The Special Educational Needs and Disability Act 2001

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The Special Educational Needs and Disability
Act 2001
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The Special Educational Needs and Disability
Act 2001

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

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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

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DDA Part IV(Education)

• Coverage
• All higher and further education sector
  institutions
• other designated institutions
• LEA and education authority post-16 provision

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DDA Part IV(Education)

• Who is responsible?
• Governing body
• Responsible for whom?
• Employees and agents

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DDA Part IVDiscrimination is

• treating someone less favourably than someone
  else for a reason related to his/her disability
  without justification
• failing to make a reasonable adjustment

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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

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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.

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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

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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

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DDA Part IV Disclosure and less favourable
treatment

• lack of disclosure
• reasonable steps to find out
• disclosed to whom?

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DDA Part IV

• Justifications
• academic standards
• standards of a prescribed kind
• prescribed kinds of treatment
• material and substantial

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

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DDA Part IV

• Issues affecting adjustments
• 1. Anticipatory
• a duty owed to disabled people and students at
  large
• not simply to individuals

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DDA Part IV

• Issues affecting adjustments
• 2. Disclosure
• if institutions did not and could not reasonably
  have know about disability

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DDA Part IV

• Issues affecting adjustments
• 3. Confidentiality
• adjustment must be consistent with any request
  for confidentiality

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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

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DDA Part IV

• Implementation Sept 2002
• Auxiliary aids services Sept 2003
• Physical features Sept 2005
• Code of Practice March 2002

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DDA Part IV

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