The Scottish Government

Paper 3

REVIEW OF DISABLED STUDENTS ALLOWANCE PROJECT

(to download a pdf version click here)

Links between the DSA and DDA

&

Reasonable Adjustments

1. Introduction

1.1 This is the third paper issued as part of the Review of the Disabled Students' Allowance (DSA) project. The first paper outlined the current provision and rules for students who are claiming DSA. The second paper provided a comparison between the provision and rules governing DSA in Scotland with that in England, Wales and Northern Ireland.

1.2 The purpose of this paper is not to replace any existing guidance regarding the Disability Discrimination Act but to:

• provide some clarification about the relationship between institutional support to disabled students through the DDA (anticipatory duties, reasonable adjustment duties and disability equality duty) and the DSA;
• examine what support is currently provided to disabled students by institutions and compare this to the support which is provided through the DSA;
• examine issues which have been raised during the review of DSA with regard to reasonable adjustments and the DSA; and
• provide case studies to highlight examples of where institutions are making linkage between reasonable adjustments and the DSA and the effectiveness of that.

2. Background on Disability Discrimination Act

2.1 There have been a number of changes in recent years to disability discrimination legislation, for example the introduction of the Disability Discrimination Act (DDA) which has had a significant impact on education provision.

2.2 The DDA 1995 brought in measures to prevent discrimination against disabled people in the areas of employment and service provision. The Special Educational Needs and Disability Act 2001 (SENDA) amended the DDA part 4 to place specific duties on all educational institutions (pre and post 16) in the provision of education.

2.3 The DDA Act 2005 made further amendments by widening the definition of who may be a disabled person; bringing general qualifications bodies under the Act and introducing a duty to promote disability equality that includes general and specific duties.

2.4 Within the meaning of the DDA a 'disabled' person is someone who has a physical or hidden impairment for example, mental illness or mental health conditions, learning disabilities, dyslexia, diabetes and epilepsy, which has an effect on his or her ability to carry out normal day-to-day activities. That effect of the disability must be:

• substantial (that is, more than minor or trivial);
• adverse; and
• long term (that is, it has lasted or is likely to last for at least a year or for the rest of the life of the person affected).

2.5 The meaning of 'student' under the Act is also very wide. It includes:

• Full and part time students;
• Postgraduates and undergraduates;
• Home, EU and international students;
• Students on short courses and taster courses;
• Students taking evening classes and day schools;
• Distance and e-learning students; and
• Students undertaking only part of a course or visiting from another institution.

2.6 Under the DDA it is against the law for colleges and universities to discriminate against a disabled person in three areas:

• Admissions;
• Teaching and learning and other student services which are wholly or mainly for students - including student outings, leisure facilities and canteens, libraries and learning centres, work experience and student accommodation; and
• Exclusion from a course or institution.

2.7 The Disability Equality Duty (DED), which came into force in December 2006, places a specific duty on colleges and universities to develop and implement a Disability Equality Scheme. The purpose of this scheme is to narrow the gap between the outcomes and experiences of disabled and non-disabled people. An institution's scheme should include an action plan, arrangements for monitoring progress and an impact assessment. Institutions will have a duty to report annually on the scheme's progress and to review it every three years. The process requires active engagement with and involvement of disabled people in its development and review.

2.8 The duty to make adjustments in education (DDA part 4) is an anticipatory one. It is expected that institutions should continually anticipate the general requirements of disabled people with a wide range of impairments and health conditions rather than simply waiting until a disabled person requests an adjustment.

2.9 There are number of resources available to help staff and students understand these pieces of legislation and the duties. Examples of these resources are available in Annex A.

3. Support for Disabled Students

3.1 There are three funding strands through which the support needs of disabled students can be met:

• from institutional core resources;
• from additional institutional resources [extended learning support (ELS) and Disabled Students Premium (DSP)] provided by the Scottish Funding Council (SFC) for the purpose of meeting the needs of students with additional support; and
• through student support funds, paid to the individual student (associated with: bursary and additional support needs for learning allowance in non-advanced study; and student loans and DSA (for those eligible) in advanced study).

3.2 These strands will vary depending on the level of the course a student is undertaking and on whether the student attends college or university:

Colleges

3.3 With regard to core grant funding the SFC offers colleges a block grant and in accepting this grant, colleges have to agree to deliver a set level of student activity [1]. This activity is weighted according to the provision delivered, for example, agricultural courses are weighted higher than hairdressing courses due to the additional costs involved in running these courses. In total there are 18 different weights and the weighting also takes into account of whether there are students with additional support needs. This additional weighting can either apply to programmes specifically designed for such students or students on 'mainstream' courses who require additional support to access the course.

3.4 Extended Learning Support (ELS) is additional support funded through the SFC to colleges to meet the needs of students which arise from specific disability categories and which call for additional expenditure by the college. Students who benefit from ELS are those undertaking courses outwith Dominant Programme Group (DPG) 18. At present, the trigger for colleges to apply additional ELS weight (1.5) is the fact that a student has a disability. In return for receiving this funding from the SFC, colleges are expected to provide additional support to these students.

3.5 In November 2003 the then Scottish Further Education Funding Council (SFEFC) issued a consultation paper on the funding arrangements for students with additional support needs. The report made 10 recommendations relating to the funding, two of which specifically relate to developing a needs led approach. As a result of this consultation the SFC are piloting a new approach which is based on the educational needs of the students regardless of their disability. Further information about this pilot is available via

http://www.sfc.ac.uk/information/info_circulars/sfc/2006/sfc5706/sfc5706.html

Universities

3.6 The SFC also provides the vast majority of funding to universities for teaching in the form of a block grant to contribute towards the direct and indirect costs of providing teaching and learning for students. This includes the cost of academic, administrative, technical and support staff, facilities, accommodation, equipment and materials. Institutions should use this funding to provide support for students with disabilities. In addition, other grants (for example for widening access, part-time incentive etc) may also be used to support disabled students.

3.7 The Disabled Students Premium (DSP) for universities was introduced in 2001 to 'assist institutions with the additional costs that they incur in providing additional materials and services for disabled students'. The premium was intended to contribute to the costs of making reasonable adjustments, required by law, and to enable institutions to put in place the necessary changes to allow disabled students to access their learning. For example the DSP could assist with the additional costs incurred in providing additional materials and services for disabled students. Following a recent consultation the funding methodology for calculating the DSP was amended. Further information about the DSP can be found via http://www.sfc.ac.uk/information/info_consultations/sfc/2006/sfc0406c/sfc0406c.html.

4. Reasonable Adjustments

4.1 As previously mentioned, an education provider's duty to make reasonable adjustments is an anticipatory duty. This positive duty requires a shift in emphasis from retrospective individual action in tackling discrimination, to anticipatory and proactive approaches. The legislation encourages a systematic institutional approach to identifying and analysing potential discriminatory policies, practices and procedures in all aspects of an institution's activities, for example, student support services, assessment procedures and placements.

4.2 However it is also worth noting that reasonable adjustments should take into account an institution's individual situation and what resources they may have. This means that they will not be required to make changes that are impractical or beyond their means. The Code of Practice [2] published by the former DRC indicates certain factors which might be taken into consideration. These are summarised below:

• Maintenance of academic or other standards

The law doesn't expect academic, or other prescribed standards to be sacrificed. But staff will need to be clear what aspects (teaching and assessment methods etc) are core to a particular course (and could not be adapted without jeopardising standards) and those which are more peripheral. The General Medical Council has produced advisory guidance, aimed primarily at medical schools, on steps that should be taken at each stage of a disabled student's journey through medical education and training. A copy of this guidance can be found here http://www.gmc-uk.org/education/undergraduate/undergraduate_policy/gateways_guidance/index.asp. The maintenance of academic standards is also important when deciding on admissions criteria for a particular course.

• Financial considerations

The cost of making a particular adjustment and the funds available to an institution would be taken into account in determining reasonableness. Institutions with greater resources may be required to make more expensive adjustments than one with limited resources, such as a small college. For example, a larger education provider may find it easier to carry out disruptive building works to improve access by using alternative buildings which are not available to a small education provider. Even when an education provider's specific disability budget has been exhausted, they may still be required to make reasonable adjustments.

• Funding / other services available to the student

The law does not expect institutions to duplicate support that a student may be getting elsewhere. In some cases the DSA or other funding will be available to cover some of the costs. For example if a student is receiving Non Medical Personal Help Support via the DSA and has reached their maximum threshold then the institution would have to consider what reasonable adjustments it could make to support that student to allow them to continue with their studies. However the DSA is not intended to pay for disability-related costs that a student would have whether or not they were a student, for example assistance to meet a student's daily living needs; nor should it pay for study costs that every student might have.

While the law does state that in some cases the DSA or other funding will be available to cover the cost of providing support there is still a responsibility on institutions to ensure that they have inclusive services for all students and that they should make anticipatory adjustments. This matter is further discussed in Section 5.

• Practicality

The extent to which an adjustment is practicable might be taken into account. For instance, the effect on staff workload or the availability of services or resources might be considered.

• Health and safety

Staff and institutions must still operate within relevant health and safety legislation which may make some adjustments unreasonable. Care must be taken, though, that spurious health and safety considerations are not used as an excuse for avoiding making a reasonable adjustment.

• Effect on other people including students

If an adjustment would cause significant disadvantage to other students, then it may not be reasonable to make it. This has to be a significant disadvantage, though, not merely some inconvenience. The level of disadvantage to other students must be weighed against the substantial disadvantage to the disabled student in deciding what adjustments might be reasonable.

4.3 The duty to make reasonable adjustments is also a continuing duty. Education providers should keep the duty under regular review in light of their experience with disabled people applying for courses and using student services. In this respect it is an evolving duty, and not something that needs simply to be considered once and then forgotten. What was originally a reasonable step to take might no longer be sufficient and the provision of further or different adjustments might then have to be considered. Equally, a step that might previously have been an unreasonable one for an education provider to have to take could subsequently become a reasonable step in light of changed circumstances.

4.4 An education provider should be proactive in encouraging people to disclose a disability. This might involve:

• asking applicants to courses to declare their disabilities on application and enrolment forms;
• publicising the provision that is made for disabled people, or providing opportunities for students to tell tutors/teachers or other staff in confidence;
• asking students once they are on the course whether they need any specific arrangements because of a disability;
• explaining to students the benefit of disclosure and how this information will be kept confidential; and
• ensuring that the atmosphere and culture at the institution or service is open and welcoming so that disabled people feel safe to disclose a disability.

4.5 Although there is no onus on the disabled person to suggest what adjustments should be made it is good practice for education providers to ask but, where the disabled student does so, the education provider must consider whether such adjustments would help overcome the disadvantage, and whether they are reasonable.

4.6 A number of elements are important for colleges and universities who must prepare the ground for future students. These elements include:

• The anticipatory duty then enables institutions to anticipate the requirements of future disabled students;
• The Disability Equality Duty;
• The Disability Equality Scheme that follows on from the duty;
• Promoting disability equality amongst all staff and students;
• Competence standards; and
• Training of staff

4.7 Whether an institution or departments within an institution have disabled students or not, they have prior responsibility to ensure that procedure, policy, practice and the environment is not inherently discriminatory.

4.8 The Code of Practice suggests some of the following anticipatory adjustments:

• Availability of notes in electronic format to enable the use assistive software;
• Ensuring that material on the internet meets established guidelines for compatibility with specialist software ;
• Making budgetary provision for unanticipated adjustments required during the academic year;
• Policies for placements etc;
• Ensuring that staff with responsibility for estates issues are fully aware of accessibility requirements.

• Emergency evacuation arrangements, such as flashing lights, fire alarms or vibrating pagers for deaf people;
• Acoustics appropriate for hearing aid users;
• Desks, lab benches, work surfaces and reception desks vary in height or are flexible to have their heights changed;
• Appropriate seating;
• Access to services such as catering facilities; and
• Convenient and reserved parking spaces.

5. Link Between Disabled Students' Allowance (DSA) & the DDA

5.1 The purpose of the DSA is to remove any disadvantages a student may have in undertaking their course because of the effect of their impairment. In other words the DSA is there to help address the needs of the student which arise from the inaccessible elements of their course, such as providing specialist equipment, and non medical personal help.

5.2 This means that even though institutions may have inclusive practices, have made the necessary anticipatory duties and there is a process for continuously reviewing them, there will be some students that may still need to apply for the DSA so that they can access the inaccessible elements of their course. When a student is applying for the DSA there should be evidence to show:

• what inclusive practices have been used to assist the student, for example the designing of courses should consider the requirements of all their students;
• the anticipatory adjustments that have been made, for example flexible seating arrangements in examination halls; and
• that in addition to the support provided through the DSA, the institution will continue to consider what other suitable reasonable adjustments it can continue to make for the student.

5.3 During the evidence gathering phase of the Review of DSA a questionnaire was issued to all colleges and universities in Scotland regarding the issue of reasonable adjustments. A list of the institutions which responded to the questionnaire is contained in Annex B.

5.4 In the questionnaire the institutions were asked to provide examples of the types of anticipatory reasonable adjustment which they have made for disabled students before there is any application made for DSA. Their responses are centred around nine main areas - physical access, course access, technology, information management, specialist equipment, specialist support, library arrangements, pre entry support and adjustments relating to policy/cultural changes. Detailed information regarding the responses to these nine main areas can be found in Annex C.

5.5 As part of the Review of DSA the issue of who pays for a student's diagnosis was raised. Nearly every institution in their questionnaire responses stated that they also pay for Educational Psychologist Assessments on behalf of the student and that they considered this to be reasonable adjustment.

5.6 As part of the Review the issue of communication between the staff regarding reasonable adjustments was also raised as an area of concern. In the questionnaire institutions were asked to provide examples of how academic staff were advised about the reasonable adjustment (strategies, arrangements or equipment) for each student and for information about who is responsible for ensuring that the adjustments were implemented.

5.7 Most institutions who responded claimed that they use either email or online methods such as VLE to distribute information to appropriate staff. One institution uses a database linked to the student records system. A number of institutions commented that they do not identify who is responsible for implementing the recommendations or adjustments, merely who is responsible for passing them on to the relevant department. One institution commented that it is not clear to them who is ultimately responsible for implementation of the adjustments. Others have assigned the responsibility variously to Heads of Departments, Disability Services Officers, Disabled Student Coordinators, individual teaching staff and lecturers, curriculum course leaders and senior tutors.

5.8 Another issued raised during the Review and the pilot of the toolkit of quality indicators was the issue of learning support for disabled students. In particular there appears to be a variation in practice across different institutions with some charging for study skill support via the DSA while other institutions provide these services through their institutional budgets.

5.9 There are a vast range of support options available across the board. The most frequently mentioned means of study support are 1 to 1 sessions, either on an appointment system or drop in, and study skills workshops. Other forms of support mentioned by various institutions include:

• In class support
• Study skills lectures
• Dyslexia study advice sessions
• Course on preparing for Higher Education (summer school)
• Specialised homework clubs
• Online study skills information
• Campus based Effective Learning tutors
• Staff have open door policy

5.10 The majority of institutions provide generic support for learning through a central Student Services team or department. One institution mentioned that their Students Union runs a study skills programme.

5.11 A smaller number of institutions provide subject specific support, either in addition to or instead of generic support. This type of support was more often provided by individual staff in academic schools or departments, although one institution described how their central Student Learning Service has an Effective Learning Adviser for each Faculty who is able to provide subject specific support and another organises subject specific support through their Disability Service.

5.12 With regard to the funding of support/study services:

• A number of institutions fund support for disabled students through their core funds, although one institution broke that down into funding generic support through core funds and subject specific support through school budgets.
• Two institutions access additional funding from their local councils, one via social services for care support, and the other for literacy support through the local Literacy Partnership with the local council.
• Two institutions fund support services through DSA, although one of those institutions does use core funding to pay staff who coordinate learning support and to allow for staff training.
• The majority of institutions use a combination of funding sources including core budgets, faculty/school budgets, student/disability services budgets and DSA. Two institutions also utilise budget from their Wider Access Fund. Another two institutions also mentioned using the Discretionary Funds to assist disabled students.

5.13 At a large number of institutions, students mainly use the central study support provided either by a central student services department. At these institutions there are very few or no DSA claimants for the NMPH part of the DSA. In a small number of institutions, disabled students mainly use the 1 to 1 support funded through the DSA. At the majority of institutions, students utilise both central support for learning and also 1 to 1 support through the NMPH part of the DSA where appropriate, usually where the needs of the students go beyond what the institution is able to provide. The numbers of students claiming NMPH for studying support through the DSA vary, for example one institution mentions that support needs covered by DSA accounts for around 50-70% of the total number of students supported, whereas at another institution only 17 students with a declared disability currently receives 1 to 1 study support through the DSA. One institution stated that due to the critical reduction in the Disabled Students Premium, they are regretfully now having to consider using NMPH to deliver learning support to disabled students. They have previously tried to avoid doing this and provided the support themselves.

5.14 As the law states that reasonable adjustments should take into account financial considerations then there will still be a need for some institutions, particularly smaller ones to need to use the DSA to pay for some forms of learning support. However it is worth noting that institutions will need to consider the accessibility of their learning and teaching practices and clearly demonstrate why these practices are not sufficient to meet the needs of their students. If institutions are able to anticipate the types of students who are undertaking particular courses, then under the DDA they should continuously review their support structures so that they can support these students through their institutional funds.

5.15 The Scottish Government strongly believes that one of the aims of further and higher education is to foster independent study skills therefore any DSA application which continues to request funding to provide learning support should clearly provide evidence about the progress being made with the learning support and justify why additional support continues to be necessary via the DSA.

5.16 Many of the institutions who responded commented that a number of the reasonable adjustments have now become mainstreamed throughout the institution (ie the adjustments were originally made for disabled students but are now available to all students). This process of mainstreaming was felt to have helped to improve the inclusiveness of the institution. Details about these mainstreamed adjustments can be found in Annex D.

5.17 The Scottish Government believes that the mainstreaming of reasonable adjustments as far as possible is an important element in the policy drive towards widening the mainstream. The Government also believes that reasonable adjustments should be taken into account as part of the DSA assessment process and institutions should provide evidence about why the need for support via DSA is required in addition to adjustments which have been mainstreamed and provided as anticipatory adjustments. This process should also be clearly explained to any students seeking to apply for support through DSA.

6. Link between Reasonable Adjustment and those not eligible for DSA

6.1 It is important to note that while not all students may be eligible for the DSA or have needs which could be met through the DSA, institutions would still have a responsibility to make reasonable adjustments for these students under the terms of the DDA.

6.2 In response to the questionnaire the responding institutions stated that they would provide the same adjustments as described above. But in addition to these adjustments some institutions stated that they would:

• provide loans of equipment (often extended during duration of the course);
• purchase specialist equipment for select individuals;
• provide support and 1:1 tuition
• one university stated that they have a Disabled Student Support Fund which provides students with the same elements of the DSA. A limit of £3000 per student applies to the DSSF.
• provide assistance with applying for other funding; and
• provide the full range of support services provided by the university's special needs team, including NMPH support & technological support.

7. Reasonable Adjustments for those undertaking, work placements, field trips or part of their studies outside of the UK

7.1 Arranging field trips, study abroad and placements, and finding placements are all listed in the DDA Part IV, Code of Practice revised 2007 as services in the provision of which discrimination must be avoided. During the evidence gathering phase of the Review a number of institutions and students indicated that when students undertake part of their studies overseas there are sometimes issues regarding reasonable adjustments.

7.2 These issues can be due to a lack of communication between the parties about the student's disability or because of the different disability discrimination legislation in the host country.

7.3 When a student is considering undertaking a particular course the institution should ensure that students can access information about the entire course requirements including professional competencies, work placements and studying abroad. If possible, students should be encouraged to meet with an institution's disability adviser to discuss the course requirements and the types of support that may be available to the student.

7.4 As part of the Education (Additional Support for Learning) (Scotland) Act 2004 education authorities have to seek information and advice from appropriate agencies which are likely to provide support to the young person before they leave school. If the young person is considering undertaking a higher education course then during the transition discussions there should be discussion about the entire course requirements. Thus allowing the relevant agencies, such as social work, to discuss the necessary support arrangements including support arrangements for when the student will be studying abroad.

7.5 Again once the student is undertaking the higher education course early planning for the year/term abroad is crucial. It is expected that the institution informs itself, and passes on to students relevant information about conditions in the country involved and about facilities in the host institution. Thereafter, it is a matter of liaising with the host institution about what provision they can make, with the disabled student and possibly with other agencies such as social work about what might be needed.

7.6 The institution should, as far as possible, ensure that students undertaking off-campus study course elements will not be discriminated against. It is their responsibility to check, in the case of study abroad, that arrangements needed by disabled students will be provided in order to avoid claims of discrimination. The institution will need to consider what types of reasonable adjustments they can offer to the student. For example it might mean trying to build in flexibility by seeking a range of relevantly different placement providers or it could mean gathering information about, and assessing the suitability of, facilities in host institutions.

7.7 The Scottish Disability Team (SDT) have also produced guidance where a university is placing a student on an "international course", this may constitute one of the following situations:

• Where the university has set up a campus outwith the UK, and the students are matriculated students of the "home" university; or
• Where the university allows its students, to undertake a period of study abroad at an independent institution outwith the UK, and the student is still matriculated to the "home" university.

7.8 The SDT guidance covers the following issues:-

• General requirements of the DDA.
• Obligations of universities in relation to students on international courses under the DDA.
• Management of risks involved in respect of providing international courses to students in compliance with the DDA.

8. Case studies

Case 1 - Physical Access

A wheelchair user applies for a three-year degree course at a large institution. Many of the main entrances to the department where the student's lectures will be held, and a number of the student facilities, are inaccessible. This means that the student has to access these buildings through 'service entrances' at the back of buildings. Although the university thinks it has made a reasonable adjustment by allowing access via the 'service entrances', the duty has not in fact been discharged. This is because the student still experiences substantial disadvantage using the 'service entrances' in that it takes longer to enter the building through this route, these entrances are difficult to navigate and the student is separated from her peers. It may be reasonable for the university to take steps to make the main entrance to these buildings accessible or to rearrange the lecture timetable so they are held in an accessible building.

Case 2 - Physical Access

A blind student attended college, on her application form the student indicated she was blind and would be accompanied by a guide dog during her time at college. The student was allocated a member of staff from the Student Support Team to discuss her individual needs. Course notes were scanned and put on a computer disk in advance of her lecturers. While on her course, the student received on going support from the Access and Inclusion Co-ordinator as well as assistance to catch her transport each week.

Case 3 - Maintenance of academic or other standards

A student with dyslexia successfully completed an access to nursing course at her local college. She then applied for a degree course in nursing and was refused a place on the grounds that she was dyslexic, despite occupational health advice that she would be able to undertake the course with reasonable adjustments. This case is an example of a university making general assumptions about a disability and not considering the individual. It was also an attempt to hide behind professional standards despite advice that the student was able to undertake the course. The university was also failing to consider its duty to make reasonable adjustments.

Case 4 - Accessible Learning and Teaching

A student with Bi Polar Disorder is undertaking a university course but avoids using the library whilst at university because it is too full and there are too few private spaces. Despite the institution have fully accessible library facilities and specialist IT equipment within the library the student needs to apply for the DSA to purchase a laptop so that they can use it in quiet areas and on their placement.

Case 5 - Accessible Learning and Teaching

A student with dyslexia is completing their dissertation in the last term of their final year at university. The student requires additional software to help them complete their dissertation. The institution has a loan bank of equipment and has the appropriate software to loan to the student. The institution has made necessary reasonable adjustments to remove any disadvantages the student may have had as a result of their disability.

Case study 6 - Non Medical Personal Help (Learning Support)

A student with dyspraxia is undertaking a Nursing Degree and requires one to one support to help with arithmetic difficulties as calculation is an integral part of her course. The twenty hours of support will be funded though the DSA to provide the student with concentrated support. In addition to this support the student will also attend the institution's Maths Plus course. Once the twenty hours of support funded through the DSA has been completed the assessor will review the student's needs to see if they are being met sufficiently through the support provided by on going attendance to the Maths Plus Course.

Recommendations for the Review of DSA

• Recommendation that institutions carefully explain to the student the parameters within which DSA operates and that the responsibility for the provision of support may include:
• The institution (under existing legislation)
• The DSA
• Social Services/Other Support Organisations
• The student
• Recommendation that SAAS guidance to students also covers the above.
• Recommendation that when writing up the DSA assessment report the support strategies should also be within the parameters within which DSA operates.
• Institutions provide details of any anticipatory reasonable adjustments that have been made for the student prior to applying for DSA to students and evidence as to why the student requires the additional support as part of DSA application to SAAS.
• Recommendation that if a student is claiming learning support via DSA the student should be informed that the aim of the support is to develop strategies for independent learning which enable them to access their course and that the DSA assessment should contain an outline plan of the support and the following year's applications should outline the progress of the support and review what is further required.
• Recommendation that if the pilot of Toolkit of Quality Indicators becomes mainstreamed, institutions in their applications and annual evaluations should provide evidence of student feedback and evidence to demonstrate continued mainstreaming of reasonable adjustments.

Review of DSA Team

October 2008

Annex A

List of resources

The Scottish Further Education Unit has published some guidance for Senior Management, Department Heads/Team leaders, individual staff and students on what the DDA. This guidance can be found at http://www.sfeu.ac.uk/projects/equality_diversity_inclusion/disability

The Disability Rights Commission (DRC), which is now known as the Equality and Human Rights Commission, have published a wide range of guidance documents which can be found at http://www.equalityhumanrights.com/en/publicationsandresources/Disability/Pages/Disability.aspx

Scottish Disability Team - Guidance On International Courses And Disability Issues

http://www.sdt.ac.uk/resources/InternationalCoursesGuidanceApril07.pdf

Teaching & Learning Research Programme (TLRP) and Economic & Social Research Council (ESRC) - Reasonable Adjustments and Disabled Students' Experience of Learning, Teaching and Assessments.

http://www.tla.ed.ac.uk/interchange/spring2008/healey2.pdf

Annex B

List of Respondee Institutions

Aberdeen University

Aberdeen College

Abertay University

Angus College

Banff and Buchan College

Cumbernauld College

Dundee College

Dundee University

Edinburgh University

Glasgow University

Glashow School of Art

Heriot Watt University

Motherwell College

Napier University

Open University

Scottish Agricultural College

Shetland College

Strathclyde University

University of West of Scotland

West Lothian College

Annex C

Detailed examples of anticipatory reasonable adjustments from the questionnaire:

Physical Access

Many of the institutions surveyed commented that they have an ongoing programme of upgrading, refurbishment and improving physical accessibility. Other adaptations include preferential room booking arrangements where level access is required, campus access maps, individual library study rooms for disabled students, installation of hearing loop systems, and changing the graduation venue to a more accessible one.

Some institutions now have accommodation specifically designed for disabled students to be fully accessible. Some have also increased the availability of disabled parking spaces at strategic locations.

One institution noted that they had a Mobility scooter available on campus for student use. Another institution noted that students could have access to specific parking bays and another example was the provision of a specially adapted mini bus.

A number of the responses noted adaptations to halls of residence.

Other physical adaptations around campuses included installation of closomat toilets, loop hearing systems, flashing beacons for fire alarms, hoists, audio information and Braille available in lifts, making lecture theatres or class rooms as fully accessible as possible, for example installing adaptable seating. One college specifically mentioned that they had made adaptations to their kitchen, hairdressing and other class rooms. Many noted that changing physical access was a slow process and that they were undertaking a rolling programme of accessibility work across their campuses. Disabled students have been allocated specific working spaces that meet their specific needs, for example one student with severe anxiety has been allocated studio space in a quieter satellite building which she finds easier to work in

Risk assessments would be carried out where appropriate for a disabled student regardless of DSA eligibility.

Course Access

The majority of institution's examples focused on making course materials more accessible using online technology - making more materials available via WebCT/ VLE such as lecture notes, coursework, core reading materials and other learning and teaching materials. It was noted that staff are being trained to make these technologies more accessible for disabled students.

Technology

As well as providing materials online, many institutions are making specialist software available on their networks and in open access labs and IT suites. Some institutions also mentioned physical adaptations to IT suites such as introducing ergonomic furniture and mice.

One institution commented that they have purchased very sophisticated scanning equipment in readiness for reformatting of accessible texts for blind students and others covered by the Visually Impaired Persons and Copyright Act.

Most institutions stated that they provide short term loan pools so that students could have access to laptops, digital recorders, low vision aids, back supports and Dictaphones to record lecture material where needed.

A number of institutions commented that their campuses have PCs with assistive software installed whereas other institutions stated that specialist software was only available in some computer labs. Some institutions also stated that only some labs had large sized monitors. One institution stated that they had 4 assistive technology booths on campus, which enable students to have computer access in a single occupancy room (e.g. for voice recognition software) and provide access to more specialist hardware and software. A few stated that they had a site licence for Texthelp read & write software. Other institutions had resource rooms with Jaws, Kurtzweil, Inspiration, Texthelp, CCTV, Braille embosser, printer, and scanner.

Many institutions noted that they have trained technology staff who enable students to see a variety of specialist equipment and specialist software and try it out for themselves; provide assistance with IT related difficulties such as accessing emails, student portal and WebCT. Individual training is available to all students with disabilities in the use of specialist equipment and specialist software - as many sessions as needed at a time to suit them.

One respondent mentioned the importance of all students being able to access Atomic Learning which provides mini tutorials in how to use a broad spectrum of software.

Information

Publicity materials and prospectuses are now being made available in alternative formats in some institutions. One institution stated that they hold an open day for encouraging disabled applicants and that they provide sign language interpreters.

Specialist Equipment

Many institutions have already installed and provided a range of specialist equipment to assist students including height adjustable desks and ergonomic chairs. Other examples of specialist equipment and adaptations include:

• Lifts with a reflective surface on the lower half of the wall to enable wheelchair users to see when doors are opening
• Notice boards for deaf students
• Communication support staff using a mobile to enable Deaf students to text them.

One institution has purchased Mobility scooters in anticipation of making access around campus easier for mobility impaired students.

Specialist Support

A few institutions mentioned that they have employed specialist staff, for example BSL interpreters, and a special needs assessor to facilitate needs assessments for dyslexic students in house.

Two institutions maintain a bank of support workers. At the first institution it is maintained by the registry to provide support in examinations and at the second institution this is maintained by a Disability Adviser to provide NMPH, and also Educational Psychologist Services.

Two institutions mention that they have a network of Disability Coordinators relating to academic schools or subject areas. They are able to liaise with Disability Advisers and academic and support staff to ensure that appropriate adjustments are implemented for disabled students.

One institution utilises personal learning support plans agreed at the start of the course to allow arrangements to be made as required.

Policy/culture

Two institutions have noted that they are looking at Teachability, with one carrying out Teachability audits across the institution and the other stating that they have rolled it out across the institution.

The majority of institutions stated that they are providing staff development opportunities for all staff as well as specifically to Disability Advisers including awareness raising, diversity training, training in specific disabilities, training using specific technology or software. One institution is encouraging all new teaching staff to undertake the PGCert in Teaching and Learning which supports tutors to reflect upon and develop their practice as well as exploring inclusive teaching practice.

One institution notes that they have a Disability Equality Scheme in place; another has produced a college Best Practice Guide on production of documents and learning materials. A number of others have groups such as a "Disability Inclusion Forum" or a "Disability Equality Group" which are tasked with discussing and monitoring provision for the needs of disabled students. One institution states that there has been extensive and ongoing consultation with disabled students on their physical access needs through the "Disability Campus Liaison Committee" which meets once a term and where disabled students have the opportunity for face to face meetings with key personnel from the Estates and Buildings department.

A Local Transition Group (comprising Social Work, NHS and the college) is aiming to look 18 months to 2 years in advance to anticipate the needs of students moving from school to college. The aim is to ensure all care and support is in place prior to students starting college.

Assessment and Exams

The institutions who responded to the questionnaire stated that they:

• allow students to have their own examination room;
• set additional exam time (some specified actual times such as 33%);
• provide scribes and readers or computers for exams;
• allow student to leave the room or move around as necessary;
• do not place penalties on poor spelling, grammar, punctuation and structure in examination scripts, unless these are being directly assessed and are core to an understanding of the course;
• allow prior sight (15 minutes) of the paper for the purposes of reading and highlighting;
• hire extra invigilators (funded by the institutions);
• set exams on buff coloured paper, or on CD, in Braille or in large print, or use coloured overlay;
• sometimes, depending on the need of the student, would ensure that the student would not have to sit two three-hour exams in one day and where possible Registry will schedule examinations to avoid this; however where not possible additional adjustments may be required; and
• use alternative forms of assessment (such as students with anxiety conditions in group presentations not taking a speaking role, or a video presentation being made by a student that is then shown to the whole class) or request additional course work submissions or oral assessments rather than unseen timed written exams.

Course Materials/Learning Materials

Many institutions mentioned that they provide course materials in advance (either at or before the start of the semester or in advance of a lecture), such as lecture notes and plans or power point slides, reading lists, coursework questions and deadlines and other learning resources including past papers and other WebCT materials. These were usually made available online.

Other support available from various institutions included: commenting on draft essays or project plans; materials in alternative formats; permission to use coursework stickers (see http://tinyurl.com/ytb6mp); permission to record lectures and assistance with note taking where required.

One institution stated that where a student has had an unavoidable period of absence, they would ensure that the student is given materials provided and created in class, including the lecture plan/summary.

Library

There were quite a few references to library adjustments, these included extended loan times for restricted loan books and reserve collection; fine waiver; photocopies in large print or coloured paper; publications in large print or on coloured paper; proxy member to collect/return/request books; personal help in library, assistive technology on library computers; and adapted accommodation.

Pre Entry Support

Quite a few responses mentioned the importance of ensuring that individual plans were in place and that the best way to achieve this was if the student made themselves known to their disability service. Once they have done this, normally the student receives a Learning Profile which recommends the specific adjustments that each individual requires.

One institution noted that they use a bespoke web-based database application developed by the Disability Office to manage the records of all disabled students who use the service. It records contact that advisory staff have had with students and any notes they make, and it records the adjustments recommended for each student. A second application then takes all the information relating to adjustments and passes it to each of the University's School Coordinator of Adjustments, plus Registry for examination related adjustments, and Information Services for library related adjustments. The second application can be used to indicate that the adjustments have been agreed by the authorised Coordinator, and it then allows the Coordinator to send on the information automatically to the student's current course teams, who implement adjustments. These systems hold and share around 14,000 agreed adjustments for current students.

Many respondents highlighted the importance of supporting disabled students during the key transitional stage from school, further education or unemployment. The types of support highlighted included:

• orientation visits during the summer vacation;
• providing individual campus orientation visits for prospective disabled students and their family;
• early liaison work with schools, parents, social work departments, external stakeholders such as the National Autistic Society Scotland and Dyslexia Action.
• offering support to disabled students who require it during Fresher's Week ; and
• offering support at Faculty induction events.

Co-ordinated links between Disability Advisers who will co-ordinate liaison meetings with academic departments on behalf of disabled students was cited by many of the institutions. Three way discussions are held between student, academic department, and disability advisers LSDS in order to explore and clarify recommended reasonable adjustments. For example a student who experienced severe social anxiety phobia was growing increasingly anxious as she was required to present her work to academic staff and peers for final assessment, A three way discussion clarified what was core to the assessment process and the student presented to a small group of academic staff. This reduced her anxiety and helped support her performance on the course in the run up to the final assessment

Students who require assistance with emergency evacuation are also invited to attend a meeting with the University's Fire Safety Adviser, in order for a Personal Emergency Evacuation Plan to be put in placeAnnex D

Detailed examples of reasonable adjustments which have been mainstreamed:

IT

Quite a few institutions commented that they had improved access to IT services by increasing the number of IT labs, allowing access to their own student profiles from any university computer, providing internet provision in halls of residence and allowing access to their VPN for free (formerly free to disabled students only). One institution stated that they have an infra red sound system in lecture theatres and another that they now allow all students to record lectures. The majority of institutions have made assistive software available to all students by buying site licenses and making this software available on university networks and in all computer labs. Such software includes Inspiration, TextHelp, Mindmanager, Mindgenius, Read and Write. One institution commented that they were providing staff development in the area of assistive software to enable this to benefit all students. One institution gave an example of using Widget or Grid2 as a learning tool for ESOL students.

The majority of institutions now make lecture notes or outlines available online through WebCT or a VLE such as Moodle, prior to lectures taking place. Course materials, reading lists and other learning resources are also available online in an electronic format. A number of institutions stated that they are providing information materials such as prospectuses in other formats, and are working to improve standards of printed materials to make them easy to read.

Two institutions mention that they now use an accessible website to allow all students to access information easier. A few institutions have allowed, or are progressing towards allowing the recording of all lectures. One institution stated that when a question paper for assignments and assessments is adapted for a particular student it is then used for all students. Another institution states that their Registry's exam time tabling tool aims to avoid the possibility of any student having to sit more than 1 exam per day.

A few institutions gave examples of where specialist equipment has been used more widely:

• Some CCTVs and large monitors are available in libraries and computer labs.
• Equipment is available for loan e.g. spellcheckers, digital recorders and laptops.
• Specialist chairs are available for students with temporary back problems.
• Purchasing a specific expensive piece of equipment for one student has opened the doors for other students e.g. the purchase of a track hoist and height adjustable plinth for one particular student has made it possible for other students with severe disabilities to access college.
• Lecturers now wear microphones in lecture theatres, improving sound quality for all students, not just those with hearing impairments.

Physical Access

Many institutions have made physical adaptations and adjustments to their buildings and estates which have benefited not just disabled students but also any students with mobility and health problems. Examples include touch pads to open doors, automatic doors, and ramps. This also means that student accommodation is now also more accessible. One institution mentions that when choosing places for study visits, they now include whether that place is accessible for disabled people.

Learning and Teaching Practices

Two institutions mention that they now put in place personal learning support plans for all students at the start of a course, and not just students with a disability. This can include support with transport or personal care arrangements. A few institutions state that other forms of support are in place for all students if needed e.g. scribes for course notes and assessments, support with communication, ESOL, numeracy and IT.

A few institutions have made adjustments to teaching and learning practices and one institution notes that developments of inclusive teaching practices along with other adjustments mean that some disabled students may have no need to disclose their disability and/or to register with Disability Services for additional support. One institution comments that guidance on the DDA and competence standards is provided for all staff who are creating new courses.

[1]http://www.sfc.ac.uk/information/info_circulars/sfc/2008/sfc1708/Annex_A.pdf

[2]http://www.equalityhumanrights.com/Documents/Disability/Education/Post16_Code.pdf