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Disability Equality Implementing the Disability Discrimination Act
The Disability Discrimination Act (DDA) 2005 introduced a general duty on all public bodies including schools to promote disability equality. (This is similar to the duty to promote race equality under the 2002 Race Relations Amendment Act).
This represents a shift from individuals with impairment having to complain about poor treatment to placing the onus on public bodies to plan ways in which people with disabilities are treated fairly. When carrying out this function, public authorities must have regard to the following: -
Promoting positive attitudes towards disabled persons Encourage participation by disabled persons in public life Promote equality of opportunity Eliminate disability related harassment Eliminate unlawful discrimination Use positive discrimination if necessary (unlike race/gender issues, positive discrimination is allowed)
Definition of Disability
“A person has a disability if he [sic] has a physical or mental impairment which has a substantial and long-term adverse effect on his [sic] ability to carry out normal day-to-day activities”.
In the Act a person must be substantially affected by their disability in one of the following capacities:
Mobility Physical co-ordination Manual dexterity Continence Ability to lift, carry or otherwise move everyday objects Speech, hearing, eyesight Memory or ability to learn, concentrate or understand Perception of risk or physical danger
For the purposes of definition, ignore the effects of medical or other treatments or aids or appliances
Models of Disability
Traditional Medical Social (informing current policy)
Disability Equality Scheme
On December 5 2006, all public bodies should publish their Disability Equality Scheme (DES), which includes all Secondary Schools (Primaries, PRUs and Special Schools have a one year delay).
Go to the website www.dotheduty.org
When producing the DES, there is a requirement to involve disabled people, including: -
Disabled pupils and those given a place at the school Disabled staff Disabled parents and governors Disabled members of the community and their organizations
Some issues identified by disabled pupils
Bullying, isolation, name calling Lack of friends Not being allowed on school trips and activities Never seeing themselves in the curriculum materials Lack of disabled role models Ignorance about what having their impairment means Over protective attitudes of staff and other children Lack of access Personal and teaching assistants insensitive to their needs Lack of independence
Some issues identified by disabled staff
Reasonable adjustments in terms of timetable, location of teaching rooms Overcoming barriers to short-listing for promoted posts Access to ongoing professional development Extra time off arising from their impairment not counting on sickness monitoring Not wanting to be used for break and other ancillary duties Provision of light duties and flexible working to take account of fatigue Being consulted
Some issues identified by disabled parents
Being supported to take their children to and from school Being able to access school information and newsletters Being able to access parents evenings and other school meetings Having access to Governor and PTA minutes in accessible formats Accessing school plays and shows Having support to support their children doing homework
Some issues identified by disabled community members
Access to the facilities on site Information available in accessible formats Parking Charging Promoting disability equality
Areas to be covered by the DES
School ethos vision and values Admissions, Transition, Exclusions Achievement of pupils Disability in curriculum - developing positive attitudes Engaging disabled pupils, staff, parents and local community Removing barriers – physical, communication and curriculum – School Access Plan Lettings and use by community and PTA etc. Eliminating bullying and harassment Employing and promoting, training disabled staff Data collection, monitoring and assessment – PLASC data will be replaced by ‘Raise on line’ – Gather data on disabled pupils by impairment and track their participation/inclusion in school life e.g. subjects, trips, extra-curricular etc. Ditto for parents. Confidentiality/sensitivity. How effective are reasonable adjustments e.g. teaching and learning breaks, lunchtime/after school clubs and trips Parents & the governing body Self evaluate the effectiveness of the scheme – impact assessment – identify what IS NOT working well! Say what you’re going to do about it and measure the effectiveness of the intervention.
Resources
Every school is entitled to one free copy of ‘Implementing the Disability Discrimination Act in Schools and Early Years Settings’. This contains a wealth of written materials and 3 DVDs showing ways in which real schools have successfully made reasonable adjustments to include children with a disability. These resources are ideal for staff training. DfES Publications, PO Box 5050, Sherwood Park, Annesley, Nottingham NG15 0DJ or 0845 60 222 60 or www.teachernet.gov.uk/publications.
www.dotheduty.org
For curriculum ideas, and discussion about teaching with moving image media, ‘Disabling Imagery?’ by Richard Rieser £20. Short films and film clips exploring disability issues and accompanying ideas for lessons – suitable for KS3 & KS4. Available from Disability Equality in Education - telephone number 0207 359 2855 or fax 0207-354 3372. Also available from DEE a catalogue of resources for Primary & Secondary age pupils.
Jane Sarmezey Educational Psychologist 21st February 2007
If schools need help with formulating a Discrimination Equality Policy they can get a template from the DfES. It is an appendix to "Implementing the DDA in schools and early years settings". This template should have been sent to schools.
You can get a copy from the DfES Publication on 0845 60 22 60 quoting reference 0160-2006DOC-EN.
This will be sent free to school addresses.
The officer who deals with this in Norfolk is Kim Barber who had also produced before the DfES one was available. She can be reached at kim.barber@norfolk.gov.uk
Tony Mulgrew 22nd February 2007
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