The Disability Discrimination Act and Schools Making it
The Disability Discrimination Act and Schools Making it work 1 Disability Discrimination Act 1995 Applied to schools since 1996 in respect of: - employment, Part 2 - provision of goods & services to general public, Part 3 - but not to education SEN and Disability Act 2001 - amends DDA
- new Part 4 includes school education from Sept 2002 - education exemption from Part 3 lifted Making it work 2 SEN and Disability Act 2001 SEN framework Making it work
3 SEN and Disability Act 2001 SEN arrangements Making it work Planning duties 4
SEN and Disability Act 2001 SEN arrangements Disability Discriminatio n Planning duties duties
Making it work 5 Disability Discrimination SEN framework duties Planning duties
Auxiliary aids and services Making it work 6 Disability Discrimination SEN framework
Auxiliary aids duties Planning duties Access and services Making it work 7
Disability Discrimination SEN framework Auxiliary aids and duties Protection from
discrimination Planning duties Access services Making it work 8 Guidance DfES
SEN Code of Practice SEN framework Making it work 9 Guidance DfES SEN Code
DfES Planning of Practice SEN framework Making it work guidance
Planning duties 10 Guidance DfES SEN Code of DRC Code of Practice
DfES Planning guidance Practice Disability Discrimination duties SEN framework Making it work Planning duties
11 Protection from discrimination Who and what are covered? Current and prospective disabled pupils Every school and every aspect of school life: admissions, education & associated services, exclusions Making it work The responsible body for the school 12
Definition of disability in DDA: A physical or mental impairment with an adverse effect on the pupils ability to carry out normal day-to-day activities. Effect must be: - substantial - long-term Making it work 13 Every school:
- maintained, independent - mainstream, special - nursery, primary, secondary, including school VIth forms - community, voluntary, foundation or a city academy Making it work 14 Every aspect of school life: - admissions - education and associated services
- exclusions Making it work 15 Education and associated services: Making it work the curriculum teaching and learning classroom organisation breaks and lunchtimes
school policies school clubs and activities homework assessment and exam arrangements timetabling school trips exclusion procedures the whole life of the school 16 The responsible body for the school: - governing body - local education authority
- the proprietor Making it work 17 Protection from discrimination Two key duties: responsible bodies: * must not treat disabled pupils less favourably *must make reasonable adjustments for disabled pupils
Making it work 18 Less favourable treatment Disability discrimination is: - less favourable treatment than someone else - for a reason related to childs disability - when it cannot be justified Making it work 19
Three tests for less favourable treatment: - for a reason related to childs disability - less favourable treatment compared with a child to whom that reason does not apply - cannot be justified Making it work 20 Justification for less favourable treatment: - may be justified for a substantial and material reason
- permitted forms of selection - may not be justified if a reasonable adjustment could have been made, but wasnt Making it work 21 Reasonable adjustments: - to ensure no substantial disadvantage - comparison: pupils who are not disabled - justification Making it work
22 Reasonable adjustments: an anticipatory duty: - substantial disadvantage has to be anticipated - duty owed to all disabled pupils - liability, in the breach to an individual Making it work 23 Justification for a failure to make a reasonable adjustment: - a substantial or material reason
Making it work 24 Auxiliary aids Physical and services access
Two exemptions from reasonable adjustments duty: auxiliary aids and services - covered by SEN framework physical access - covered by planning duty Making it work 25 Policies, practices & procedures Reasonable adjustments
to policies, practices and procedures Making it work 26 Reasonable adjustments, factors that may be taken into account: - standards - resources - costs - practicability - SEN provision
- health and safety - interests of other pupils Making it work 27 Information issues: - lack of knowledge defence - confidentiality Making it work 28
Other changes to the DDA: - residual duty of LEAs - education no longer exempt from Part 3 - victimisation - conciliation Making it work 29 Accountability SEN provision, LEA decisions
OFSTED & SEN Disability Tribunal Making it work 30 Accountability SEN provision, LEA decisions Planning duties
OFSTED OFSTED & & SEN Disability Tribunal Making it work Secretary of State
31 Accountability Disability Discrimination SEN provision, LEA decisions OFSTED & SEN Disability Tribunal Making it work
SENDIST & Secretary of State Planning duties OFSTED & Secretary of State 32 Remedy: - a declaration
- an order: training guidance review, alteration of school policies additional tuition written apology - no financial compensation Making it work 33 Implementation issues for schools: - all staff
- information and communication - the anticipatory nature of the duties - DDA definition and behaviour - the context for implementation Making it work 34 Disability Rights Commission Help line: 08457 - 622 - 633 Making it work
», Revue de droit de McGill, vol. 51, 2006, p. 477, à la p. 478 : « En contrepartie, aux États-Unis, la loi confère aux employeurs le droit presque absolu de surveiller l'utilisation de l'Internet par leurs employés, pourvu qu'ils...
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