MGrid - Middlesbrough Education Grid for Learning

Disability Discrimination Act 1995 Part 4 and deaf pupils

This is guidance is taken from the Disability Rights Commission’s (DRC) Code of Practice for Schools.

From 2002 schools have a duty “not to discriminate against disabled pupils and prospective pupils in the provision of education and associated services in schools”

“There are two key duties. These are:

• not to treat disabled pupils less favourably and
• to take reasonable steps to avoid putting disabled pupils at a substantial disadvantage. This is known as the reasonable adjustments duty”.

However, the provision of auxiliary aids should be made through the SEN framework.

 

H.I. Service recommendations for deaf pupils

i) Schemes of work, lesson plans, lists of subjects specific vocabulary should be provided in advance of the lesson to allow pre-tutoring of the deaf child.

DRC example and recommendations:
“A secondary school hosts a special unit for pupils with a visual impairment. The school is already appropriately equipped for enlarging text and providing Braille versions of documents for pupils who use Braille. When the pupils are working in the unit all information is provided at the beginning of the lesson by the school in the range of formats they need. When they are working in mainstream classes in the school, the school regularly fails to provide information in time to be transferred into different formats for the lesson. Not providing the information in time leaves the disabled pupils unable to refer to written information during the lesson, whilst their non-disabled peers can. This is likely to constitute a substantial disadvantage in comparison with non-disabled pupils. The failure to take reasonable steps to prevent this disadvantage is likely to be unlawful.”

ii) Special arrangements should be made for the deaf pupil in examinations (eg. A “live” speaker, extra time etc).

DRC example and recommendation:
“A selective school considers carefully how disabled children can take their entrance exams without being at a substantial disadvantage. The school sets up early “admissions meetings” with the parents of disabled prospective pupils. The meetings are used to discuss any special arrangements for the exams. The particular arrangements for an individual child can then be put in place in time. This is likely to be a reasonable step that the school should take.”

iii) To use equipment such as personal hearing aids, radio hearing aids, soundfield systems, conference microphones provided by the H.I. Service or the Audiology Department.

DRC example and recommendation
“A deaf child attends her local primary school with the regular support of a teaching assistant and twice-weekly visits from a peripatetic teacher of the deaf. Although she is severely deaf, the child’s spoken language and use of English is well established. She wears a personal FM system (radio aid) in all lessons. These auxiliary aids and services are provided through the SEN framework. The use of the aids is covered by the disability discrimination duties. If, for example, a teacher were to refuse to use the radio microphone, it is likely that this would be unlawful under the disability discrimination duties.”

Redress

A claim of unlawful discrimination against a child can be brought by the child’s parents. The claim is made against the responsible body for the school. Most claims will be made to the Special Educational Needs and Disability Tribunal (SENDIST). If the claim is successful SENDIST can order any remedy it thinks reasonable with the exception of financial compensation

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ESSENTIAL ADVICE TO BE GIVEN TO ALL STAFF WHO TEACH

Please ensure pupil has a good seating position at all times (towards front/side usually best). Please assess different seating situation using the general principal, “best view as possible of teacher and peer group”.

If radio aid is in use, please ensure all staff using equipment are familiar with the information provided by this Service on issue of the equipment – “Effective Use of Radio Aid”.

Gain pupil’s attention before information is given.

Please use visual clues whenever possible – such as real objects, illustrations, key words on white board, demonstrations.

Frequently check understanding.

Take care with activities such as during note taking/TV/video. Pupil cannot lip read/watch you and do something all at the same time. Allow more time to watch, think and speak.

As more effort is required to listen, please try to keep noise levels down. Pupil may suffer from listening fatigue towards the end of the school day.

Please check “Special Arrangements” for all SATs, Optional SATs, GCSEs, A Levels, AS Levels, NVQs and any other formal tests such as MIDYIS or NFER. Pupils may be eligible for taped test materials to be read out from transcriptions, extra time, a separate room or other special arrangement.

PLEASE REFER TO BOOKLET PROVIDED BY THIS SERVICE FOR MORE DETAILED AND PUPIL SPECIFIC INFORMATION AND ADVICE

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Transition of Deaf Students from school to FE services – joint visits to Year 11 pupils by Teachers of the Deaf from the Hearing Impaired Service and the Tees Valley Sensory Support Service in the Spring Term 2009.

Over a period of time there has been anecdotal evidence that some deaf students have found the transition from school to college to be very challenging. There are many possible reasons for this including the need to adapt to new teaching and learning styles, hearing and lipreading new teachers, lecturers and peers, adapting to different physical environments such as bigger lecture rooms with different acoustic properties, bigger teaching groups, raising Deaf Awareness of new teachers and peers and so on.

In an attempt to address these issues an information booklet for Year 11 deaf students was produced by John Wojcik, one of the Teachers of the Deaf from the Hearing Impaired Service. This attempted to explain the different types of post 16 provision that is available and how Deaf students may need to adapt to each one. For example some Deaf students find it much easier to adapt to attending the Sixth Form in their usual schools due to familiarity with the listening environment, hearing and lipreading their teachers and peers and the structure of the day. The Tees Valley Sensory Support Service based in Stockton Riverside College also produced a booklet explaining their service.

Some Deaf students have not been aware of the existence of the Tees Valley Sensory Support Service based in Stockton Riverside College or have not felt confident enough to disclose that they have been experiencing difficulties in the FE sector.

In order to attempt to address these issues it was decided to give Year 11 students who used amplification the opportunity to receive a joint visit from John Wojcik, Teacher of the Deaf with the Hearing Impaired Service and Pat Phinn, Teacher of the Deaf from the Tees Valley Sensory Support Service. This visit was to take place during the latter part of the Spring Term 2009, by which time most students will have had some idea as to their post 16 course and destination.

All the relevant students were identified and letters sent to their parents seeking permission for the joint visit to take place and for information to be shared during the visit. Approximately 50% of the parents responded giving the necessary permission and the visits took place in March 2009.

The visits were very successful and found to be useful by all concerned. Each student was given a copy of the information booklets explained above. It was particularly useful for the students to meet Pat and discuss which courses they were hoping to do and where and to hear about the different types of support that could be available to them. This could range from awareness training for college staff to using notetakers, radio aids and Teacher of the Deaf support. All the students were given Pat’s contact details and they seemed to find it reassuring that support was available in the post 16 sector. Those students who stay on in school sixth forms will continue to receive support and advice from the Hearing Impaired Service.

Once the students have received their examination results, made their final choice of course and started college in September, Pat will collate the information and share it with John. Together they will monitor the progress of the students through the post 16 sector and begin the process again for next year’s school leavers. It is hoped that this process will smooth the transition of Deaf students from school to post 16 education and training and result in improved outcomes for the students.

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Special Arrangements for Statutory Assessments

A pupil who has a hearing loss may require special support/arrangements in order to take tests and examinations. There is a range of possible support to ensure that as many children as possible can take tests. These arrangements are known as Access Arrangements for the National Curriculum Tests and Public Examinations.

Which tests and examinations does this cover?
National Curriculum tests (Standard Assessment Tests or SATs) Public examinations: GCSE, GNVQ, GCE A Level, Entry Level Examinations.

Who might be eligible for special support arrangements?
H I Service advice is that all pupils who are seen weekly by a Teacher of the Deaf will need special arrangements. Pupils who are on our occasional caseload and who have a permanent hearing loss and/or who wear hearing aids are likely to need special arrangements. However, each pupil’s individual needs must be carefully considered alongside their assessment needs.

Key Stage 2
Pupils with a statement of special educational needs are allowed up to 25% additional time for written tests at the school’s discretion. Schools do not have to request permission for additional time for pupils with a statement. Pupils who do not have a statement, but who regularly receive additional time in school may have an application for additional time made on their behalf. To be eligible for up to 25% additional time the pupil must meet certain criteria.
These fall into two categories:

Section A – this relates to specific speed of reading and speed of writing results.
Whilst your Teacher of the Deaf may contribute to this it is anticipated that they will be concerned primarily with the criteria from Section B.

Section B - states that a pupil may be considered eligible for 25% additional time if an appropriate professional, such as a Teacher of the Deaf has made a recent recommendation for additional time, because of a sensory impairment that affects the pupil’s ability to access the tests.

In what circumstances is additional time not appropriate?
For example, if the pupil’s needs would be better catered for by other access arrangements such as rest breaks and/or working in a separate room, or the pupil does not regularly receive additional time on a regular basis in school; if additional time is not normally provided in school, pupils are unlikely to use it in the tests.

Arrangements for pupils with hearing impairment and pupils who use sign language
Schools can make the following access arrangements; they do not have to request permission.
Using communicators and signers; the teacher responsible for access arrangements should, with the head teacher make arrangements for communicators or signers to support pupils who use British Sign Language or other sign supported communication, or who supplement their residual hearing by lip reading.
Foe more information download the Modified Test administrator’s guide - www.nad.org.uk/tests

What other support is available?

• separate room
• rest breaks
• modified papers for mental maths
• reading of the questions by a known adult in order to facilitate lip reading
• recording of pupil’s responses

 

For further information telephone – 08700606040 and ask for the access arrangements co-ordinator.

GCSE/A Level
There are clear guidelines regarding special exam arrangements – these fall into two categories:

Arrangements requiring permission from JCQ

1. Modified papers for Hearing Impaired and Visually Impaired
2. All other arrangements to be made to each awarding body for the individual candidate – Form 8 Foot Note/evidence may be required to support this. These include:-

• reader
• scribe/amanuensis
• use of word processor
• practical assistant
• oral language modifier
• sign interpreter
• more than 25% extra time
• 1 hour early opening

Footnote Form 8A must be completed and signed by the Head of the Centre and forwarded to AQA naming individual ToD, and their qualifications if it is intended that they will assess/report on a candidate in that centre.

Arrangements which can be put in place by the centre
A list of candidates has to be forwarded to each Awarding Body. School will need evidence to support their decision. Arrangements delegated to centres include: -

• up to 25% extra time
• supervised rest breaks
• prompter
• transcript
• read aloud
• separate room/invigilator
• amplification equipment

 

It is the school’s responsibility to make and ensure arrangements are in place. If you require further assistance regarding a Hearing Impaired pupil on the H.I. Service caseload or need advice, please contact 01642 201822 or speak to your Teacher of the Deaf

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