VICTORIA EATHORNE Disability Advisor RCN Learning Representative

The Disability Discrimination Act 2001 and its implications for Education & Training for Learning Representatives for Learning Representatives

AIMS To outline …. D.D.A S.E.N.D.A Implications for Learning Reps D.R.C. -Good Practice Codes

Background Disabled people are twice as likely as non- disabled people to have no qualifications whatsoever One in five pupils will be identified as having a 'special educational need' while at school One in twenty disabled people are at a college of further or higher education or university - compared to one in ten of the rest of the population More than double the number of disabled people are out of work compared to non-disabled people

Disability Discrimination Act 1995 Those providing goods, facilities or services have duties- Not to refuse a service Provide worse standards OR Offer service on worse terms on grounds of a person being disabled

Disability Discrimination Act 1995 Also Covered goods, facilities, services and premises Employment Letting & Selling property AND Education ONLY obligation to produce an annual statement

SENDA 2001 SENDA 2001 from September 2002 (1) It is unlawful for the body responsible for an Institution to discriminate against a disabled person- (a) in the arrangements it makes for determining admission to the Institution as a student; (b) in the terms on which it offers to admit him to the Institution as a student; or

(c) by refusing or deliberately omitting to accept an application for his admission to the Institution as a student. (2) It is unlawful for the body responsible for an Institution to discriminate against a disabled student in the education or associated services provided for, or offered to, students at the Institution by that body.

Main duties under SENDA Not to treat disabled RCN members less favourably 2- To make reasonable adjustments to avoid putting the disabled participant at a substantial disadvantage

Associated services... Policies Clubs and activities Assessment and exams Trips Homework Sports classroom organisation Access to facilities Grouping of students Breaks and lunchtimes Serving of meals The curriculum Preparation for entry to the Institution

Who is covered? Disabled persons as defined by the DDA 1995 Someone who has a physical or mental impairment which has a substantial and long-term adverse effect on his or her ability to carry out normal day to day activities

Codes Schools and Post-16 Consultation ended Oct 2001 School nurses forum contributed to RCN response Code commenced in May 2002

Learning Representatives Learning Reps assist members with professional development Accessing education and training courses Pre and post registration courses

Supporting RCN members Identify disabled RCN members provide support link with training departments, universities, colleges, LTSN negotiate with employers; workshops, events, training needs

Supporting Learning Reps LCET team provide training for learning reps across the UK RCN Adviser on Disability issues Distance learning pack on DDA/SENDA Paid time off in the workplace Network with the LTSN Lead officer in each RCN Region

Implications for Learning Representative Concepts - medical or social model? Accommodating disabled RCN members in learning needsAccommodating disabled RCN members in learning needs Disability Awareness training ‘Positive about disabled people’‘Positive about disabled people’ ‘Reasonable adjustments’ - advocate and advise Advice & training e.g. medicationAdvice & training e.g. medication Understanding needs and behaviour related to the RCN members impairment

Implications for Learning Representative Funding specialist support/technology staff development quality/policy issues examination and assessment identification of students practice risk

‘Education in Health Lifelong learning Liberating the Talents Working Together; Learning Together National Bureau for Students with disabilities (SKILL) Learning & Teaching Support Network Learning & Skills Council NHSU Union Learning Fund

Further information ‘Education for all’ DRC Campaign gb gb.org/drc/Campaigns/Page431.asp Schools Code- Published May 2002 (also Post-16 Code) Special Educational Needs and Discrimination Act 2001