THE SPECIAL EDUCATIONAL NEEDS AND DISABILITY ACT

SENDA

AIMS

To provide a briefing on the ActTo provide a briefing on the Act To consider the implications for collegesTo consider the implications for colleges To consider the implications within the To consider the implications within the

classroomclassroom

SENDA

Amends the Disability Discrimination Act Amends the Disability Discrimination Act 19951995

Became Part 4 of DDABecame Part 4 of DDA Establishes legal rights for students with Establishes legal rights for students with

disabilitiesdisabilities Implemented since September 2002Implemented since September 2002

PREVIOUSLY..

Tomlinson Report 1996Tomlinson Report 1996 “ “inclusive learning” : redesigning the process of learning, inclusive learning” : redesigning the process of learning,

assessment and organisation so as to fit the objectives and assessment and organisation so as to fit the objectives and learning styles of the students.learning styles of the students.

Learning and Skills Act 2002Learning and Skills Act 2002 Institutions to promote equality for learners with learning Institutions to promote equality for learners with learning

difficulties or disabilitiesdifficulties or disabilities LSC has a duty to have due regard to promoteequality of LSC has a duty to have due regard to promoteequality of

opportunityopportunity

Who is protected by the Act ?

DDA defines a person with a disability as DDA defines a person with a disability as someone who has a physical or mental someone who has a physical or mental impairment which has a substantial , impairment which has a substantial , adverse and long term effect on his or her adverse and long term effect on his or her ability to carry out normal day to day ability to carry out normal day to day activitiesactivities

Handicap & disability are not interchangeable terms

Avoiding offence

Student first : disability secondStudent first : disability second SEN is for schoolsSEN is for schools Mental health difficultiesMental health difficulties Wheelchair userWheelchair user Deaf/partially hearingDeaf/partially hearing Blind/partially sightedBlind/partially sighted Assistants/enablersAssistants/enablers Avoid normalAvoid normal toiletstoilets

Who is responsible under the Act ?

Governing bodiesGoverning bodies

LEA/LSCLEA/LSC

Implementation

Main implementation Main implementation Sept 2002Sept 2002 Aids & servicesAids & services Sept 2003Sept 2003 Physical featuresPhysical features Sept 2005Sept 2005

AnticipatoryAnticipatory

Redress available……

Internal complaints ( make sure this is Internal complaints ( make sure this is accessible!)accessible!)

County CourtsCounty Courts Disability Rights CommissionDisability Rights Commission

What is discrimination ?

Treating someone less favourably than Treating someone less favourably than someone else for a reason related to their someone else for a reason related to their disabilitydisability

Failing to make reasonable adjustmentsFailing to make reasonable adjustments

Treating someone less favourably

MarketingMarketing Admissions Admissions (qualifications,enrolment procedures)(qualifications,enrolment procedures)

Services Services ( learning support,library,canteen)( learning support,library,canteen)

On courseOn course Teaching ( inc field trips)Teaching ( inc field trips) Work experienceWork experience Rooms & resourcesRooms & resources enrichmentenrichment

Adjustments

Staff awareness ( teaching & support staff)Staff awareness ( teaching & support staff) Teaching differentiatedTeaching differentiated Classrooms & resources accessibleClassrooms & resources accessible Assessment/accreditation plannedAssessment/accreditation planned

Must not over-ride academic standardsMust not over-ride academic standards Other learners must be taken into accountOther learners must be taken into account Must not contravene Health & Safety regulations…Must not contravene Health & Safety regulations…

Health & Safety

There may be occasions where Health & Safety There may be occasions where Health & Safety considerations over-ride the college’s ability to considerations over-ride the college’s ability to make reasonable adjustmentsmake reasonable adjustments

Must not be used to avoid making adjustmentsMust not be used to avoid making adjustments

Policies & procedures must anticipate students Policies & procedures must anticipate students with disabilities with disabilities ( inc Risk Assessments, fire evacuation ( inc Risk Assessments, fire evacuation procedures )procedures )

Medication : ensure have qualified staffMedication : ensure have qualified staff

Anticipatory

Adjustments should be made in anticipation Adjustments should be made in anticipation of students with disabilities applying.of students with disabilities applying.

Action plans, resources, support, training all Action plans, resources, support, training all available available

Disability Policy no longer legally required but it Disability Policy no longer legally required but it is good practice to have oneis good practice to have one

Reasonable

Very expensive structural adjustments Very expensive structural adjustments ( 2%)( 2%)

Size and resources of the college ( LSC)Size and resources of the college ( LSC) Physical access to all courses Physical access to all courses

(rooming/timetabling)(rooming/timetabling) How affects other studentsHow affects other students

Disclosure

Failure to disclose a disability will be seen as a justifiable Failure to disclose a disability will be seen as a justifiable reason for not making adjustments so long a opportunities reason for not making adjustments so long a opportunities to disclose given.to disclose given.

Make disclosure comfortable ( be open about range of Make disclosure comfortable ( be open about range of support& resources available )support& resources available )

Opportunities to disclose once course as startedOpportunities to disclose once course as started Not up to the student to inform all staff ( check Data Not up to the student to inform all staff ( check Data

Protection )Protection ) Working procedures in place to respond to disclosureWorking procedures in place to respond to disclosure Working procedures in place to review provisionWorking procedures in place to review provision

Environment/Accessibility

More than lifts and ramps…More than lifts and ramps… Procedures & possibility to relocate coursesProcedures & possibility to relocate courses Doors : Doors : heavy, swing back, high handlesheavy, swing back, high handles

Deaf awareness : Deaf awareness : loop, noisy roomsloop, noisy rooms

Visual impairment : Visual impairment : sineage, lighting, paths & stairssineage, lighting, paths & stairs

Personal care facilitiesPersonal care facilities Individual specific needs : Individual specific needs : height of tables, seating, height of tables, seating,

switches, software etcswitches, software etc

Accessibility of teaching materials

Will obviously depend on individual Will obviously depend on individual student’s needs but have available :student’s needs but have available :

Learning supportLearning support Accessible notes & handoutsAccessible notes & handouts Links with advisorsLinks with advisors Accessible field trips ( inc travel)Accessible field trips ( inc travel)

Have a go timeHave a go time

What next ?

FeedbackFeedback Audit own coursesAudit own courses Awareness of current students ?Awareness of current students ? Awareness when interviewingAwareness when interviewing Need for more information/training : Data Need for more information/training : Data

Protection, Differentiation, specific Protection, Differentiation, specific disabilitiesdisabilities

Support Line managers & Professional TutorsLine managers & Professional Tutors Learning ServicesLearning Services Study tutorStudy tutor In class supportIn class support ReportsReports ResourcesResources Teaching adviceTeaching advice ReviewsReviews Links to advisorsLinks to advisors

Skill : Skill : info@skill.org.ukinfo@skill.org.uk

Tool kitTool kit