Disability Discrimination Act

1. Disability Discrimination Act Part 4 September 2002

2. Disability Discrimination Act Originally passed in 1995. For education providers, new duties came into effect 1 September 2002 (Part 4 of the DDA) as amended by the Special Educational Needs and Disability Act (SENDA).

3. Disability Discrimination Act Key Legislative Requirements Promote non-discriminatory practice in: Admissions and enrolments Teaching, training and learning Anticipate the individual needs of learners with reasonable adjustments to provide: Appropriate and accessible facilities, aids and services, appropriate accommodation and access

4. Disability Discrimination Act Definition � Disability Someone who has a physical or mental impairment, which has an effect on his or her ability to carry out normal day-to-day activities. That effect must be: Substantial Long term (over 12 months) Adverse

5. Disability Discrimination Act The duty for education providers to make auxiliary aids available, by way of reasonable adjustment, came into force in September 2004. The duty to make reasonable adjustment to the physical features of education premises to overcome barriers to access, comes into force September 2005.

6. Disability Discrimination Act Definition of �Reasonable� Cost, transport, medication. Failure to offer a place, failure to make adjustments in teaching and learning, handouts and other teaching resources. Attitudes, hidden disabilities. Grants are available to respond to the Act.

7. Disability Discrimination Act What is �Reasonable�? Anticipatory: Whole college approach Enquiry to progression Across all provision and services Evolving: Cost, transport, medication Failure to offer a place, failure to make adjustments in teaching and learning, handouts and other teaching resources Attitudes, hidden disabilities

8. Disability Discrimination Act Encouraging Disclosure Proactive in encouraging people to disclose: Application and enrolment process Publicising provision Providing opportunities in confidence Explaining the benefits of disclosure Atmosphere and culture open and welcoming so that disabled people feel safe to disclose

9. Disability Discrimination Act Encouraging Disclosure (continued) Disclosure, confidentiality and passing on information: Once one person in the organisation knows, the whole organisation is deemed to know (providing consent has been given) Information on a person�s disability cannot be passed on without explicit informed consent Following disclosure and consent, information must be passed on to the appropriate person/people in a secure manner Organisation is responsible to inform staff, not student Disclosure could occur with anyone (eg tutor, enrolling staff, LRC staff, Reception

10. Disability Discrimination Act Questions you need to ask yourself: Do we/are we complying with the Data Protection Act? Does the college undertake appropriate training re DDA Part 4? Is the college improving its facilities/resources, etc? (making reasonable adjustments) Do we have the appropriate policy documents, and if we do, are they reviewed? Is the college forward-thinking? Remember the legislation is anticipatory Who is responsible for ensuring that the DDA is implemented at South Birmingham College? Is discrimination ever justified?

11. Disability Discrimination Act Definition � Learning Difficulty Significantly greater difficulty in learning than the majority of persons of the same age. Disability which prevents or hinders making use of training facilities.

12. Disability Discrimination Act Definition � Disability Discrimination Treating someone less favourably than someone else for a reason related to his or her disability with justification. When there is a failure to make reasonable adjustment where a disabled student is places, or is likely to be placed, at a substantial disadvantage in comparison with a person who is not disabled.

13. Disability Discrimination Act it is UNLAWFUL to discriminate against disabled students in the application, admission and enrolment process. It is UNLAWFUL to discriminate against disabled students in the provision of �Student Services�

14. Disability Discrimination Act Teaching Examinations and assessment Visits Informal/optional sessions, eg study skills Adult education courses Finance Open days Welfare Tutorials Field trips Work experience (but EU directive) Short courses (day or evening) Distance learning and e-learning Libraries, learning and information centres Car parking College shops Leisure, recreation, sports facilities Canteen

15. Disability Discrimination Act For further information: DISABILITY RIGHTS COMMISION Web Site: www.drc.gb.org E-mail: enquiry@drc-gb.org Helpline: 08457 622 633 Fax: 08457 778 878