Judith Mole

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Judith Mole

• Direct Learn Services Ltd.
• judithm_at_directlearn.co.uk
• www.directlearn.co.uk

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• Disabled Students and Admissions - Legislation,
  Obligations and Good Practice

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Purpose of the Session

• To advise on new legislation
• To inform on the impact of new legislation on
  admissions procedure
• To provide information on good practice on the
  process for admission of disabled students

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Legislative Framework

• Disability Discrimination Act 1995
• Human Rights Act 2000
• The Special Educational Needs and Disability Act
  2001

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National Context

• HEFCE initiatives on disability
• The QAA Code of Practice for Students with
  Disabilities

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SEN and Disability Act 2001

• comprehensive enforceable civil rights for
  disabled people in pre- and post-16 education in
  England, Scotland and Wales. It has major
  implications for further and higher education
  institutions.
• The law will make it unlawful to unjustifiably
  treat a disabled person less favourably for a
  reason relating to their disability.
  Specifically, the law will make it unlawful to
  discriminate against a disabled person with
  regard to
• admissions
• the services the college provides to students

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SEN and Disability Act 2001

• The Disability Rights Commission's (DRC) draft
  code of practice states
• "The Act makes it unlawful for a responsible body
  to discriminate against a disabled person
• in admissions or enrolment of students
• in the terms on which admissions or enrolment
  offers are made
• by refusing or deliberately omitting to accept an
  application for admission or enrolment

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SEN and Disability Act 2001

• This means that a college cannot refuse admission
  to a student on the grounds of their disability,
  and the college has an obligation to make
  reasonable adjustments so that disabled students
  can access the same services their able-bodied
  peers can access.
• An anticipatory dutyInstitutions will be
  expected to anticipate the needs of disabled
  students and applicants in making their provision
  accessible.

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SEN and Disability Act 2001

• Time scales for the implementation of the Act are
  as follows
• Until October 2001- Consultation exercise on CoP.
• March 2002 - Final code of practice will be
  published
• 1st September 2002 - New legislation will be in
  force (with two exceptions)
• 1st September 2003 - Auxiliary staff and
  services must be provided
• 1st September 2005 - Physical adjustments to
  buildings and teaching spaces have to be
  implemented.

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Exemptions to the Act

• college is not liable and where the adjustments
  would be seen as unreasonable. The college is not
  liable -
• - if the student or applicant has chosen not to
  declare their disability
• - if adjustment would undermine/lessen academic
  standards
• - they are prescribed by an external body (e.g.
  medical/health courses, dentistry or teacher
  training, some dance courses).

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How do you comply?

• QAA Code of Practice states
• In selecting students institutions should ensure
  equitable consideration of all applicants.
• Institutions should consider
• ensuring that criteria and procedures used for
  selecting students are relevant to the
  requirements of the programme, including any
  professional requirements, and do not
  unjustifiably disadvantage or debar applicants
  with disabilities

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• ensuring that appropriate support is offered and
  available for applicants attending interviews and
  other selection activities
• providing disability awareness/equality guidance
  and training for all tutors and administrative
  staff involved in selection and admissions
• where appropriate, offering disabled applicants
  the opportunity to demonstrate their ability to
  use alternative ways for meeting programme
  requirements.

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• Disabled applicants' support needs should be
  identified and assessed in an effective and
  timely way, taking into account the applicant's
  views.
• Institutions should consider
• developing an environment within which
  individuals feel able to disclose their
  disability
• providing specialist advice which draws on
  recognised sources of expertise to assess
  applicants' support needs, in order to ensure
  that decisions by admissions tutors and disabled
  students are as well-informed as possible

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• developing systems which ensure that applicants
  with disabilities are not subject to undue
  disadvantage in terms of support if they apply
  later through the 'clearing' procedure
• drawing up agreements with individual disabled
  students and all concerned parties which specify
  details of support and other arrangements,
  including those for course examinations and
  assessments.

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What is unlawful practice?

• Examples
• attending an interview
• attending classes independently
• omitting applications from disabled students
• literacy/aptitude tests which no other student
  needs to complete
• if the communication between admissions
  departments and other departments breaks down
• If the student fails to declare their disability

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How do you comply?

• Checklist
• Is you institution positive about disabled people
  and would they want to come to you?
• Does your admissions process have unnecessary
  barriers to disabled students?
• Are your departmental admissions criteria
  non-discriminatory?
• What mechanisms are in place to overcome these
  barriers?
• Do your direct entry admissions forms ask about
  information on disability?

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• Does everyone in your department know how to
  identify an application from a disabled student?
• Does your department work closely with your
  support department for disabled students?
• Do you advise applicants about the support
  service for disabled students?
• Are the materials you use accessible?
• What procedure do you have to inform your support
  department for disabled students about a disabled
  applicant?
• Does your admissions policy separate the academic
  assessment from the needs assessment?

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• Are admissions tutors given guidance or training
  in interviewing disabled students?
• What is the procedure for making interview or
  selection events support arrangements, e.g. who
  books the interpreter or reader?
• Have you addressed the resource implications for
  support at interviews?
• Do you always make an offer if the disabled
  student meets all the academic criteria?
• What process is there to inform relevant
  departments of the needs of the student?
• What do you do if the student fulfils the
  academic criteria but your buildings are not
  accessible?

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Useful Resources

• www.skill.org.uk
• www.drc-gb.org/
• www.dfes.gov.uk/
• www.hmso.gov.uk

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• Any Questions?