SENDA and Post16 Education: An Update

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SENDA and Post-16 Education An Update

• Dr Simon Ball
• Co-ordinator
• JISC TechDis Service
• Helpdesk_at_techdis.ac.uk
• www.techdis.ac.uk

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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)
• Education not included

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SENDA 2001

• Special Educational Needs and Disability Act 2001
• Entire Act at www.hmso.gov.uk/acts/acts2001/200100
  10.htm
• Effectively a replacement 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

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Definition of Disability 1

• 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.

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What DDA/SENDA 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

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The DRC Code of Practice

• practical guidance on how to avoid
  discrimination against disabled people and
  students wanting to access education
• The code is not an authoritative statement of
  law
• But it may be used as evidence
• E.g. an institution might cite the code as
  practice that it followed in evidence to avoid an
  adverse judgement
• www.drc.org.uk/law/codes.asp

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Latest cases

• Wheelchair user denied place at Sixth Form
  College. Court injunction led to LSC funding
  temporary solution
• Student with mental health issues refused
  reasonable adjustment by university. Court case
  settled prior to hearing, in students favour.

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CMC / E-Mentoring Case Study

• Anne 43 year old woman, restricted mobility,
  mental health issues
• Offered a place on the JOB project, in a cohort
  of 12 students unable to attend a traditional
  establishment because of disability or living
  patterns
• Completed courses via CMC

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External Developments Software

• Some software manufacturers are addressing
  accessibility issues
• Flash
• PDFs / JAWS
• Windows XP
• Internet Explorer

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External Developments VLEs

• Some manufacturers making efforts
• WebCT, BlackBoard latest versions have enhanced
  accessibility and greater flexibility
• New, more flexible systems, e.g. Fronter, taking
  market share
• More adventurous institutions creating own
  systems from open source, e.g. Moodle, Bodington

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Internal Developments Policy

• Many institutions now are addressing policy
  issues with regard to accessibility
• WCAG Guidelines being utilised (Level AA commonly
  the target for home page
• Checking software (e.g. Bobby, The Wave,
  A-Prompt) being used more wisely as a tool, not
  a solution

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Other Developments Exam Boards / Material
Suppliers

• NLN Round 3 materials have to be tested at RNCB
• Some popular earlier materials being retro-fitted
• Some exam bodies revisiting policy on adjustments
  and accessibility in exams worth contacting
  yours for latest details