Accessibility and Legislation

by Vashti Zarach, JISC CETIS, August 2002.

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This document briefly describes some of the legislation aimed at improving access to education for disabled students.

UK (United Kingdom) Acts. The DDA (Disability Discrimination Act 1995) made it unlawful to discriminate against disabled people in terms of access to employment, services and premises; but did not cover education. The Special Educational Needs and Disability Act 2001, which makes it unlawful to discriminate against disabled students in the provision of education, training and other related services, is an amendment to Part 4 of the DDA. Although the DDA dealt with various types of disability discrimination, it excluded education (now the focus of SENDA), and whilst it made it unlawful to fail to provide any services to disabled people that are provided to the general public, it did not specifically include websites and educational technology.

 SENDA (Special Educational Needs and Disability Act 2001) - The two basic tenets of the Act are that disabled students must not be treated less favourably than others, and that reasonable adjustments must be made to lessen any major disadvantages they face. It states that:  Discrimination has occurred if a person is treated less favourably for a reason, which relates to their disability. Reasonable adjustments must be made to ensure that disabled students are not placed at a substantial disadvantage in comparison with students who are not disabled. Educational institutions must not discriminate against disabled students in the student services they provide. (The Code of Practice for Providers of Post-16 Education and Related Services (PDF format - 1.2Mb) gives a list of areas that could be included under the heading of student services. Many of these are relevant to e-learning providers, such as: teaching, curriculum design, examinations and assessments, distance learning, independent learning opportunities such as e-learning, and information and communication technology and resources.)   Disability Discrimination Act 1995 - The Disability Discrimination Act (DDA) does not apply specifically to education, but contains references to service provision, which could relate to making content accessible in learning environments. It states that:  A service provider must not discriminate against a disabled person by refusing to provide that service if it is already provided to the public, or by making it impossible or unreasonably difficult for a disabled person to make use of any service. (Services covered by the Act include: access to and use of means of communication, or information services). Where a service provider has a practice, policy or procedure which makes it impossible or unreasonably difficult for a disabled person to make use of that service, reasonable steps should be taken in order to change that practice, policy or procedure so that it no longer has that effect. Reasonable steps should be taken to provide auxiliary aids, such as provision of information on an audio tape, or a sign language interpreter.</li></ul></li></ul>

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Requirements of the Special Educational Needs and Disability Act The two key requirements of the act are: <ol> Making &quot;reasonable adjustments&quot; to avoid &quot;substantial disadvantage&quot; - The Act states: "&quot;The responsible body for an educational institution must take such steps as it is reasonable for it to have to take to ensure that... in relation to student services provided for, or offered to, students by it, disabled students are not placed at a substantial disadvantage in comparison with students who are not disabled.&quot;"</li>

Not treating disabled students &quot;less favourably&quot; - The Act states that: "&quot;..a responsible body discriminates against a disabled person if for a reason which relates to his disability, it treats him less favourably than it treats or would treat others to whom that reason does not or would not apply.&quot;"</li></ol>

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Implications for Websites and Learning Technology The Act sets out a range of student services affected by the legislation, including information and communication technologies. In other words, if education provided via information and communications technology is inaccessible, this will place disabled students at a reasonable disadvantage, obliging the institution to make reasonable adjustments.

Examinations and assessment are also included in the list of services affected by the Act, implying a need to ensure that online assessments are also provided in accessible format.

Additionally, institutions are obliged to make these adjustments in advance, in preparation for disabled students, rather than waiting for problems to arise.

Institutions will therefore need to ensure that educational technology and institutional intranets and websites are accessible, and make reasonable adjustments to any inaccessible services, such as providing alternate formats for supplying information; in anticipation of students needs.

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Disabled Teachers and the Law. Much of the discussion on learning technology and accessibility focuses on the needs of the disabled student. Disabled teachers may also be using learning technology and they should have the same opportunities as non-disabled teachers to access and use online learning environments.

Employers are obliged to make reasonable adjustments to ensure that disabled employees are not placed at a substantial disadvantage. The Disability Discrimination Act 1995, Section 4 states:

"'It is unlawful for an employer to discriminate against a disabled person... in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit...[including] facilities and services'."

It suggests that the employer may need to acquire or modify equipment, and modify instructions or reference manuals, to make them accessible to disabled employees.

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American Legislation. Section 508 was added as an amendment to the Rehabilitation Act in 1998, requiring Federal agencies to make their electronic and information technology accessible to people with disabilities. Alternative means of access may be provided, as long as this results:

"'...in substantially equivalent or greater access to and use of product for people with disabilities.'"

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Implications for E-Learning. E-learning designers and content creators should not discriminate against disabled users, i.e. they should provide accessible content and/or alternative means of accessing content. The Special Educational Needs Act ensures that disabled students are not treated less favourably, and reasonable adjustments are made for them; hence educational institutions will need to be aware of these requirements when implementing Virtual Learning Environments.

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