Disability, Higher Education and the Law

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Disability, Higher Education and the Law

• Issues for academic staff
• PLAT 2002
• David French Coventry University

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This presentation

• is written for academic staff by academic staff
• is about working towards inclusive practice
• provides a basic introduction to your legal
  obligations
• highlights areas of particular concern
• tells you where to go for more detailed
  information

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A moment of change

• increasing numbers of disabled students
• Disabled Students Allowance
• institutional policy commitments
• financial incentives premium funding for
  institutions
• QAA Code of Practice on Students with
  Disabilities
• SENDA(2001) incorporated as Section 4 of the
  DDA (Disability Discrimination Act) 1995
• main parts of SENDA operative from September
  2002

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The law is simple

• it bans discrimination against people because of
  their disabilities
• it only requires reasonable adaptations

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But it is also demanding

• it requires institutions and their staff to be
  proactive (potential problems must be
  anticipated)
• it covers the whole range of provision (academic
  and non-academic)
• ignorance is no defence
• nor is a lack of planning, however caused
• Disability provision is no longer a specialist
  subject that can be left to the Disabilities
  Office

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Defining disability

• a physical or mental impairment that has a
  substantial adverse effect on the performance of
  normal activities
• normal activities still to be fully defined
• the effect must be long-term - longer than 12
  months.- so many illnesses and injuries are
  excluded.
• some mental conditions excluded also alcoholism
  and drug-dependency.

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Some practical issues

• expect litigation from students.
• academic issues will probably be the most common
  cause of complaint.
• although the institutions are the legally
  responsible bodies, it is the decisions of
  academic staff that will cause most legal action.
• the best way to avoid finding yourself in court
  is reasonable preparation.

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Reasonable adaptations

• The law does not threaten good practice.
• it is concerned with serious disadvantage, not
  minor inconvenience
• excessive expense can make some adaptations
  unreasonable, as can other practical difficulties
• you dont have to duplicate support available
  elsewhere
• you are not required to sacrifice core academic
  principles - but you must be able to defend them
• Avoid looking for excuses - accessibility is a
  reasonable target

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Some key issues to bear in mind

• in relation to disability, ignorance is more
  common than knowledge.
• dominant views overstate what people cant do
  and underplay abilities
• innovation can benefit everyone but change can
  be demanding
• particularly if change challenges established
  bad practice
• Avoid untested assumptions about what disabled
  students cant do - this easily leads to
  discrimination.

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Disability and disclosure

• you are not expected to adapt to disabilities you
  dont know about
• but you must genuinely encourage people to
  disclose their disabilities
• respect confidentiality
• but ensure information reaches those who need to
  know

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Inclusion and compliance

• be ready to question established structures and
  practices
• monitor student progress
• share good practice
• look for external support
• make staff development a key priority
• treat as a continuing commitment, not a one-off
  exercise
• co-ordinate with institutional policies
• Be prepared - talk to your students

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Some probable hot-spots

• delivering institutional policy
• student access to preferred routes
• denial of equal opportunity to study
• denial of equality in assessment
• e.g. adaptive technologies, equivalent
  methods
• monitoring of processes and outcomes
• on-line learning

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Practical advice

• perfection is not necessary - or often possible
• the fear of failure to be perfect slows
  progress
• know the questions to ask - and where to get
  help with the answers
• know your power to make adaptations - and whose
  approval you need
• work with your colleagues
• analyse your course - identify problems
• talk to your students

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Information Sources

• Disability Discrimination Act. Draft Code of
  Practice. Part IV Post 16 Education, Training
  and Related Services. 2001. Disability Rights
  Commission. London.
• www.drc-gb.org
• www.cowork.ac.uk
• www.demos.ac.uk
• www.techdis.ac.uk/articles/SENDRE.htm

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Contact

• David French
• Centre for Research and Policy in Disability
• Coventry University
• 024.76.88.7470
• email D.French_at_coventry.ac.uk
• More information and staff development resources
  available from the project website