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RESPONSE TO THE DRAFT EDUCATION (DISABILITY STRATEGIES AND PUPILS� RECORDS) (SCOTLAND) BILL

NOVEMBER 2001

The Scottish Disability Equality Forum (SDEF) is an umbrella membership organisation open to all disability organisations or any individual with any type of impairment and is funded by the Scottish Executive.

Every person, organisation and network has an important role to play in ensuring the voices of people who are affected by disability are heard in the new Scotland. The SDEF seeks to enable this.The Forum is presently seeking to restore a network of groups dealing with access throughout Scotland to share expertise and add value to the work of local groups.

The Scottish Disability Equality Forum therefore welcomes the opportunity to comment on the above draft Regulations.

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Please let us say first of all that we think this is a well-researched consultation paper, which covers most items of concern.�� However, there are still matters which we would like to highlight.

The draft regulations must be made specific to cover the following

1.����������������� Most important omission is there is no stated time-scale.This must be included in regulations.Planning should be able to be dealt with quickly.However we more concerned about implementation, monitoring and penalties for non-compliance � the how and when.Who will oversee and monitor and enforce? � appears from P9 Section 3 � HM Inspectorate.�� How soon will they be able to set up to do this?

2.����������������� They will need to be specific and made such that it will not be cheaper to break the law and pay a fine.

3.����������� Additional resources must be identified and allocated for planning, but more importantly implementing strategies.

Page 5 Accessibility Strategies.

Par. 2c Genuine informed open choices must be given to parents and pupils which would benefit each individual pupil whether in mainstream or �specialist schools� � not being told this is best � for whom? and why?Mainstream must mean total inclusion within the school environment and not special units on the same campus i.e. a school within a school, where all the pupils do not have the opportunity of mixing.

If the explanatory notes and impact form part of the official and enforceable document, then the following comments may be superfluous.If not the regulations must be expanded to do so.

This would involve changes in school management � movement of pupils within school, school outings and holidays, and after school activities.

Page 6 Pre-school must be included

Impact.

P.10���� Special Educational needs and disability act 2001 in England and Wales �unlawful to discriminate on grounds of disability.Emphasis again on planning � implementation, enforcement and their timescale to support, necessary before planning means anything.

Agree there is only one option which will work and that is option 3 and introduce primary legislation.This can then be enforceable and be enforced.This will also mean it will not be subservient to other complementary legislation e.g. Building Regulations and Transport (as is the DDA itself, which is secondary)

The needs of disabled parents should also be catered for, to give them equal rights with other parents.In addition many schools are now community schools which are open to the general public.

Page 11.Agree especially with travelling long distances.�� This is discriminatory as it means a longer and tiring day compared with other children, and taking away from other local children.This means also specialist transport provision.

Page 12Glad to see mention of benefits of inclusion to all pupils and staff, helping everyone to adapt and understand difficulties.This will form a good basis and better understanding in the future throughout their lives.This will impact on disability awareness training and teacher training colleges and in schools for all staff working there (not only teachers) e.g. secretaries, dinner ladies etc.

P12.Higher achievement important element and should mean being better equipped.However, this opportunity must be carried on beyond statutory educational age, as the higher expectations will not reach full potential.

Costs.Private sector costs detailed.Public sector not costed � is this because it gets �lost� in the overall budget?Is it intended that extra resources will be identified and allocated especially for implementation or will this come of existing budgets, which are already strained.Concerned this document only covers planning strategies.There will be costs of implementation and evaluation.

P13Some suggestion of how this could be done.

Do not acceptre-scheduling of classes and time tables unless whole class is involved, and until all other avenues have been explored and discarded and certainly never in a new school.This must never seen as the easy option.The individual child must never be made to feel different.This must not affect choice of subject e.g. in secondary school if the only science labs or art rooms are upstairs.Stair lift is not acceptable unless it is a platform type as many people cannot transfer themselves, and lifting is neither dignified, independent nor safe for anyone.

Annex A

Agree except for timetabling see above.Safety must be taken into account e.g. practical subjects but not a blanket ban (each individual pupil should be assessed on their own merits and abilities).

Glad to learn that it has been recognised that information will be made available in various forms e.g. dyslexic pupil or parent.


Scottish Disability Equality Forum

Working together for the disability movement

SDEF is a recognised Scottish charity no. SC031893

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