The Disability Discrimination Act Part 4
Working with Partner Institutions - A Good Practice Guide
Introduction
The Disability Discrimination Act 1995 (DDA) was extended to education from September 2002 following amendments introduced by the Special Educational Needs and Disability Act 2001. The legislation aims to ensure that disabled people have equal opportunities to benefit from, and contribute to the learning and services available in higher education institutions.
The legislation protects disabled students in all aspects of their studies. Further information and a more detailed interpretation of the law can be found in the Code of Practice for Providers of Post-16 Education and Related Services available from the Disability Rights Commission (see Helpline details at the end of this leaflet). The DRC have also published a series of guidance booklets.
A brief outline of higher education institutions' responsibilities
The post-16 sections of the Act apply only to certain types of providers. These are:
- institutions in the higher education sector;
- institutions in the further education sector and, in Scotland, colleges of further education;
- local education authorities or education authorities securing further education, including adult and community education;
- schools providing further education for adults;
- local education authorities providing the statutory youth service and, in Scotland, education authorities; securing community education (from now on referred to jointly as 'Youth and Community Services').
Government regulations list other specific institutions covered by the Act.
Which providers are not covered by the post-16 duties?
The post-16 sections of the Act do not apply to other providers of education, even if the provision, education or qualifications they offer are the same as those offered by organisations that are covered. The key issue is whether the institution or providing body itself is covered. If the provider is not one of those listed above, the provision does not fall under the post-16 sections of the Act.
Private providers of education and work-based training providers are not covered by Part 4 of the Act, but by Part 3. [s 19] For more details of what is required under Part 3 see the Code of Practice on Rights of Access to Goods, Facilities, Services and Premises.
Higher Education Institutions will have policies and practices in place to meet the demands placed upon them by this legislation. Many HEIs will be validating courses and provision at other institutions, some of which are not covered under the auspices of The Special Educational Needs and Disability act, but who will, nevertheless, still be covered under part III of the Disability Discrimination Act.
Good Practice
It is good practice for an institution to provide its partner institutions with appropriate support and guidance to empower the institution, regardless of its size, to offer an appropriate level of support to its disabled students and to avoid discriminating either intentionally or unintentionally. Ideally, this support should be directed towards staff development opportunities in order that the partner institutions can benefit from the knowledge and experience of the validating institution, to develop its own levels of support.
Sharing of Developed Resources
Higher Education Institutions should be prepared to share resources that have been developed to aid the support of disabled students. This includes the sharing of administrative systems that have been developed and policies that can easily be adapted to suit the individual needs of the smaller institutions.
Foe example : - A HEI could offer a staff training day for its partner institutions. During the day there could be an opportunity for partner institutions to look in detail at office procedures, for example - the whole process involved in screening a student for dyslexia, through to the stage when support is in place through the Disabled Students' Allowances. Access to resources and information would also be useful - for example, it might be possible to sub-contract educational psychologist services, or at the very least to enable introductions to be made to a pool of external support that it would be difficult for a smaller institution to develop alone.
A HEI should also be prepared to offer advice and training on a regular basis to staff from partner institutions, particularly with regard to supporting students with a range of disabilities. The partner institutions should be able to benefit from the expertise that is often resident in a large institution. This could be adopted as standard practice within the local agreements and contracts.
Staff Training should also include comprehensive training on SENDA - although some partner institutions will not fall under this section of the DDA, it is nevertheless a minimum standard of service that all should seek to provide. It should be noted, however, that a HEI does not have responsibility under SENDA for the delivery of validated courses, although it might have responsibility for the delivery of franchised courses.
Institutions are only expected to do what is 'reasonable'. What is reasonable will depend on all the individual circumstances of the case, including the importance of the service, the financial or other resources of the institution and the practicality of the adjustment. Other issues, such as the need to maintain academic standards, health and safety and the relevant interests of other people including other students are also important.
Validating Courses
When validating courses, HEIs can assist partner institutions to ensure that the courses offered are accessible for disabled students by considering the following criteria:
- Do course validation procedures consider the accessibility of new programmes?
- Are programme specifications reviewed to ensure they include no unnecessary barriers to access by disabled people?
- Are staff clear on the core elements of a course and where adjustments may, or may not, be made?
More information
For information on legal responsibilities towards disabled students and applicants under the Disability Discrimination Act see the Code of Practice for Providers of Post-16 Education and Related Services available from the Disability Rights Commission Helpline.
Please contact:
The Disability Rights Commission Helpline
Freepost
MID 02164
Stratford upon Avon
CV37 9BR
Telephone: 08457 622 633
Textphone: 08457 622 644
Fax: 08457 778 878
Email: <enquiry@drc-gb.org>
Website: http://www.drc-gb.org/
For general information about good practice for disabled students, contact:
Skill: National Bureau for Students with Disabilities
Information Service
Chapter House
18-20 Crucifix Lane
London
SE1 3JW
Telephone: 0800 328 5050
Textphone: 0800 068 2422
Email: <info@skill.org.uk>
Website: http://www.skill.org.uk/