Disability Legislation An Introduction to the Disability

1
Disability Legislation

• An Introduction to the Disability Legislation

2
The Legislation

• European Legislation (eEurope Action Plan,
  adoption of WAI guidelines web accessibility)
• Disability Discrimination Act 1995 (DDA)
  www.hmso.gov.uk/acts/acts1995/1995050.htm
• Special Educational Needs and Disabilities Act
  2001 (SENDA) www.hmso.gov.uk/acts/acts2001/2001001
  0.htm

3
DDA 1995

• Disability Discrimination Act 1995
• Entire Act at www.hmso.gov.uk/acts/acts1995/199505
  0.htm
• Part 1 Defines Disability
• Part 2 Outlaws discrimination in Employment
• Part 3 Outlaws discrimination in Other Areas
  (Service Provision)
• illegal for goods and service providers to
  unjustifiably discriminate against individuals
  as a result of their disability
• Education not included

4
SENDA 2001

• Special Educational Needs and Disability Act 2001
• Entire Act at www.hmso.gov.uk/acts/acts2001/200100
  10.htm
• Became Part 4 of the DDA
• All services provided wholly or mainly for
  students are covered, including learning
  materials and assessment
• The institution is responsible for ensuring the
  accessibility of any products or services it
  procures
• NB the term SENDA compliance has no legal
  definition its DDA compliance we are concerned
  with

5
Definition of Disability

• A person has a disability for the purposes of
  this Act if he 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.
• Disability Discrimination Act 1995

6
What the Act Says

• Not treat a disabled person less favourably for
  a reason relating to their disability
• Required to make reasonable adjustments if a
  disabled person would otherwise be placed at a
  substantial disadvantage
• Adjustments should be anticipatory
• Applies to all admissions, enrolments and other
  student services which includes assessment and
  teaching materials
• See Code of Practice for Providers of Post-16
  Education and Related Services

7
What It Means

• Changes to institutional policies and practices
• Changes to course requirements or work placements
• Provision of materials in alternative formats
• Adjustments expected to be relative to resources
  available
• The extent of expected adjustments will be
  determined by case law (e.g. Maguire v SOCOG)

8
What It Does Not Mean

• Compromising Health and Safety
• Lowering of Academic standards
• Adversely affecting other students
• Placing the institution in a financially
  precarious position
• Taking personal responsibility in court the
  institutions governing body is ultimately
  responsible for any discriminatory activity by
  its staff but watch out!

9
Reasonable Adjustments An Example

• Boy with Chronic Fatigue Syndrome, can only
  concentrate for 20 minutes
• School refused to split their 2-hour 11-plus exam
  into sections for him to take with breaks in
  between sections
• DRC took school to arbitration
• School now offers 11-plus exam in three sections
  over three days

10
Disclosure

• For discrimination to take place, you would have
  to know about persons disability
• SENDA
• If institution does not know could not be
  expected to know
• Then no discrimination
• Responsibility of disabled person to inform
  institution
• Good practice for institution to offer
  opportunity(s) for disclosure
• But need to be aware of confidentiality

11
Conclusion

• SENDA has implications for the entire institution
  in terms of awareness and practice.
• Existing good practice within an institution may
  already meet SENDA requirements.
• SENDA encourages reflective practice thus raising
  standards.