SUPPORTING DISABLED MEMBERS IN SCHOOLS AND COLLEGES

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1 SUPPORTING DISABLED MEMBERS IN SCHOOLS AND COLLEGES Almost 1 in 5 adults have a disabling condition, yet less than 3% of staff in Further Education declare that they have a disability (Guardian, 10 April 2007). Until December 1996, there had been no relevant legislation offering protection to disabled people in the UK. This situation was remedied with the implementation of the Disability Discrimination Act 1995 (DDA), and its amendments over the following eight years. In 2005, a new Disability Discrimination Act closed some of the loopholes in the previous Act and created a duty on public bodies, including schools and colleges, to actively promote disability equality from December Aside from introducing the Disability Equality Duty, the 2005 Act also broadened the definition of disability and reinforced the requirement on the employer to make reasonable adjustments to ensure that disabled people are not placed at a substantial disadvantage when compared with people who are not disabled. What is disability? According to the DDA, a disabled person is someone who has: a physical or mental impairment which has a substantial and longterm adverse effect on his or her ability to carry out normal day-to-day activities. People with cancer, multiple sclerosis, HIV infection or a severe disfigurement are automatically covered. Others who are covered may have one or more of the following impairments: sensory impairments, learning difficulties, an impairment resulting from or consisting of a mental illness, hidden impairments such as dyslexia, autism, speech and language impairments, diabetes, epilepsy, and Attention Deficit Hyperactivity Disorder (ADHD). All the above impairments amount to a disability if they have had or are likely to have an adverse impact on a person s ability to carry out day-to-day activities for 12 months or more. The effect on normal day-to-day activities is on one or more of the following: mobility; manual dexterity; physical co-ordination; continence; ability to lift, carry or otherwise move everyday objects; SUPPORTING DISABLED MEMBERS - 1 -

2 speech, hearing or eyesight; memory or ability to concentrate, learn or understand; perception of risk of physical danger. The DDA also offers protection to people who suffer discrimination following their disclosure of a previous DDA-defined disability, such as a mental health condition. What are the implications of the Disability Discrimination Act 2005 for schools and colleges? It is unlawful for schools, colleges and local authorities to discriminate against a disabled person by: treating a disabled person less favourably on the grounds of their disability than a person who does not have that particular disability; treating a disabled person less favourably for reasons relating to that person s disability than a person to whom that reason does not apply and that treatment in not justified; harassing a disabled person for a reason relating to their disability; treating a person less favourably because s/he has commenced a claim under the Disability Discrimination Act or has given evidence/information in proceedings brought by someone else or has alleged that a person has contravened the Act; and failing to make a reasonable adjustment to premises or working arrangements. The duties of schools and colleges under the DDA relate to disabled staff and disabled people who apply for a job. The duties apply to teaching and support staff, full-time and part-time; permanent, temporary or casual staff; and contract staff (i.e. contract cleaners and supply teachers) and cover the following areas: recruitment, selection and interview procedures; terms and conditions of employment; promotions and transfers; training and professional development; employee benefits and services; and termination of employment. The duty to make reasonable adjustments Schools, colleges and local authorities have a duty under the DDA to make reasonable adjustments to a job, any physical features of the premises or any arrangements so that disabled people are not placed at a substantial disadvantage compared with people who are not disabled. SUPPORTING DISABLED MEMBERS - 2 -

3 Examples of reasonable adjustments include: Altering working hours (e.g. permitting flexible working, part-time work or jobsharing; making adjustments to the timetable; implementing a phased return after a period of absence for treatment or rehabilitation); Allowing absences during working hours for assessment, rehabilitation or treatment; Changing the person s place of work (e.g. providing a classroom on the ground floor to a teacher with mobility difficulties); Making adjustments to the premises (e.g. widening a doorway; providing a ramp; installing non-slip flooring; altering lighting; providing a quiet room; and allocating parking spaces to disabled drivers); Reallocating some of the disabled person s duties and/or providing extra support (e.g. allocating a teaching assistant to help in preparing classroom materials, providing cover for a teacher who needs toilet breaks or breaks to take medication; replacing outdoor supervision duties with management tasks such as INSET co-ordination or mentoring); Supplying additional training (e.g. providing training in the use of particular pieces of equipment unique to the disabled person; holding training at accessible venues); Acquiring or modifying equipment (e.g. providing an induction loop in the school hall and other assembly areas; installing a visible fire alarm system; supplying magnifying facilities; providing an adapted telephone, or a pager that vibrates); Communicating in the workplace (e.g. providing a sign language interpreter, reading to a visually impaired person at particular times during the day; working with the previous class teacher for a transitional period; providing noise level meters; providing hand-held electronic spell-checkers; providing overhead projectors, enlarging copiers, laptop facilities etc.); Transferring the person to fill an existing vacancy (if no reasonable adjustments can be made to enable a disabled teacher to continue in their current post) (Adapted from: DfES, Promoting Disability Equality in Schools, 2006) The duty to promote disability equality In addition to being required to eliminate harassment and discrimination of disabled people on the grounds of their disabilities, schools, colleges and local authorities have also been required since December 2006 to promote disability equality as well SUPPORTING DISABLED MEMBERS - 3 -

4 as positive attitudes towards disabled people. As a consequence, all public sector bodies, schools, colleges and local authorities are expected to: encourage participation by disabled persons in public life; taking steps to take account of disabled persons disabilities, even where that involves treating disabled persons more favourably than those without a disability, and consult on and publish a disability equality scheme. The appendix contains a checklist for school representatives and branch secretaries on some of the implications of the disability equality duty for schools and colleges. From the medical model to the social model of disability Disability rights campaigners have criticised the medical model of disability for placing undue emphasis on what a disabled person cannot do due to their impairment/s. The medical model relies on determining what is wrong with a person in order to suggest what can be done to assist the individual to cope with their condition (cf. TUC, Disability and Work, 2006). Rather than focusing on what is wrong with the attitudes, systems and processes that create barriers for disabled people, the medical model of disability encourages and supports a situation in which disabled people become dependent on the assistance and benevolence of others in order to participate in society. Attitudes of employers and colleagues are cited as one of the greatest barriers to disabled people. However, concerns about whether disabled teachers, for example, can maintain discipline, communicate effectively or whether they will be absent more frequently have been mostly unfounded. Guidance by Skill: The National Bureau for Students with Disabilities on Employing Disabled Teachers (1999) provides some examples of how practising disabled teachers effectively meet the requirements of their roles. A social model of disability aims to remove the physical and attitudinal barriers to the full participation of disabled people in society. A disability equality scheme based on the social model of disability would not focus on the individual s impairment/s but on the identification by disabled people of the social, institutional and cultural obstacles to their participation and the measures needed to rectify this. Health and safety Health and safety concerns are frequently cited as a reason for not employing disabled people. However, in most cases, health and safety requirements can easily be met by making reasonable adjustments and other arrangements to ensure a healthy and safe teaching and learning environment. SUPPORTING DISABLED MEMBERS - 4 -

5 Employees with epilepsy, for example, rarely need adjustments. Statistically, the risk of injury from an epileptic seizure at work is between nil and 1%. 1 In consultation with the teacher, schools and colleges can assess any potential difficulties arising from the frequency, the time of occurrence, control and predictability of any epileptic seizures. In most cases, those with epilepsy have an excellent attendance record at work and any absences through sickness are no worse than those for the working population as a whole. 2 Funding reasonable adjustments Schools and colleges are required to ensure that they have appropriate resources in place to make reasonable adjustments and to implement their Disability Equality Scheme and action plans. Research by the Employers Forum on Disability has shown that the cost of most reasonable adjustments is often very low (less than 100). 3 If expensive adjustments are required schools and colleges may benefit from funding sources to improve access for disabled pupils and students which may also remove barriers to disabled employees, such as the Schools Access Initiative. Access to Work, a scheme designed to help employers and disabled employees, or potential employees, to remove practical obstacles that prevent disabled people s full participation in the workplace, can contribute funds towards a range of adjustments, including equipment, support, travel arrangements and costs, and support for disabled applicants at interviews This is an estimate by Epilepsy in Action. For more information, see Epilepsy in Action at Cf. DRC, Understanding the Disability Discrimination Act A guide for colleges, universities and adult community learning providers in Great Britain, (2007), p.29. SUPPORTING DISABLED MEMBERS - 5 -

6 Further information and resources Commission for Equality and Human Rights (CEHR) Kingsgate House Victoria Street London SW1E 6SW DCSF Sanctuary Buildings Great Smith Street London SW1P 3BT Tel: Disability Equality in Education Unit1M Leroy House 436 Essex Road London N1 3QP Tel: Employers Forum on Disability Nutmeg House 60 Gainsford Street London SE1 2NY Tel: Skill UK Chapter House Crucifix Lane London SE1 3JW Tel: Trade Union Congress Congress House Great Russell Street London WC1B 3LS Tel: SUPPORTING DISABLED MEMBERS - 6 -

7 Appendix Promoting disability equality in schools and colleges Does your school/college have a disability equality scheme and a related action plan? (N.B. primary schools, special schools and pupil referral units in England must have this scheme in place by 3 December 2007, all other educational providers in England and Wales should already have a disability equality scheme in place) Does your school/college consult with disabled staff, pupils and parents in developing its disability equality scheme? Does your school/college conduct regular disability equality impact assessments and does it publish the results of these? Does your school/college collect data by disability for all areas of teaching and learning where disability discrimination might occur? Is there any disability awareness and equality training for selection panels, governors, senior teachers and college managers? Is there a designated contact person for disabled staff in your school/college? Does your school/college encourage the application of disabled people for any vacancies? Is your school/college willing to accept disabled teachers for teacher training placements? Are medical screening and equal opportunities monitoring forms kept separate from application forms? Does the interview process at your school/college include demonstration lessons during which applicants can demonstrate their abilities? Does your school/college provide documents in large print, disk, braille or on audio tape as required? Is your school/college fully accessible in terms of gaining entry to the premises, moving around and making full use of it? Does your school/college monitor reasons for leaving among staff disaggregated by disability? Does your school/college promote positive images of disabled people through appropriate teaching resources and other materials? Please note that this is not an exhaustive list. You may wish to ask additional questions as appropriate. SUPPORTING DISABLED MEMBERS - 7 -