disability discrimination
In England and Wales schools have a duty to make reasonable adjustments for disabled pupils. This means that they must consider how a person’s disability affects their ability to access the curriculum and school facilities and services, and make changes where necessary. This should be done on an individual basis, taking into account the type of disability and how it may impact a student’s abilities and needs. This should be carried out by a qualified teacher or another appropriately trained member of staff.
If a particular policy or practice amounts to direct disability discrimination it is unlawful to treat someone less favourably because of their disability. This might be a specific provision, criterion or practice in a school’s rules and policies or the way that a school generally operates its programmes. It will be unlawful if it cannot be justified as a ‘proportionate means of achieving a legitimate aim’, such as protecting the health and safety of pupils or upholding sporting standards.
It is also unlawful to indirectly discriminate against a pupil on the grounds of their disability, where this has a substantial adverse effect on that person’s life chances and opportunities in society. This might include a requirement that all pupils wear uniform, or not allow pupils to take part in extra-curricular activities.
How can disability discrimination be prevented in schools?
Discrimination can happen in many ways and can be difficult for parents to recognise. However, there are ways that parents can help prevent discrimination. It is important for parents to give the school details about their child’s disability law and their medical needs. They should also provide the school with information that explains how this might affect their child’s behaviour and/or learning. For example, it would be helpful for a school to know that a child with osteogenesis imperfecta (brittle bone disease) may require alternative physical activities to rough and tumble play because of the risk of fractures.
The law protects most students with disabilities from discrimination in schools. All public and most private schools that receive federal funds must comply with Section 504 of the Rehabilitation Act, which ensures that children with disabilities have equal opportunity to participate in all school programs, including extracurricular activities. Public schools must also follow the Individuals with Disabilities Education Act, and private schools that receive federal funding must follow the Americans with Disabilities Act.
Bullying can have a devastating impact on a child’s mental and emotional well-being, as well as their ability to learn. Schools that receive complaints of bullying against children with disabilities are required to investigate and address the problem.
Schools should be a safe and supportive place for everyone. If your child’s school is not meeting this obligation, you can ask the school to change its procedures. If the situation is serious or persistent you can also complain to a tribunal. In England and Wales this is the First-tier Tribunal (Special Educational Needs and Disability) and in Scotland the Scottish Education Rights Commission (SRC). They can hear complaints involving state-funded schools, including Academies.