Sample Solution

han a non-disabled student pupil because of their disability.

‘A non-disabled student cannot bring a claim of discrimination against the school in this case. This is called ‘positive action’. It means a school can lawfully provide additional education, benefits, facilities or services, separate facilities, targeted resources or opportunities to benefit pupils with disabilities only, and your school can offer them on more favourable terms’. Hills (2012 p 27)

Reasonable Adjustments for SEN students schools

An important effect of the EA with regards to SEN students and provision is the requirement for schools to ‘advance equality of opportunity’ between pupils with disabilities and their non-disabled peers. Reasonable adjustments can be a good way of addressing this issue. Under the EA schools and education authorities have a duty to provide reasonable adjustments for all disabled students since 2002, originally under the DDA (1995) and from October 2010 under the EA. From September 2012 the reasonable adjustments duty for schools includes a duty to provide auxiliary aids and services for disabled pupils.

The EA (2010) states that schools have a duty, which is now legal, to take positive steps to make sure that pupils with disabilities are able to participate in all aspects of school life. If schools fail to make reasonable adjustments to ensure that disabled and non-disabled pupils have equal access in admission arrangements and to education services then this would be viewed as unlawful.