DISABILITY RIGHTS IN EDUCATION

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• DISABILITY RIGHTS IN EDUCATION

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• Disabled people, whatever the origin, nature and
  seriousness of their handicaps and disabilities,
  have the same fundamental rights as their fellow
  citizens of the same age, which implies first and
  foremost the right to enjoy a decent life, as
  normal and full as possible.

UN Declaration on the Rights of Disabled Persons
(1975)
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Disability Discrimination Act 1995

• makes it unlawful to discriminate against someone
  on the basis of their disability
• a disabled person is defined as someone who has
  a physical or mental impairment which has a
  substantial and long-term adverse effect on his
  ability to carry out normal day-to-day activities

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• Act covers
• employment
• buying or renting land or property
• goods, facilities and services

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Discrimination is seen as

• refusal of a service
• provision of an inferior service
• poorer terms of service
• all organisations providing goods, facilities or
  services to the public (paid or free) are
  covered, except for transport vehicles and
  education

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Content of legislation
Special Educational Needs and Disability Act 2001

• duty not to discriminate against people with a
  disability (though less favourable treatment may
  be justifiable in some circumstances)
• reasonable adjustments to practices, policies and
  procedures
• reasonable steps to provide education by
  alternative methods
• rights of redress (Sheriff Court)

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Special Educational Needs and Disability Act 2001

• makes it unlawful for education providers to
  discriminate against a disabled child by
• treating a disabled child less favourably on the
  grounds of their disability than a non-disabled
  child, without justification, in the arrangements
  made for the provision of education

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• failing to take reasonable steps to change any
  policies, practices or procedures which place a
  disabled child at a substantial disadvantage
  compared to a non-disabled child
• failing to take reasonable steps to provide
  education using a reasonable alternative method
  where a physical feature places a disabled child
  at a substantial disadvantage compared to a
  non-disabled child

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Education (Disability Strategies and Pupils
Educational Records) Act 2002

• requires education authorities and independent
  schools to
• - prepare and implement accessibility
  strategies to improve over time access to
  education for pupils and prospective pupils with
  disabilities

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Areas to be covered by strategy

• curriculum
• communication
• physical access

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Curriculum issues to consider

• resource allocation
• alternative approaches to teaching
• staff development (including joint training)
• good practice in multi-disciplinary working
• appropriate technological provision

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Communication/information

• steps to improve how pupils with disabilities can
  express their views
• alternative ways of delivering information
  normally provided to pupils in writing

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Access to physical environment

• physical access
• access for pupils with visual impairment
• access for pupils with hearing impairment
• access for pupils with other disabilities
• includes access outside schools