Transcript Inclusion and Disabled Students: Reasonable Adjustments

Including Disabled Students in
Universities: The Legal Context
in the UK in 2007
Alan Hurst Trustee, Skill-National
Bureau for Students with
Disabilities, London
Why Do We Need Legislation? 1
Disabled people face barriers trying to enter third
level education
10% of 16-24 year olds are disabled (Disability
Rights Commission)
Half as many disabled people of working age are
in employment
Disabled graduates no more likely to be
unemployed that non-disabled graduates
Why Do We Need Legislation? 2
Progressing in education and getting
training and qualifications reduces the
unemployment statistics for disabled
people
Less reliance on state benefits plus
disabled people who are employed
contribute their taxes to the state
The Disability Discrimination Act
1995
Defines disability – a physical or sensory impairment
which has a substantial and long term adverse effect on
a person’s ability to carry out day-to-day activities
Defines discrimination – treating someone less
favourably that someone else for a reason related to
her/his disability without justification
Justifications include:
maintenance of academic standards
reasons that are “material and substantial”
The Special Educational Needs
and Disability Act 2001
This is Part 4 of the 1995 Act and it applies anti-discrimination law to
education
What is discrimination?
Failure to make a reasonable adjustment
A responsible body must take reasonable steps to ensure that
disabled people or students are not placed at a substantial
disadvantage in comparison to someone who is not disabled
Duty to anticipate disabled students’ needs
Who Does the Law Protect?
The law gives individual rights to a person
who is:
disabled under the terms of the law
a student or someone enquiring about
applying for admission or enrolment
Reasonable Adjustments
Alternative assessment arrangements
Accessible work placements
Accessible applications procedures
All services for students e.g. library, catering
etc.
All learning and teaching materials in
accessible formats
Accessible teaching practices
The Institution’s Responsibilities
• Take reasonable steps to find out about
people’s disabilities
• Respect requests for confidentiality
• Be aware that this might affect the ability
to make all effective reasonable
adjustments
• Conform to the data protection law and no
pass on information without the
individual’s permission
The Question of Disclosure
Institutions must encourage students to
disclose using as many opportunities as
possible
Review what happens to the information
Liaison with other organisations
On-going opportunities to disclose
Evidence of disability
Disclosure – A Recent Case
• Student enrolling for a course was
discouraged publicly from taking the
course
• Personal details, academic history and
medication discussed in a corridor and
could be heard by other students
• Case referred to the Disability Rights
Commission
The Settlement
• A full apology
• Assurance that the institution would learn
from the experience and other students
would be treated better
• Guidance on confidentiality issues drafted
and circulated to staff
• Review of institution’s disability policies
and the admission arrangements
• Disability Equality and DDA training
Discrimination and Risk
Assessment
• Some students choose not to disclose because
they fear they will be prevented form doing what
they want because of compliance with health
and safety laws
• Health and safety must be complied with BUT
the DDA says it must not be used in a dishonest
way to avoid admitting a student, making a
reasonable adjustment and providing
appropriate support
Risk Assessment and Institutions
• Part of procedures within all organisations
and not only for disabled students
• Trying to move away from crisis
management
• Need to assess individuals and with the
individual included i.e. not a complete ban
on those with a particular kind of disability
• Decision –making clear to all
When Should Risk Assessment
Occur?
• During the transition process before
enrolment
• Work placement/work
experience/fieldwork/study
abroad/specialist facilities such as
laboratories
• Changes in site or to student’s study
programme
A Recent Case
• A student with epilepsy was asked to sign a
learner agreement with additional terms not
required of non-disabled students
• Its wording demonstrated poor understanding of
disability equality
• Open discussion of medical evidence and then
request for more evidence before place on
course confirmed
• Student used institution’s complaints procedures
A Recent Case: The Outcomes
• Case successful – institution
acknowledged its poor practices
• Apology
• Place on course confirmed
• Compensation for distress
• Settled before going to court
Case Law and Conciliation
Conciliation cases in education feature:
Reasonable adjustments not being put in place
Reasonable adjustments not being there in time
despite the fact that students have given good
notice
Lack of sensitivity and respect for confidentiality
Case Law and Universities
Senior staff have been required to:
Make full apologies
Give an assurance that the institution has learned
from the experience and future students will be
treated better
Undertake formal staff development including
disability equality training
Review procedures on admissions
Pay compensation for distress and hurt feelings
The Newest Law
The Disability Discrimination Act
2005
General duties placed on public bodies including
universities and colleges to:
eliminate unlawful discrimination
promote equal opportunities
eliminate disability-related harassment
promote positive attitudes towards disabled
people
encourage participation by disabled people in
public life
Specific Duties
• Disability Equality Schemes (DES)
• By Dec 2006 institutions had to publish
their DES
• DES must demonstrate how general and
specific duties being met
• Report annually on progress
The Basic Requirement for
Universities
By December 2006 universities, colleges
national and local government bodies
providing education had to devise and
publish a Disability Equality Scheme
(DES) and must involve disabled people in
the process of producing the DES
Undertaking the Specific Duties
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Preparing action plans
Involving disabled people
Collecting evidence
Analysing evidence
Assessing impact of policies and proposed
policies
Involving Disabled People
• Identifying the barriers faced by disabled
people and unsatisfactory outcomes
• Setting priorities for action plans
• Assisting in planning activity
• Assessing the impact of existing and
proposed policies
• Monitoring the success of initiatives taken
• Reviewing and revising the DES
Collecting Evidence 1
• DES must include a statement on
• a) how the institution has collected
information on the effect of its policies and
practices on disabled people
• b) the effects on the recruitment,
development and retention of disabled
staff
Collecting Evidence 2
• c) the effect on educational opportunities
available to and the achievements of
disabled students
• d) The extent to which the services it
provides and the ways in which it functions
takes into account the needs of disabled
persons
Specific Duties :Assessing Impact
• The DES must:
• a) set out plans for putting into effect the
arrangements for impact assessments of
existing and future policies
• b) show how the impact of major projects
to be implemented during the currency of
the DES should be assessed
Progress to September 2007
• DES being collected and reviewed
• List published of public bodies which failed
to submit a DES
• Revised post-16 Code of Practice issued
in June 2007
• New guidance for universities published
on August 21st 2007
Further Information
• The Code can be seen and downloaded
from the Disability Rights Commission
website at http://www.drc.org.uk until
September 2007 and then from October at
the Commission for Equality and Human
Rights (www.cehr.org.uk)
• See also the website of Skill: National
Bureau for Students with Disabilities at
www.skill.org.uk