Disability Equality an BSF

1
Disability Equality an BSF

• Richard Rieser Disability Equality
• www.worldofincusuion.com

2
Who are disabled people?

• Disability Discrimination Act Definition of
  disability
• 1. A person has a disability 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. - Part 1, Para. 1.1.
• For the purposes of definition, ignore the
  effects of medical or other treatments or aids
  and appliances.

3
PLASC Data England 2009 by type of school
impairment
School Action 418,840. SEN 21 of all secondary
pupils SA 481,840 primary pupils 19.6 SEN
Those with Medical Needs- e.g.
Diabetes, Asthma, Allergy Those with
Mental Health Issues e.g. Depression Eating
Disorders Self- Harmers
Primary Sec. Special Total
SpLD 32,760 44,800 950 78,500
MLD 84,080 67,940 19,630 171,650
SLD 5,040 2,700 21,110 28,850
PMLD 1,390 330 7,680 9,400
BESD 58,930 82,270 13,240 154,440
Sp.LCom. 80,420 19,810 4,120 104,350
VI/HI/MS 11.400 10.080 2,550 24,020
PD 12,680 9,010 4,150 25,840
ASD 19,940 15,940 15,280 51,160
other 12,560 16,380 580 29,510
Total 319.2k 269k 89.3k 677.7K
4
Section M of the Building Regulations

• Department for Communities and Local Government
  (DCLG) publishes approved building regulations.
• These have to be complied with or an alternative
  found that has the same result. They provide a
  minimum standard.
• Section M covers Access
• They apply to all new building and most
  refurbishments
• The latest regulations date from April 2006
  thought this was just a change for environmental
  standards. The 2004 document is the latest for
  access.(This replaced 1999 version)
• There is a useful Planning Portal which contains
  all relevant documents
• http//www.planningportal.gov.uk/england/professio
  nals/buildingregs/technicalguidance/bcaccesstopart
  m/bcapproveddocuments10

5
The School Access Planning Duty

• This came into force September 2002 under the SEN
  and Disability Act (2001) Amended Part 4 of DDA
  1995.
• LEAs and schools are required to prepare
  accessibility strategies and accessibility plans
  respectively for increasing over time the
  accessibility of schools for disabled pupils (the
  planning duty). This need not be a standalone
  plan. If they wish, LEAs and schools may dovetail
  their plans with existing planning processes
• Local Authorities must have an access plan. In
  In preparing their accessibility strategies,
  LEAs must consult
• - all schools in respect of which the LEA must
  produce its accessibility strategy and
• - trustees of schools (e.g. local dioceses and
  faith organisations).
• All LEAs have a legal duty to prepare
  accessibility strategies for the schools for
  which they are responsible under the Act.

6
Access Planning Duty 2

• Maintained schools, independent schools, and
  non-maintained special schools must produce their
  own accessibility plans. The Act places the duty
  to do so on the responsible body for the school
  and this will be the governing body in the case
  of maintained schools, and the proprietor in the
  case of independent and non-maintained special
  schools.
• School plans should be made available to parents
  and should include
• An accessibility strategy or plan is a strategy
  or plan for
• (a) increasing the extent to which disabled
  pupils can participate in the school curriculum
  
• (b) improving the physical environment of schools
  to increase the extent to which disabled pupils
  can take advantage of education and associated
  services and
• (c) improving the delivery to disabled pupils of
  written information which is provided to pupils
  who are not disabled. This should be done within
  a reasonable period of time and in formats which
  take account of views expressed by the pupils or
  parents about their preferred means of
  communication.
• www.teachernet.gov.uk/_doc/2220/Access_Guide_.doc

7
Access Planning Physical Environment

• The physical environment includes steps,
  stairways, kerbs, exterior surfaces and paving,
  parking areas, building entrances and exits
  (including emergency escape routes), internal and
  external doors, gates, toilets and washing
  facilities, lighting, heating, ventilation,
  lifts, signs, interior surfaces, floor coverings,
  room décor and furniture. Improvements to
  physical access might include - ramps, handrails,
  lifts, widened doorways, electromagnetic doors,
  adapted toilets and washing facilities,
  adjustable lighting, blinds, induction loops,
  well designed room acoustics and way-finding
  systems.
• Physical aids to access education might include
  ICT equipment, enlarged computer screens and
  keyboards, concept key boards, switches,
  photocopying enlargement facilities, specialist
  desks and chairs and portable aids for children
  with motor coordination and poor hand/eye skills
  such as extra robust scientific glassware and
  specialist pens and pencils. These lists are not
  exhaustive.
• Local Authority in all new buildings and
  refurbishments. Allocation of Access Initiative
  funding and guidance on use delegated capital
  budgets

8
Access Planning the Curriculum

• Schools can use a variety of approaches when
  planning and delivering the curriculum to draw on
  the different strengths and aptitudes of pupils.
  That might include using flexible grouping
  arrangements including ones where pupils with
  disabilities can work with their peers, and
  encouraging peer support by, for example, setting
  up buddying or mentoring arrangements.
• Utilising The National Curriculum 2000 which
  incorporates a statement on Inclusion providing
  effective learning opportunities for all children
  to which all maintained schools must have regard
• Utilising Target Setting
• Training and deployment of Teaching assistants
• Schools might also consider staff training
  needs.
• Local Authority providing relevant advice and
  training and support through SIPs and developing
  Self Evaluation Framework

9
Information in Printed English

• Schools. This part of the duty covers planning to
  make written information normally provided by the
  school to its pupils available to disabled
  pupils. The information should take account of
  pupils disabilities, pupils and parents
  preferred formats and be made available within a
  reasonable time frame. The information might
  include handouts, timetables, and information
  about school events. The school might consider
  providing the information in alternative formats
  (such as large print and audio tape) using ICT,
  or providing the information orally.
• Where LAs have centrally provided support
  services, they should make sure that all their
  schools have information about the full range of
  services and what they can provide, including
  systems for converting information into
  alternative formats. LAs might encourage their
  schools to share good practice on providing
  information in different formats. Special
  schools in particular might be able to share
  valuable information and expertise on this
  subject. LA strategies should detail their plans
  for developing and improving support for the
  provision of information in different formats.

10
Access Plans and Strategies

• The regulations came into force in September 2002
• Local Authority Strategies and School Plans
  needed to be place
• April 2003-March2006
• April 2006- March 2009
• April 2009-March 2012

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The schools plan meets the statutory
requirements when

• It is in writing 
• it makes clear how the plan will be
• -         adequately resourced
• -         implemented
• -         reviewed
• -         revised as necessary
• it adheres to the requirement on time it has a
  3-year life in the first instance
• information about the accessibility plan is in
  the governors annual report to parents.

12
The Access Planning Project

• This provided tools and information to help
  schools and Local Authorities with the Planning
  Duty it is available .
• http//publications.teachernet.gov.uk/default.aspx
  ?PageFunctionproductdetailsPageModepublications
  ProductIdDfES01602006
• 1A The purpose and direction of the schools
  plan vision and values
• 1B Information from pupil data and school audit
• 1C Views of those consulted during the
  development of the plan
• 2A Increasing the extent to which disabled
  pupils can participate in the school curriculum
• 2B Improving the physical environment of the
  school to increase the extent to which disabled
  pupils can take advantage of education and
  associated services
• 2C Improving the delivery to disabled pupils ...
  of information which is provided in writing for
  pupils who are not disabled
• 3A How Template Schools accessibility plan fits
  in with other responsibilities coordination
• 3B Getting hold of Template Schools plan
• 3C How Template School will review and revise
  its plan duration, review and revision
• 3D How Template School will know how effective
  its plan has been evaluation

13
Duty to Promote Disability Equality
From December 2006, when carrying out their
functions public authorities must have due regard
to the need to
Promote positive attitudes towards disabled
persons
Encourage participation by disabled persons in
public life
Eliminate unlawful discrimination
Promote equality of opportunity
Eliminate disability related harassment
The use of positive discrimination if necessary
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Impacts of Duty to Promote on School Buildings

• Promoting Equality of Opportunity for disabled
  people -
• Ensure this principle and the other elements of
  the duty are impact assessed in all policies and
  plans
• In procurement ensure that promote disability
  equality in products, buildings and services
  procured
• This means going for good practice not just
  complying section M building regulations.
• Advisors and SIPS checking both school compliance
  and development of good practice.

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Access and Inclusion BB98

• Access and inclusion must be allowed for in the
  design. This means disabled pupils should be able
  to access the whole school.
• Appropriate space for pupil support
• Easily understood layout and good use of colour
  and signage
• Good quality acoustics and lighting
• Access for information, curriculum and
  environment
• Fire evacuation for all
• Furniture and fittings i.e. rise and fall sinks
  and work tops, door opening
• Accessible toilet, shower hygiene facilities and
  hoist
• Rasmped access throughout
• Accessible parking
• Corridor width
• Meeting room parents, therapy rooms, sensory room
• Additional storage for equipment

16
Square Meters Recommended BB 98
Basic Teaching 30 in class 56 sq. meters. ITC 20
in group 60 sq. meters Science Lab group 30 in
group 90 sq. meters DT Food Room 20 in group 101
sq. meters Resistant Materials 20 in group 112 sq
meters Graphics group 20 77 sq. Meters Art
textiles etc 30 in group 105 sq. meters Art
General 30 in group 90 square meters Drama
studio/music recital 30 in group 90 sq.
Metres The document lays down standards to have
smaller brooms in every department for small
groups. The document suggests schools in planning
should also a float of 10-15 for unplanned needs
or local variation. Halls, dinning areas and
changing rooms all to accommodate wheelchair
users
In working out total area planned number of
pupils by age. Net-area is not circulation,
toilets and p.care, kitchen, plant And is
140-150 of net
17
Building Schools for the Future

• Rebuilding Secondary Schools in 15 Waves
• Utilising Public Private Partnerships
• Do have to comply with Section M but not DCSF
  guidance.
• The school regulations set no mandatory square
  meter standards for classrooms and specialist
  rooms though there is non-statutory guidance
  provided on these in Building Bulletin 98,99 and
  102.
• These provide sound advice for disabled pupils
  andrthese need to be taken as the standard for
  promoting disability equality in BSF

18
BASICS OF BSF

• 80 Secondary school buildings out of date
• Local authorities are brought together with a
  private sector partner and will make use of their
  expertise to design and construct (and in some
  cases also maintain and operate) the facilities.
• Partnership for Schools has been set up to help
  local authorities to select a private partner to
  form a local education partnership (LEP).
• An LEP is a public private partnership between
  the local authority, Partnership for Schools and
  the selected private sector partner. The private
  partner must be selected in open competition,
  under EU procurement rules
• The BSF programme is funded entirely out of the
  public purse, half from conventional DCSF funding
  and half from private finance initiatives (PFI)
  credits. PFI was launched in 1992 and presented
  itself as a useful accounting device to limit
  borrowing, with PFI contracts being treated as
  off balance sheets - any money invested through
  PFI did not show up on the national debt. PFI has
  had mixed success, with some schools finding that
  the infrastructure they have obtained via PFI is
  inadequate.

19
Basics BSF 2

• Under PFI, a private sector consortium (usually
  including a building firm, a bank and a
  facilities management company) establishes an
  independent legal company called a special
  purpose vehicle (SPV), which enables the
  organisations involved to work together under one
  umbrella. The SPV bids for a single contract
  which will be awarded by the LA or school seeking
  to implement a building project. The SPV then
  proceeds to design and build the project in line
  with the clients specified outputs.
• The building asset that results from the project
  is not publically owned. Instead, the LEA,
  governing body or trustees, depending on the type
  of school, will normally hold the freehold of the
  relevant site. The private sector partner then
  provides, pays for and operates the new-build
  school over the period of the contract, usually
  between 25 and 30 years, during which time the
  school/LA effectively leases the building back.
• The Report of the Audit Commission into BSF,
  published 12 February 2009, has stated that the
  Department for Children, Schools and Families and
  Partnership for Schools were overly optimistic in
  their assumptions of how quickly the first
  schools could be delivered, leading to
  unrealistic expectations. The report also noted
  that there is an increase in the total estimated
  costs and that delivering the project to all
  3,500 schools will be challenging.

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How is BSF delivered?

• An eight-stage process has been set out to ensure
  that the BSF aims are met
• Stage 0 Preparing for BSFgt The LA should begin
  preparing the project as soon as it hears it has
  been invited to join a BSF wave. The Public
  Private Partnership Programme can provide LAs
  with support
• Stage 1 Project initiationgtDefining the BSF
  project forms the basis for managing and
  assessing success of the project
• Stage 2 Strategic planninggtRobust analysis of
  need, cost, risks and expected outcomes
• Stage 3 Business case developmentgtCreating an
  outline business case to set out in detail the
  scope, cost, affordability, risks, procurement
  role and timetable of a project
• Stage 4 Procurement planninggtPreparation of the
  documentation needed to publish a notice in the
  official journal of the EU - a requirement for
  all European contract tenders above a certain
  value
• Stage 5 ProcurementgtThe LA will evaluate
  potential tenders and produce a long list of
  bidders, then produces a shortlist usually of
  three bidders. Final tenders are submitted and a
  preferred bidder identified
• Stage 6 Financial closegtcontractual commitment
  to the formation of the LEP
• Stage 7 ConstructiongtEnsure that costs and
  timescales are controlled and disruption kept to
  a minimum. The LEP will procure the delivery of
  approved projects through a supply chain,
  periodically market tested to demonstrate value
  for money
• Stage 8 OperationgtWork does not stop once the
  schools have been built and are in use. The
  outcomes are assessed against the planned
  objectives and information is fed back into the
  programme for future projects.

21
Issues identified in existing BSF/PFI schools

• Schools not anticipating need for reasonable
  adjustment
• Schools are not seeing the BSF as a necessary
  part of their duty to promote disability equality
• LEP, LA and Consortia are not allowing sufficient
  budget to ensure access is included.
• Room sizes overall inadequate
• Circulation space not sufficient
• Acoustic and lighting not sufficient
• Fire evacuation not built into plans
• Lack of storage space for impairment related
  equipment
• Floors coverings not-non slip
• Not sufficient or any rise and fall benches, work
  tops, sinks and tools
• Lack of involvement and engagement of disabled
  people and their organisations
• Lack of effective Equality Impact Assessment
• Lack of understanding senior and commissioning
  officers

22
Solutions to make BSF work for disabled people

• Get rid of it, but this seems politically
  unlikely
• Make it work by
• Full equality briefing to staff and governors of
  equality issues and get them to determine access
  bottom line
• Equality training for senior and commissioning
  officers, integrate in access strategy
• Equality Impact assess all LEP plans and
  consortium bids
• Make links with local disabled peoples and
  parents organisations and engaging them in the
  design brief process and scrutiny of bids.
• Ensuring pupils and parents at school and feeder
  primaries are trained in equality and make a
  positive contribution to the design goals.
• Build penalty clauses into contractors contracts
  for failure to meet access standards laid down
  e.g. Type of lift.
• Strong monitoring of the process

23
Good Guidance Sources

• Designing for disabled children and children with
  special educational needs Guidance for
  mainstream and special schools Bulletin102
• http//www.partnershipsforschools.org.uk/documents
  /Design/BB102.pdf
• Briefing Framework for Secondary School Projects
  Revision of BB82 Area Guidelines for Schools
  (Secondary section) Bulletin 98 2004
• http//www.partnershipsforschools.org.uk/documents
  /Design/BB98.pdf
• Briefing Framework for Primary School Projects
  Incorporating primary school revision to BB82
  Area Guidelines for Schools Bulletin 99 2006
• http//www.teachernet.gov.uk/_doc/9422/BB9920for
  20web.pdf
• Building Bulletin 93 (BB93) Acoustic design of
  schools
• http//www.teachernet.gov.uk/management/resourcesf
  inanceandbuilding/schoolbuildings/environ/acoustic
  s/