Hi,
I think it is important to start off with what the legislation says. The
following two paragraphs from the DDA Code of Practice, Part 4 are
particularly relevant to the definition of 'student'.
"The Act applies to any disabled people (including
those overseas) who are enquiring about, or
applying for, admission to a course in Great
Britain, and any disabled students (including those
overseas) attending, undertaking or enrolled on a
course in Great Britain.
A student does not have to be undertaking a
complete course to have rights under the Act.
Someone who is enquiring about, applying to,
attending or undertaking a course of study at an
educational institution (however long or short the
study period) is covered. This includes people
doing single modules, evening courses or
distance learning. Similarly, anyone enquiring
about, applying to or enrolled on a course or
using recreational or training facilities provided by
a local education authority (England and Wales) or
education authority (Scotland) is protected by the
Act."
Examples of disabled 'students' in the CoP include an international student,
a disabled school pupil attending a 'taster' course, and an adult learner
doing a distance learning HE course. Note that Part 4 also applies to
applicants and enquirers. As a rule of thumb, if a post-16 person is in a
learning situation at or provided by your uni then they are a student.
The CoP also explains that the legislation applies to former students, e.g.
those attending alumni events, the provision of references, students who
have been excluded (e.g. for attending appeal hearings).
I would think that Part 3 is most likely to apply in situations where the
uni hires out venues, e.g. for external lectures, exhibitions or
conferences, or for a facility such as a training restaurant where the
public can eat. It would also apply to the disabled parents of students who
may want to come to open days or degree ceremonies etc. I am not sure about
the situation with under 16s. However, whether they are covered by Part 3 or
Part 4 you still have a duty not to discriminate and to make reasonable
adjustments - so to a certain extent it is academic. Also, people can be
protected by more that one section of the Act. For example a disabled
member of staff is covered by Part 2: if they were also taking a course at
the uni, e.g. a PGCertHE course, then they would also be covered by Part 4.
Hope this helps.
Kind regards,
Caroline Davies
IMPACT Associates
www.impact-associates.co.uk
----- Original Message -----
From: "Noble, Kate" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, December 15, 2009 10:02 AM
Subject: Any helpful definitions of 'students' ?
Hello all
In revising our disability scheme I have become more aware of the subtle
distinctions between Parts II (employment), III (services) and IV
(education) of the DDA.
Part IV apparently applies to any services that HEIs provide 'wholly or
mainly for students'.
The question I have is what consitutes a 'student' ? For example - we
provide Widening Participation working with pre 16 year olds - are they
'students' or is this a service ? Similarly - we provide weekend performing
arts fee paying classes for 4-19 year olds (are they students or is it a
service?) and we provide adult education classes to adult learners (I guess
these are students?) but then we provide conferences and again are they
students or service recipients who attend ?
ECU suggest that the definition is actually a legal distinction, but I
wondered if anyone else had pondered similar situations and come out with a
useful general rule to apply in these situations.
If anyone would prefer to reply directly to me my email address is
[log in to unmask]<mailto:[log in to unmask]>
Thank you
Kate Noble
Equality & Diversity Adviser
Liverpool Institute of Performing Arts
Mount Street
Liverpool
L1 9HE
Tel: 0151 330 3000
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