Long title | An Act to amend Part 4 of the Education Act 1996; to make further provision against discrimination, on grounds of disability, in schools and other educational establishments; and for connected purposes. |
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Citation | 10 |
Dates | |
Royal assent | 11 May 2001 |
Status: Amended | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The Special Educational Needs and Disability Act 2001 (c. 10), also known as SENDA, is an Act of the Parliament of the United Kingdom. It is intended as an adjunct to the Disability Discrimination Act 1995, which legislated to prevent the unfair treatment of individuals, in the provision of goods and services, unless justification could be proved. This legislation was deemed necessary as the previous Act did not encompass educational organisations. This was further replaced by the Disability Discrimination Act 2005.
The act required schools, colleges, universities, adult education providers, statutory youth service and local education authorities to make 'reasonable provisions' to ensure people with disabilities or special needs were provided with the same opportunities as those who were not disabled. [1]
The Act stated that discrimination occurred when the educational establishment/body either fails to make reasonable adjustments to accommodate individuals with special needs or a disability, or when they give them less favourable treatment. [2]
The Disability Discrimination Act 1995 is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010, except in Northern Ireland where the Act still applies. Formerly, it made it unlawful to discriminate against people in respect of their disabilities in relation to employment, the provision of goods and services, education and transport.
Accessibility is the design of products, devices, services, vehicles, or environments so as to be usable by people with disabilities. The concept of accessible design and practice of accessible development ensures both "direct access" and "indirect access" meaning compatibility with a person's assistive technology.
The disability rights movement is a global social movement that seeks to secure equal opportunities and equal rights for all people with disabilities.
Special education is the practice of educating students in a way that accommodates their individual differences, disabilities, and special needs. This involves the individually planned and systematically monitored arrangement of teaching procedures, adapted equipment and materials, and accessible settings. These interventions are designed to help individuals with special needs achieve a higher level of personal self-sufficiency and success in school and in their community, which may not be available if the student were only given access to a typical classroom education.
Mental health law includes a wide variety of legal topics and pertain to people with a diagnosis or possible diagnosis of a mental health condition, and to those involved in managing or treating such people. Laws that relate to mental health include:
The social model of disability identifies systemic barriers, derogatory attitudes, and social exclusion, which make it difficult or impossible for disabled people to attain their valued functionings. The social model of disability diverges from the dominant medical model of disability, which is a functional analysis of the body as a machine to be fixed in order to conform with normative values. While physical, sensory, intellectual, or psychological variations may result in individual functional differences, these do not necessarily have to lead to disability unless society fails to take account of and include people intentionally with respect to their individual needs. The origin of the approach can be traced to the 1960s, and the specific term emerged from the United Kingdom in the 1980s.
People with disabilities in the United States are a significant minority group, making up a fifth of the overall population and over half of Americans older than eighty. There is a complex history underlying the U.S. and its relationship with its disabled population, with great progress being made in the last century to improve the livelihood of disabled citizens through legislation providing protections and benefits. Most notably, the Americans with Disabilities Act is a comprehensive anti-discrimination policy that works to protect Americans with disabilities in public settings and the workplace.
The Individuals with Disabilities Education Act (IDEA) is a piece of American legislation that ensures students with a disability are provided with a Free Appropriate Public Education (FAPE) that is tailored to their individual needs. IDEA was previously known as the Education for All Handicapped Children Act (EHA) from 1975 to 1990. In 1990, the United States Congress reauthorized EHA and changed the title to IDEA. Overall, the goal of IDEA is to provide children with disabilities the same opportunity for education as those students who do not have a disability.
Inclusion in education refers to all students being able to access and gain equal opportunities to education and learning. It arose in the context of special education with an individualized education program or 504 plan, and is built on the notion that it is more effective for students with special needs to have the said mixed experience for them to be more successful in social interactions leading to further success in life. The philosophy behind the implementation of the inclusion model does not prioritize, but still provides for the utilization of special classrooms and special schools for the education of students with disabilities. Inclusive education models are brought into force by educational administrators with the intention of moving away from seclusion models of special education to the fullest extent practical, the idea being that it is to the social benefit of general education students and special education students alike, with the more able students serving as peer models and those less able serving as motivation for general education students to learn empathy.
Special education in the United States enables students with exceptional learning needs to access resources through special education programs. These programs did not always exist. "The idea of excluding students with any disability from public school education can be traced back to 1893, when the Massachusetts Supreme Court expelled a student merely due to poor academic ability". This exclusion would be the basis of education for all individuals with special needs for years to come. In 1954, Brown v. Board of Education sparked the belief that the right to a public education applies to all individuals regardless of race, gender, or disability. Finally, special education programs in the United States were made mandatory in 1975 when the United States Congress passed the Education for All Handicapped Children Act (EAHCA) "(sometimes referred to using the acronyms EAHCA or EHA, or Public Law 94-142) was enacted by the United States Congress in 1975, in response to discriminatory treatment by public educational agencies against students with disabilities." The EAHCA was later modified to strengthen protections to students with disabilities and renamed the Individuals with Disabilities Education Act (IDEA). IDEA requires states to provide special education and related services consistent with federal standards as a condition of receiving federal funds.
The right to a Free Appropriate Public Education (FAPE) is an educational entitlement of all students in the United States who are identified as having a disability, guaranteed by the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA).
In clinical diagnostic and functional development, special needs refers to individuals who require assistance for disabilities that may be medical, mental, or psychological. Guidelines for clinical diagnosis are given in both the Diagnostic and Statistical Manual of Mental Disorders and the International Classification of Diseases 9th edition. Special needs can range from people with autism, cerebral palsy, Down syndrome, dyslexia, dyscalculia, dyspraxia, dysgraphia, blindness, deafness, ADHD, and cystic fibrosis. They can also include cleft lips and missing limbs. The types of special needs vary in severity, and a student with a special need is classified as being a severe case when the student's IQ is between 20 and 35. These students typically need assistance in school, and have different services provided for them to succeed in a different setting.
A reasonable accommodation is an adjustment made in a system to accommodate or make fair the same system for an individual based on a proven need. That need can vary. Accommodations can be religious, physical, mental or emotional, academic, or employment-related, and law often mandates them. Each country has its own system of reasonable accommodations. The United Nations use this term in the Convention on the Rights of Persons with Disabilities, saying refusal to make accommodation results in discrimination. It defines a "reasonable accommodation" as:
... necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms;
Section 504 of the Rehabilitation Act of 1973, is American legislation that guarantees certain rights to people with disabilities. It was one of the first U.S. federal civil rights laws offering protection for people with disabilities. It set precedents for subsequent legislation for people with disabilities, including the Virginians with Disabilities Act in 1985 and the Americans with Disabilities Act in 1990.
Special educational needs (SEN), also known as special educational needs and disabilities (SEND) in the United Kingdom refers to the education of children who require different education provision to the mainstream system.
Ableism is discrimination and social prejudice against people with physical or mental disabilities. Ableism characterizes people as they are defined by their disabilities and it also classifies disabled people as people who are inferior to non-disabled people. On this basis, people are assigned or denied certain perceived abilities, skills, or character orientations.
Social citizenship was a term first coined by T. H. Marshall, who argued that the ideal citizenship experience entails access to political, civil and social rights in a state. According to Marshall, social citizenship includes “the whole range from the right to a modicum of economic welfare and security to the right to share to the full in the social heritage and to live the life of a civilized being according to the standards prevailing in society”. Marshall’s concept of social policy has been critiqued by some scholars for being idealistic and only applicable to the participation of able-bodied white males.
Disability in the United Kingdom covers a wide range of conditions and experiences, deeply impacting the lives of millions of people. Defined by the Equality Act 2010 as a physical or mental impairment with a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities, it encompasses various aspects of life, including demographics, legislation, healthcare, employment, and culture. Despite numerous advancements in policy and social attitudes, individuals with disabilities often encounter unique challenges and disparities.
Disability Studies in Education (DSE) is a field of academic study concerned with education research and practice related to disability. DSE scholars promote an understanding of disability from a social model of disability perspective to "challenge social, medical, and psychological models of disability as they relate to education". A DSE perspective situates disability within social and political context and is concerned with the civil and human rights of students with disabilities, including issues of equity, access, and inclusion in educational settings, curricula, and activities. DSE emerged as a part of the broader, interdisciplinary Disability Studies movement and as a critique of special education. Special education (SPED) in the United States emerged after the signing of the Individuals with Disabilities Education Act in 1975, marking the shift in educational rights by explicitly making the refusal of educational access illegal. Over the past few decades, special education has grown into an established academic curriculum and program which aims to enhance individuals with disabilities' performance by focusing on changing their given educational environments and the limitations placed on them to foster growth and opportunities. SPED aims to build a caring society that accepts and celebrates different abilities without stigmatizing individuals with disabilities. Through SPED, students should be able to engage in learning and have opportunities for growth through education each and every day. Though SPED has good intentions for creating learning opportunities for students, there is a constant tension between DSE and SPED, primarily around the idea that disability studies in education should be inclusive of students with and without disabilities in order to best foster awareness and understanding of disability studies. SPED lacks the challenge of the social model of disability which is seen in DSE.
People with disability in Luxembourg have some legal protections from discrimination and their needs can be provided through various government policies. Students with disabilities have a fairly good rate of completing school compared to peers without a disability. Luxembourg signed onto the Convention on the Rights of Persons with Disabilities on March 30, 2007. Much of the country is accessible, however, there are no legal provisions for reasonable accommodations.