Room 5 - Education Policies Room (Section 4 of 6)
Section 4: The Special Educational Needs and Disability Act (SENDA) 2001
Description of the Special Educational Needs and Disability Act (SENDA) 2001
The following description is adapted from a summary provided in a University of Birmingham Distance Education module unit entitled ‘Introduction to Visual Impairment: Legislation and Special Educational Needs’ (revised 2002) and Explanatory Notes to the Special Educational Needs and Disability Act 2001, produced by the DfEE, available on the HMSO website: HMSO Website.
The SENDA 2001 has been widely welcomed by voluntary SEN organisations and received cross-party support in Parliament, as it has the potential to bring about significant improvements in the educational opportunities available to children and young people with either disabilities or special educational needs. The Act consists of 3 parts, two of which are of particular interest here. Part 1 makes changes to the existing SEN framework in Part 4 of the Education Act 1996, whilst Part 2 deals with disability discrimination in education and amends Parts 3 and 4 of the Disability Discrimination Act 1995.
Part 1: Special Educational Needs
Part 1 makes changes to the existing legislation, in Part 4 of the Education Act 1996, for children with SEN following consultation on the Government’s Green Paper and Programme of Action. In summary, Part 1 strengthens the right of children with SEN to be educated in mainstream schools where parents want this and the interests of other children can be protected, and requires schools to inform parents where they are making special educational provision for their child and allow schools to request a statutory assessment of a pupil’s SEN.
Part 2: Disability Discrimination in Education
In September 2002, new Disability Discrimination Act 1995 (DDA) duties were applied to education for the first time. Schools, LEAs, colleges and universities all need to adhere to these new duties.
Chapter 1 of Part 2 places new duties on LEAs and schools (including independent schools and non-maintained special schools) in England and Wales and on Local Authorities (LAs), independent schools, self-governing schools and grant-aided schools in Scotland. In summary it is now unlawful for schools and LEAs to discriminate against disabled pupils, either current or prospective, for a reason related to their disability. A person is described as having a disability if he or she has a substantial and long term effect on their ability to carry out day to day activities. This covers physical disabilities, sensory impairments and learning disabilities. Parents who believe discrimination has taken place will be able to take action through the SEN and Disability Tribunal, or through admissions and exclusions appeals panels. Disabled children have the same rights of access to schools and their curriculum as their non-disabled peers.
Schools and LEAs must not treat disabled pupils less favourably, without justification, than their non-disabled peers in school admissions, educational and other services provided by a school for its pupils, and exclusions. By law they must take reasonable steps to ensure that pupils who are disabled are not put at a substantial disadvantage in comparison to pupils who are not disabled. This is known as the “reasonable adjustment” duty. To ensure that disabled children are not disadvantaged, schools will need to keep under review their policies, practices and procedures and ensure they do not disadvantage disabled children. For example, schools may need to think about their school and curriculum organisation, the deployment of staff and timetabling of lessons for disabled pupils. In arranging school trips, sporting activities and extra-curricula activities schools will have to consider arrangements that make such activities accessible to disabled pupils.
The Act also requires schools and LEAs in England to plan strategically to increase access to education. This includes improving access to the curriculum, physical improvements to increased access to education and associated services, and improved information in a range of formats for disabled children.
Chapter 2 of Part 2 relates to new duties placed upon further education institutions, higher education institutions, and LEAs in respect of adult education and youth services provision secured by them. In line with the duties placed upon schools and LEAs, there is a duty not to treat disabled students less favourably, without justification, for a reason which relates to their disability, and a duty to make reasonable adjustments to ensure that people who are disabled are not put at a substantial disadvantage compared to people who are not disabled in accessing further, higher and LEA secured education.
Activity 5
List six areas where a mobility and independence educator might be asked to advise a school in relation to SENDA.
Examples could include in-school and out-of school activities, including school trips, different lessons, access to school premises and areas within the school. Environmental and risk assessments are discussed in more detail in the Assessment section of the Delivery Room.
Useful Links / Resources
The text of the SENDA 2001 is available from the HSMO website.
The DfES publication “Accessible Schools: Planning to increase access to schools for disabled pupils” contains guidance for LEAs and schools on the new duty to plan to increase the accessibility of schools to disabled pupils, which came into force in September 2002 as part of SENDA 2001 (Chapter 1 of Part 2 relating to Disability Discrimination in Education). It is available to download from the DfES website: Special Educational Needs Section (follow ‘Publications’ link).
A useful summary of the guidance in “Accessible Schools: Planning to increase access to schools for disabled pupils” (see description above) is available from the DfES by clicking on the link below and searching ‘Publications’. The document has a checklist list designed to help identify barriers to access that exist in schools. It is not however, VI specific nor is it an exhaustive list, and does not cover every aspect that should be included in an audit of provision for children with visual impairment. It should be used as a starting point only. Department for Education and Skills, Special Educational Needs
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