The Special Educational Needs and Disability Act 2001

Amends the Disability Discrimination Act 1995 Becomes Part IV of the Act Implemented from 2002

DDA (1995) - who is disabled? According to the Act an adult or child is disabled if: he or she has a physical or mental impairment that has an effect that has a: substantial adverse; and long term (lasting or expected to last for at least a year) on his or her ability to carry out normal day to day activities

DDA Part IV: (Education) Coverage All higher and further education sector institutions other designated institutions LEA and education authority post-16 provision

DDA Part IV: (Education) Who is responsible? Governing body Responsible for whom? Employees and agents

DDA Part IV: Discrimination is: treating someone less favourably than someone else for a reason related to his/her disability without justification failing to make a reasonable adjustment

DDA Part IV Unlawful to discriminate in admissions & enrolment and arrangements or terms for admissions/enrolments provision of student services (education and training) or services exclusions

DDA Part IV Student Services might include: teaching: lectures, seminars, tutorials etc examinations and assessments field trips arranging study abroad or work placements research informal study skill sessions evening adult education or short courses training distance and e-learning classrooms, lecture theatres, laboratories, studios, dark rooms laboratory equipment, computer facilities, class handouts etc libraries, learning and information centres Contd….

DDA Part IV Student Services might include: job references job shops graduation certificate ceremonies leisure, entertainment and sports facilities the physical environment chaplaincies and prayer areas health, counselling and welfare services catering car parking residential accommodation accommodation finding services

DDA Part III Catering facilities sports facilities (when not being used as part of a course such as sports science) parking policies careers services counselling services financial and other advisory services accommodation finding services chaplaincies health centres residential accommodation student unions and their facilities disabled students services

DDA Part IV Disclosure and less favourable treatment lack of disclosure reasonable steps to find out disclosed to whom?

DDA Part IV Justifications: academic standards standards of a prescribed kind prescribed kinds of treatment material and substantial

DDA Part IV Must take reasonable steps to ensure students are not placed at a substantial disadvantage

DDA Part IV Adjustments to - premises course content, including work placements teaching arrangements additional teaching communication support or services materials and information in alternative formats staff training policies transport to and from further education employing support workers

DDA Part IV Issues affecting adjustments: 1. Anticipatory a duty owed to disabled people and students at large not simply to individuals

DDA Part IV: Issues affecting adjustments: 2. Disclosure if institutions did not and could not reasonably have know about disability

DDA Part IV: Issues affecting adjustments: 3. Confidentiality adjustment must be consistent with any request for confidentiality

DDA Part IV Criteria for judging reasonable Academic standards financial resources grants/loans cost practicality other aids or services available health and safety relevant interests of other people including other students

DDA Part IV ImplementationSept 2002 Auxiliary aids & servicesSept 2003 Physical featuresSept 2005 Code of PracticeMarch 2002

DDA Part IV Conciliation (DRC) County/Sheriff Court compensation injunction/interdict declaration of rights and/or responsibilities