Inclusive Curriculum, Students with Disabilities and the Law Kath Botham

Statistics in Education Education : ODI Annual Report 2008, ( – 51% of disabled persons had qualifications (71% non-disabled) – 28% of disabled 19 year olds in HE (41% non- disabled) – 8% disabled population have a degree (17% of non disabled)

Statistics in Education Numbers in HE (HESA 2007/8) – 62,510 : 7% HE of population – 43% SPLD, 16% Unseen disability – Tripled in 10yrs (23, % in 1997/98) – Withdrawal from HE in year 1 : 8.6% disabled without DSA, 5.6% with DSA, 7.1% non disabled

2005/062006/072007/082008/09 Dyslexia Visual Impairment33 46 Hearing Impairment Mobility/ Physical Mental Health Unseen Multiple Disabilities Total Disabled Students at MMU

LEGISLATION & DISABILITY

Equality Act st October 2010 : Consolidated all previous equality legislation Protected Characteristics :These are the grounds upon which discrimination is unlawful. – Age, – Disability, – Gender reassignment, – Marriage and civil partnership, – Pregnancy and maternity, – Race, – Religion or belief, – sex – sexual orientation

Previous protection maintained and extended – Discrimination in recruitment now illegal – NEW – Discrimination by Association – Pregnant women /mothers Breastfeeding School children – Public sector – ALL protected groups – Legislation extended to private clibs

Other Equality Legislation Human Rights Act (1998) – incorporates European Convention of Human Rights into domestic law DDA 2005 :Disability Equality Duty – HEI’s must be proactive in ensuring disabled students are treated fairly & equally – Achievements must equal non disabled students – Draw up a Disability Equality Scheme Equality Act (2006) – established a single commission Equality & Human Rights commission replacing: Equal Opportunities commission, Disability Rights commission & Commission for Racial Equality – Expanded anti discrimination legislation related to gender, religion & belief & Sexual orientation (2007)

9 Legal definition of disability A physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day to day activities. Temporary injuries (eg broken leg, acute mental illness) are not covered under this definition – Adjustments are therefore at the discretion of their academic department.

Discrimination (in HE) The Equality Act recognises four forms of discrimination: – Direct discrimination : “Must not treat a student less favourably” “Substantial disadvantage” – Indirect discrimination: illegal to “apply a provision, criteria, practice for all students that has the effect of putting one group at disadvantage” – Harassment – Victimisation

Reasonable Adjustment Duty to take reasonable steps to remove the disadvantage – Changing provisions, criteria, practice – Physical features – Auxiliary aids What is Reasonable? – Practicality – Effectiveness – Disruption – Availability of finance Anticipatory element

Competence standards an academic, medical or other standard applied by or on behalf of a HEI for the purpose of determining whether aperson has a particular level of ability (DDA Pt4, section 28s) Competence standards cannot justify direct discrimination but may justify indirect discrimination. Standard must be: – Genuine – Applied to all students – Proportional to the aim sought If standard meets requirement above no need for reasonable adjustments

Disclosure and Confidentiality HEI’s have to prove have taken reasonable steps to encourage disclosure. DDA states once disclosed to a member of the organisation may be deemed to have disclosed to the organisation – Once explicit, written consent has been gained Following disclosure – Duty of organisation to pass on appropriate information to all relevant staff – External organisations – requires additional consent Non disclosure/Confidentiality – Disabled person has right to request confidentiality – Reasonable adjustments can only be made within request for confidentiality MMUDisclosure guidelines & authorisation form: osure%20guidelines.pdf

MMU Disability Equality Scheme “MMU is working hard to embed the principles of equality and fairness into the heart of everything it does. Our equality policies and plans help set out what kind of University we want to be and how we will achieve this.” (2007) Success will: – Attract, recruit and retain students from a wide variety of backgrounds – Recruit and promote staff fairly on the basis of relevant criteria and merit – Develop an inclusive learning, teaching and working environment – Effectively tackle discriminatory practices, behaviour and language in line with the University's regulations and procedures Following Equality Act, 2010 a Single Equality Scheme and Action Plan in December 2010.

References Equality and Human Rights Commission ( now includes Disability Rights Commission) Disability Archive – University of Leeds Deegan (1992) Psychological Rehabilitation Journal, 15,p3-19 Partners in Practice (nd) Different Differences... University of Bristol, University of West of England, Penninsula Medical School