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Removing barriers for disabled pupils

Development and diversity

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Learning outcomes

You will understand:

the historical and educational context of the disability discrimination duties

how the SEN and DDA duties towards disabled pupils work together, and

how the reasonable adjustments duty applies in a range of contexts.

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Activity 1

Learning outcome

You will understand changes in attitudes to disability and to the education of disabled people.

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Activity 2

Learning outcomes

You will:

understand how the SEN and disability duties work together

understand the two core duties in the DDA, and

recognise how the accessibility planning duties and the duty to promote disability equality work for disabled pupils and other disabled people.

Three key elements in disability discrimination legislation

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The three key elements and the school’s duties

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Who and what is covered?

Disabled pupils and potential pupils

Every school and every aspect of school life: admissions, education and associated services, exclusions

The ‘responsible body’ for the school.

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Definition of disability in DDA

A physical or mental impairment with an adverse effect on the person’s ability to carry out day-to-day activities.

The effect must be:

substantial, and

long-term.

Two key duties

Responsible bodies must:

not treat disabled pupils less favourably, and

make reasonable adjustments for disabled pupils.

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Definition: less favourable treatment

Disability discrimination is:

for a reason related to the pupil’s disability

less favourable treatment than others, and

when it cannot be justified.

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Examples from the DRC code of practice

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

Is it justified?

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Remedy

A declaration

An order:

training

guidance

review, alteration of school policies

additional tuition

written apology

No financial compensation.

Some of the issues

Assumptions about disabled pupils

Blanket policies

Lack of risk assessments

Administration of medicines

School trips.

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Some of the issues (continued…)

Isolation from peers, punishment for behaviour related to disability

Bullying

Access to the curriculum

Selection arrangements.

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DDA 2005: duty to promote disability equality

General duty to promote disability equality

Specific duty to publish a disability equality scheme

Duties cover disabled pupils, employees and other school users

Disability equality scheme can incorporate existing plans, including the school’s accessibility plan.

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Activity 3

Learning outcomes

You will understand:

how widely the reasonable adjustments duty applies

that reasonable adjustments are made to overcome particular barriers to learning and/or participation, and

the process by which reasonable adjustments may be identified.

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Reasonable adjustments

To ensure no substantial disadvantage

Comparison with pupils who are not disabled

Justification

Anticipatory duty.

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Examples from the code of practice

What reasonable adjustments might be made?

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Identifying barriers and adjustments

Identify:

the reasonable adjustments shown in the film clips, and

the barriers that prompted the schools to make those adjustments.

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Jake’s sports day

Barrier Reasonable adjustment

Planning with pupil, parents, other agencies, DfES CD-ROM

Parallel activities

Risk assessmentSupport of TA

Re-order activities

Not knowing what to do

Can’t access activity

Fear of risk

Activities cause fatigue

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Activity 4

Learning outcome

You will identify particular features of schools that enable teachers to make successful reasonable adjustments.

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Reasonable adjustments: key factors

Vision and values based on an inclusive ethos

‘Can do’ attitude from all staff

Proactive approach to identifying barriers and finding practical solutions

Strong collaborative relationships with pupils and parents/carers

Meaningful voice for pupils

Positive approach to managing behaviour.

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Reasonable adjustments: key factors (continued…)

Strong leadership by senior management and governors

Effective staff training and development

Use of expertise from outside the school

Building disability into resourcing arrangements

Sensitive approach to meeting the disability-specific needs of pupils

Regular critical review and evaluation

Availability of role models and positive images of disability.

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Activity 5

Learning outcomes

You will:

identify barriers to participation and achievement in a school you know

identify reasonable adjustments to overcome those barriers, and

understand the process of removing barriers and evaluate the effect/impact.

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Identifying barriers

Write one barrier (not the solution), clearly and in large print, on a piece of card.

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Comparing findings: barriers

Do the barriers you have identified cut across the different disability groups?

Are they broadly similar for each group?

Are the barriers external to/within the pupil?

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Comparing findings: adjustments

Are barriers only removed by adjustments from the same ‘wall’ (organisational, attitudinal, physical)?

Are all adjustments costly?

Which barriers are the most difficult to overcome?

What are the key elements in deciding which adjustment to make?

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Activity 6

Learning outcomes

You will:

reflect on your learning in this session, and

identify key points of action for you to consolidate and apply your learning.