Chris et al,
Your selection of a dyslexic student as your example raised an interesting
issue for me. As I understand it, a dyslexic student might find it difficult
to prove that they were included within the DDA definition of a disabled
person as they might have no difficulties in carrying out daily tasks.
(Although they may be disabled in HE if no adjustments are made). Has there
been clarification of this point?
And just to open this up to the rest of the world: does disability
legislation ion other countries include dyslexic people within the
definition of "disabled"?
ATB
Claire
-----Original Message-----
From: The Disability-Research Discussion List
[mailto:[log in to unmask]]On Behalf Of Chris Benson
Sent: 24 May 2004 13:02
To:
Subject: Re: SENDA and UK HE[Scanned]
Allan
Places such as the boiler room and other non public non education places but
those where a disabled member of staff may go would already have to be made
accessible (say for a wheelchair using boiler person) under the employment
provisions which has covered physical features for a number of years. it is
only the physical features in relation to public areas that comes into force
for 2004 and as you say for educational services in 2005.
While the definition of Disability under SENDA is the same as under the DDA
(as SENDA should correctly be inserted into the DDA and become part of it)
the tasks in education institutions are irrelevant. Once an individual
shows they are covered by the act the adjustments they require do not have
to be from the list of day to day activities merely to remove any
substantial disadvantage.
If a student with dyslexia would struggle taking exams and thus needs more
time this could be an adjustment even if it did not fall in the list of day
to day activities in the act. The two are separate in this respect.
Chris Benson
Legal Officer
The Disability Rights Commission
-----Original Message-----
From: Allan Sutherland [mailto:[log in to unmask]]
Sent: 24 May 2004 11:48
To: [log in to unmask]
Subject: Re: SENDA and UK HE[Scanned]
The access sections of SENDA take affect in September 2005, a year later
than the DDA's provisions. My experience working with access consultant
Victoria Waddington (www.vwassoc.co.uk) is that many universities have their
access preparations well under way, and are concerned to work to best
practice standards rather than minimum compliance.
SENDA is formulated as being about the needs and rights of students, which
leads to the situation pointed out by Malcolm, where their responsibilities
to the general public, and to their staff, come under the DDA. This seems
to imply that parts of a university such as the boiler-room, staff offices
or even the library have to be accessible a year earlier than areas used for
teaching.
SENDA has a particular limitation, in that it uses the same 'ability to
perform everday tasks' definition as the DDA. It is not clear how much of
what takes place in higher education counts as 'everyday tasks'. This could
work against, for example, a dyslexic student seeking extra time to answer
an examination.
All the best
Allan Sutherland
----- Original Message -----
From: "Malcolm Macourt" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, May 24, 2004 8:40 AM
Subject: SENDA and UK HE
> I understood that one of the objectives of the Special Educational Needs
and
> Disability Act 2001 (SENDA) was to bring educational provision - including
> Further and Higher Education not just compulsory school-age education -
within
> the DDA ambit.
>
> HE institutions are already covered when their premises are used for
purposes
> other than education. As employers they are also already covered.
>
> The timescale for the implementation of some of the sections of SENDA has
> still some time to go.
>
>
> Malcolm Macourt,
> Newcastle upon Tyne
>
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