A note from the policy team at Skill on this issue from last week's
discussions...
1) Interpretation of the implementation dates. Ozcan Konur suggests that no
reasonable adjustments need be made until 2003. This is in fact incorrect.
Only reasonable adjustments which require 'auxiliary aids or services' are
exempted from the 2002 implementation dates. There is no definition of
'auxiliary aids and services' in Part 4 of the Act, although it was defined
under Part 3 (which covers the provision of goods and services). From the
Part 3 definition, it seems clear that an auxiliary aid or service is
something like an interpreter or notetaker which is completely additional to
existing provision, as opposed to an adjustment or amendment to something
you already have. Things then which wouldn't be considered auxiliary aids
and services, and which would therefore be required from 2002 might include
changes to policies and procedures, provision of materials in alternative
formats (although there has been some dispute of this one), or making
e-learning materials, websites etc accessible.
2) Ozcan also suggests that institutions have 'considerable discretion'
about what the may call 'reasonable'. The institution, in fact, has no
discretion at all, because the final arbiter or what is reasonable will be
the courts. There are, indeed, a large number of factors which it will be
relevant for people to take into account, but the court may revisit any
decision and decide that the decision the institution came to was not
'reasonable'. Just a technical issue on that point too, but actually quite
an important one, the 'reasonableness' issue is nothing to do with
'justifications'. These are entirely separate things. If you cannot find an
adjustment that is 'reasonable', you have, by definition not discriminated.
You only need a justification if you have discriminated. Justifications are
rather more restricted and only permissable in particular types of
circumstances.
I would just add that it would unlawful to charge a disabled student for
making a reasonable adjustment. If an adjustment is 'reasonable', the
institution has a statutory responsibility to make it (which includes paying
for it if they can persuade no third party to do so for them).
Also fyi a relevant note posted by Beatrice Merrick on the UKCOSA forum.
From: Self <[log in to unmask]>
To: [log in to unmask]
Subject: Re: Disabled international students-
disability funding
Date sent: Tue, 19 Feb 2002 14:27:30 +0
The next issue of the UKCOSA magazine, World Views, due to
reach members in early March, will contain an article from Skill
giving an outline of the implications of the new disability legislation
for international students. International students are covered by
the legislation, and most of the provisions of the act come into
effect in September 2002.
In the context of the current debate, the following extracts may be
helpful:
"When considering what would be a reasonable adjustment,
whether a student receives grants such as DSAs might be taken
into account. However, there is absolutely no relation between the
duty to make reasonable adjustments and eligibility for the DSA.
So, for example, overseas students who are not eligible for the
DSAs are still protected under the Act. In fact, institutions may
have to make more provision for such students because the
students are not receiving any other support from the DSAs and
without that support are substantially disadvantaged."
and also "Another factor that might be considered in decisions
about what is a reasonable adjustment, is the amount the student
is paying. For example, organising dyslexia tuition for someone
already paying thousands of pounds because they are from
overseas, might be considered eminently reasonable."
Sophie Corlett from Skill will also be running a session on this
topic at this summer's UKCOSA Conference, which should offer a
chance for institutions to compare notes on the level of support
they plan to offer.
Beatrice Merrick, Director of Services & Research
UKCOSA: The Council for International Education
9-17 St Alban's Place London N1 0NX
Direct line: 020 7288 4341
Switchboard: +44/020 7288 4330 fax: +44/020 7288 4360
email: [log in to unmask] URL: www.ukcosa.org.uk
UKCOSA is a registered charity no 313967
Caroline Lewis
Policy Officer
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Skill: National Bureau for Students with Disabilities
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