutions should consider:
 developing an environment within
which individuals feel able to disclose
their disability;
 providing specialist advice which
draws on recognised sources of
expertise to assess applicants'
support needs, in order to ensure that
decisions by admissions tutors and
disabled students are as wellinformed as possible;
 developing systems which ensure
that applicants with disabilities are
not subject to undue disadvantage
in terms of support if they apply
later through the 'clearing'
procedure;
 drawing up agreements with
individual disabled students and
all concerned parties which
specify details of support and
other arrangements, including
those for course examinations and
assessments.
What is unlawful practice?
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Examples:
attending an interview
attending classes independently
omitting applications from disabled students
literacy/aptitude tests which no other student
needs to complete
if the communication between admissions
departments and other departments breaks
down
If the student fails to declare their disability
How do you comply?
Checklist:
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Is you institution positive about disabled
people and would they want to come to you?
Does your admissions process have
unnecessary barriers to disabled students?
Are your departmental admissions criteria
non-discriminatory?
What mechanisms are in place to overcome
these barriers?
Do your direct entry admissions forms ask
about information on disability?
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Does everyone in your department know
how to identify an application from a
disabled student?
Does your department work closely with your
support department for disabled students?
Do you advise applicants about the support
service for disabled students?
Are the materials you use accessible?
What procedure do you have to inform your
support department for disabled students
about a disabled applicant?
Does your admissions policy separate the
academic assessment from the needs
assessment?
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Are admissions tutors given guidance or
training in interviewing disabled students?
What is the procedure for making interview
or selection events support arrangements,
e.g. who books the interpreter or reader?
Have you addressed the resource
implications for support at interviews?
Do you always make an offer if the disabled
student meets all the academic criteria?
What process is there to inform relevant
departments of the needs of the student?
What do you do if the student fulfils the
academic criteria but your buildings are not
accessible?
Useful Resources
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www.skill.org.uk
www.drc-gb.org/
www.dfes.gov.uk/
www.hmso.gov.uk
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Any Questions?