Transcript Educating a diverse student body: Students with Disabilities

Inclusive Curriculum, Students
with Disabilities and the Law
Kath Botham
Statistics in Education
• Education : ODI Annual Report 2008, (www.odi.gov.uk)
– 51% of disabled persons had qualifications (71%
non-disabled)
– 28% of disabled 19 year olds in HE (41% nondisabled)
– 8% disabled population have a degree (17% of non
disabled)
Statistics in Education
• Numbers in HE (HESA 2007/8)
– 62,510 : 7% HE of population
– 43% SPLD, 16% Unseen disability
– Tripled in 10yrs (23, 940 3.8% in 1997/98)
– Withdrawal from HE in year 1 :
• 8.6% disabled without DSA,
• 5.6% with DSA ,
• 7.1% non disabled
Disabled Students at MMU
Dyslexia
2005/06
1306
2006/07 2007/08 2008/09
1323
1618
1476
Visual Impairment
Hearing Impairment
Mobility/ Physical
Mental Health
33
73
113
99
33
70
112
100
46
76
101
120
46
61
69
136
Unseen
Multiple Disabilities
Total
202
106
1932
224
113
1975
239
146
2346
226
153
2167
LEGISLATION & DISABILITY
Equality Act 2010
• 1st October 2010 : Consolidated all previous equality
legislation
• Protected Characteristics :These are the grounds
upon which discrimination is unlawful.
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Age,
Disability,
Gender reassignment,
Marriage and civil partnership,
Pregnancy and maternity,
Race,
Religion or belief,
sex
sexual orientation
• Previous protection maintained and extended
– Discrimination in recruitment now illegal
– NEW – Discrimination by Association
– Pregnant women /mothers
• Breastfeeding
• School children
– Public sector – ALL protected groups
– Legislation extended to private clibs
Other Equality Legislation
• Human Rights Act (1998)
– incorporates European Convention of Human Rights into
domestic law
• DDA 2005 :Disability Equality Duty
– HEI’s must be proactive in ensuring disabled students are
treated fairly & equally
– Achievements must equal non disabled students
– Draw up a Disability Equality Scheme
• Equality Act (2006)
– established a single commission Equality & Human Rights
commission replacing:
• Equal Opportunities commission, Disability Rights commission &
Commission for Racial Equality
– Expanded anti discrimination legislation related to gender,
religion & belief & Sexual orientation (2007)
Legal definition of disability
• A physical or mental impairment which has a
substantial and long-term adverse effect on a
person’s ability to carry out normal day to day
activities.
• Temporary injuries (eg broken leg, acute mental
illness) are not covered under this definition
– Adjustments are therefore at the discretion of their
academic department.
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Discrimination (in HE)
• The Equality Act recognises four forms of
discrimination:
– Direct discrimination : “Must not treat a student
less favourably” “Substantial disadvantage”
– Indirect discrimination: illegal to “apply a
provision, criteria, practice for all students that
has the effect of putting one group at
disadvantage”
– Harassment
– Victimisation
Reasonable Adjustment
• Duty to take reasonable steps to remove the
disadvantage
– Changing provisions, criteria, practice
– Physical features
– Auxiliary aids
• What is Reasonable?
– Practicality
– Effectiveness
– Disruption
– Availability of finance
• Anticipatory element
Competence standards
• an academic, medical or other standard applied by or
on behalf of a HEI for the purpose of determining
whether aperson has a particular level of ability (DDA
Pt4, section 28s)
• Competence standards cannot justify direct
discrimination but may justify indirect discrimination.
• Standard must be:
– Genuine
– Applied to all students
– Proportional to the aim sought
• If standard meets requirement above no need for
reasonable adjustments
Disclosure and Confidentiality
• HEI’s have to prove have taken reasonable steps to
encourage disclosure.
• DDA states once disclosed to a member of the organisation
may be deemed to have disclosed to the organisation
– Once explicit, written consent has been gained
• Following disclosure
– Duty of organisation to pass on appropriate information to all
relevant staff
– External organisations – requires additional consent
• Non disclosure/Confidentiality
– Disabled person has right to request confidentiality
– Reasonable adjustments can only be made within request for
confidentiality
MMUDisclosure guidelines & authorisation form:
http://www.mmu.ac.uk/academic/studserv/learningsupport/pdf/Discl
osure%20guidelines.pdf
MMU Disability Equality Scheme
http://www.mmu.ac.uk/humanresources/equalities/positive/index.php
“MMU is working hard to embed the principles of equality and
fairness into the heart of everything it does. Our equality
policies and plans help set out what kind of University we
want to be and how we will achieve this.” (2007)
Success will:
– Attract, recruit and retain students from a wide variety of
backgrounds
– Recruit and promote staff fairly on the basis of relevant criteria and
merit
– Develop an inclusive learning, teaching and working environment
– Effectively tackle discriminatory practices, behaviour and language in
line with the University's regulations and procedures
• Following Equality Act, 2010 a Single Equality Scheme and
Action Plan in December 2010.
References
• Equality and Human Rights Commission ( now includes Disability
Rights Commission)
http://www.equalityhumanrights.com/en/Pages/default.aspx
• Disability Archive – University of Leeds
www.leeds.ac.uk/disability-studies/archiveuk/
• Deegan (1992) Psychological Rehabilitation Journal, 15,p3-19
• Partners in Practice (nd) Different Differences . . . University of
Bristol, University of West of England, Penninsula Medical
School
• www.direct.gov.uk/DisabledPeople/RightsAndObligations
• www.disability.gov.uk/dda