abc schools and disability jackie jackson-smith provision development officer, senaps chris percival...

SEN & Disability Act 2001 Presentation

Schools and Disability

Jackie Jackson-SmithProvision Development Officer, SENaPS

Chris PercivalTeam Manager, Statutory Assessment Service


Objectives

Through information sharing and group discussion provide participants with the opportunity to:

reflect on the definition of and issues relating to discrimination

develop a clear overview of the Code of Practice and it’s implications for schools

understand LEA and school access planning responsibilities and processes


Programme

Part 1

Overview of the legislation and related guidance

Disability discrimination - what is it?

The Duties - what is covered and who is responsible

Case studies

Exceptions

Part 2

LEA and school planning responsibilities

Access audits Redress and conciliation


Key documents

The Disability Act 1995 (as amended by the SEN and Disability Act

2001)

Schools Disability Code of Practice [Disability Rights Commission]

Accessible Schools: Planning to increase access to schools for

disabled pupils [DfES]


Related documents


Schools Disability Code of Practice

This Code of Practice is being issued by the Disability Rights

Commission under the provisions of the DDA’95 and at the

request of the Secretary of State for Education and Skills

The purpose of the Code is to give practical guidance to schools

as to:

what constitutes discrimination and

how they can avoid discriminating against disabled pupils

and prospective pupils


Duty not to discriminate

As from 1 September 2002 it is unlawful for schools to

discriminate, without justification, against disabled pupils

Discrimination embraces two core elements

treating a disabled pupil less favourably for a reason relating

to his/her disability

failing to comply with the duty to make ‘reasonable

adjustments’


The extent of the duties

The twin duties - not to discriminate and to make reasonable adjustments - apply to

admissions education and associated services - i.e. curriculum, teaching

and learning, classroom organisation, time-tabling, pupil groupings, homework, sports, breaks and lunchtimes, exam arrangements, school clubs, school trips etc., etc.

Exclusions

Reasonable adjustment duty is anticipatory

“… duty owed to disabled children in general…not waiting until a disabled child seeks admission to the school …”


What is disability . . . ?

A disabled person is someone who has … “a physical or mental impairment which has substantial and long term adverse effect on his or her ability to carry out normal day to day activities”

The effect must be

substantial (more than minor or trivial)

long term (lasting a year or more)

adverse

………..


This definition includes sensory and hidden impairments such as:

mental illness or mental health problems learning difficulties dyslexia diabetes epilepsy

Not all disabled children will have a special educational need, although many will, and not all children with special educational needs will have a disability


Who is responsible?

In the case of maintained schools the ‘responsible body’ is generally the schools’ governing body

Note though that the LEA is the responsible body

in relation to admissions to community and voluntary controlled schools

for maintained nursery schools and PRUs


Less favourable treatment

A school discriminates against a disabled child if:

it treats the child less favourably, for a reason relating to his/her disability, than it treats, or would treat, others to whom that reason does not or would not apply

it cannot show that the particular treatment is justified


Questions to ask

Is it less favourable treatment

for a reason that is related to the child’s disability?

than someone gets if the reason does not apply to him/her?

that can justified?


Example

A father seeks admission to a primary school for his son who has epilepsy. The school tells him that they cannot take the boy unless he stops having fits. Is this discrimination?

Is it less favourable treatment for a reason related to the child’s disability?

Probably - having fits is an intrinsic part of the boy’s disability

Is it less favourable treatment than someone gets if the reason does not apply to him/her?

Yes - other children without this disability do not have this condition placed on their admission

Is it justified? The responsible body does not seek to justify their less

favourable treatment. So it would be unlawful discrimination


Failure to make reasonable adjustments

A school discriminates against the disabled child if

it fails to take reasonable steps to ensure that disabled pupils are not placed at a substantial disadvantage in comparison with their non-disabled peers

the responsible body cannot justify its failure to make reasonable adjustments


Exceptions to ‘reasonable adjustments’ duty

Schools are not required to

provide auxiliary aids or services (the presumption in the Code of Practice is that any necessary aids and services will be made under the SEN framework)

remove or alter physical features (physical adaptations to school buildings are covered by the longer term planning duties)


Justification Less favourable treatment may be justified:

as a result of a permitted form selection or for reasons “material to the circumstances of the particular

case and substantial”

Failure to make a reasonable adjustment may be justified on grounds of:

a need to maintain standards financial resources available/cost practicality health and safety considerations the interests of other pupils


The ‘lack of knowledge’ defence

A responsible body would no be liable to a claim of unlawful discrimination:

if it did not know and could not reasonably have been expected to know about the disability


Confidentiality requests

A parent can ask the school to keep confidential the nature of, or existence of, their children’s disability (Such a request may also come from a child)

Schools should take into account any such requests - but are not bound to comply (If not the school should record its reasons)

Where a school does comply with such a request it should make clear to the parents that this may limit the ‘reasonable adjustments it might otherwise take.


Schools and Disability


Planning - in context

To recap, as from September 2002 it will be unlwful for schools,

without justification, to discriminate and/or to fail to make

‘reasonable adjustments’

But with the best will in the world some barriers will remain

The DDA’95, as amended, therefore imposes a new duty on

LEAs and schools to plan to eliminate barriers in the longer term


Accessibility plans and strategies

LEAs and schools are, respectively, under a duty to prepare accessibility strategies and accessibility plans aimed at:

increasing the extent to which disabled pupils can participate in the curriculum

improving the physical environment

making accessible to disabled pupils information which is presented in writing to those not disabled

The planning duties comes into force on 1 September 2002 but plans need not be produced until April 2003.


‘Accessible Schools: Planning to increase access to schools for disabled pupils’

This guidance document is being issued by the DfES to explain

and illustrate the new planning duties

It should be read alongside the Schools Disability Code of

Practice and the SEN Code of Practice


Accessibility strategy

The LEA’s accessibility strategy will:

be based on information about the accessibility of Essex

schools (Asset Management Plan)

set goals, targets and time-scales

allocate Schools Access Initiative funding

relate to the allocation of capital funding


Information needed by the LEA

The DfES expects schools to provide information to enable

LEAs to draw up their accessibility strategies

In Essex the LEA already holds much information and at this

stage will be doing no more than sending out a brief

questionnaire to consolidate information on wheelchair access.


School accessibility plans

“ The School Accessibility Plan should be responsive to the needs of the school and of the pupils accessing the education and other services provided by the school.”

“Schools cannot wait for LEAs to make them accessible. Schools will have to consider what they can do to improve the accessibility of the school within their delegated budget, including the use of devolved capital funding.”


Creating an access plan

Annex E to the DfES guidance document provides an example of a plan in the following format

Targets Strategies Outcome Timeframe Goalsachieved

Short term

Medium term

Long term


The DfES planning model

Setting up of an accessibility

planning group

Evaluation strategies Access audit

and review of current

activities

Setting goals and Devising of Utilise

targets strategies available expertise


Setting up a planning group

The DfES suggest that in larger schools members could include:

SEN link governor

parent

disabled pupil

voluntary organisation representative

head teacher

In smaller schools the plan might be taken forward by

the senior leadership team


Utilise available expertise

In any event schools should consult widely and seek to involve those such as:

disabled pupils

parents of disabled pupils

local voluntary and disability organisations

specialist teachers


Access audit and review of current activities

Conduct access audit (see checklist at Annex D in DfES guidance document)

Use audit tools to review current activities (see next two slides for suggestions)

Identify areas in need of change


DfES suggested audit tools


Schools might also consider


Devise strategies to eliminate barriers

Identify training needs Consider organisational and curricular barriers List and categorise necessary building adaptations

refurbishment and maintenance

minor capital - e.g. ramps, handrails, installation of Soundfield system, moving science lab or library to ground floor

major capital - e.g. installing a lift, making linkway between accessible and inaccessible floors

Prioritise into short, medium and long term Co-ordinate with existing plans


Funding the plan Potential funding streams

major capital scheme (from LEA funds)

local scheme using devolved capital or non-public funds - e.g. a bequest

Seed Challenge

special government initiative

capitalised repair and maintenance

devolved repair and maintenance

[Ensure all school-funded improvements meet DfES standards]


Ensuring the plan’s future

DfES suggest that whilst the plan may initially be discrete

it should in time be integrated with School Development Plan

whilst the planning process should become a “thread running through” all the school’s plans and policies - e.g.

• capital works and premises management

• curriculum planning

• IT support

• staff training


Publication of the plan

In maintained schools the plan must be published in the annual governor’s report to parents.

It is recommended that:

the plan is published in full and

made even more widely available including circulation to staff and pupils ... “to encourage a sense of ownership”


Evaluation Strategies

Schools are required to keep their plans under review

Evaluation strategies should be developed in connection with goals, targets and time frames

Success indicators might include:

an increased number of disabled pupils

observable changes in staff confidence

evidence of greater participation of disabled pupils in school life (e.g. after school clubs)

greater satisfaction of parents of disabled pupils


Implementing the plan

The DfES guidance concludes

“Once a school has produced an accessibility plan, the school is under a statutory duty to implement the plan and to allocate adequate resources for it.”

Note though that the DDA’95 merely says

“In preparing an accessibility plan, the responsible body must have regard to the need to allocate adequate resources for implementing the plan”


Redress and conciliation

As from September 2002 the SEN and Disability Tribunal will hear claims of unlawful discrimination

The tribunal will have the power to

declare unlawful discrimination

order remedies

but will not be able to award financial compensation

Alongside this the Disability Rights Commission will offer a conciliation service to promote the settlement of claims without the need for a tribunal hearing

abc schools and disability jackie jackson-smith provision development officer, senaps chris percival...

Documents

disability slide

duties u

skills u

school slide

abc duty

abc key documents u

disability act

abc objectives