The Special Educational Needs and Disability Act

When the government published their Valuing People white paper in 2001, they clearly outlined their desire to protect and discourage discrimination against disabled, learning disabled and special needs people. It also wanted them to have the same life opportunities as other people, as well as achieving social inclusion within their community.

In line with these views, the Special Educational Needs and Disability Act 2001 was created to help establish legal rights for disabled and special educational needs children in compulsory and post-16 education, training and other student services. It extended the Disability Discrimination Act 1995 and sought to eradicate unjustified discrimination against students and adult learners that are disabled, making such cases of discrimination unlawful. The Disability Discrimination Act 2005 fortified this move by ensuring that public authorities were given a duty to promote and reinforce equality for disabled people.

Brief Summary

The Disability Discrimination Act (DDA) 1995 legislated that it is against the law for goods, services and facility providers to discriminate against disabled people by treating them less favourably due to their disability. If someone is adamant that this sort of discrimination is justified, they would be required to show why such action should be regarded as reasonable. The DDA 1995 did not, however, extend as far as encompassing education providers. The Special Educational Needs and Disability Act 2001 was created in order to tackle discrimination in this sphere and extend the DDA 1995.

Under the Special Educational Needs and Disability Act 2001, schools, colleges, universities, adult education providers, statutory youth services and local education authorities were required to make the same sort of reasonable adjustments for disabled people as stipulated in the DDA 1995. The aim of including these groups, organisations and bodies in the Act was to ensure that disabled people were offered the same opportunities and choices as those in mainstream society. It was also designed to make sure that where possible, disabled people have the right to be able to work at their fullest capacity and have the chance to fulfil their potential.

What Are Reasonable Adjustments?

In order for some disabled people to have access to an array of educational services, they may need special provisions made. The Special Educational Needs and Disability Act requires that disabled people are not suffering significant disadvantages in balance with other non-disabled people.

The reasonable adjustments made vary from individual to individual – in some cases it may be extra equipment for a physically disabled person, or in the case of a learning disability, it may be a provision in the form of a member of specialist support staff, or changes to timetables, course requirements, or providing alternative teaching and learning materials.

The Act covers many areas of student services, from access and provision of learning resources, exams and assessments and arrangement of work placements. So to summarise, the Act basically describes reasonable adjustments as alterations to normal practices and procedures, alterations to physical features and the provision of extra support.

Exemptions

In some cases, allowing for these reasonable adjustments may not include the provision of extra support and the changing of physical features. A child that is thought to have special educational needs will already have been provided for in the guise of a School Action Plan or Statement of Special Educational Needs, which outlines the needs and provisions that the child requires. Depending on the child’s needs, these assessments can influence admission to certain state schools.

It’s also worth noting that schools are currently collating long-term plans in relation to improving access for the disabled.