The Equality Act (2010) places a legal duty on HE institutions with regard to its disabled students and applicants. It requires the University to make appropriate anticipatory adjustments for disabled students undertaking programmes of study and using its facilities.
The support and assessment arrangements made by HE institutions to meet the needs of disabled students are commonly referred to as ‘reasonable adjustments’. The anticipatory nature of the duty is important as it requires the University to make reasonable adjustments in readiness to meet need.
The Equality Act (2010) places a duty on public bodies including universities to:
- Eliminate discrimination, harassment and victimisation and any other conduct that is prohibited by or under the Equality Act (2010).
- Advance equality of opportunity between people who share a relevant protected characteristic and people who do not share it.
- Foster good relations between people who share a relevant protected characteristic and those who do not share it.
Disability is one of the nine protected characteristics identified in this respect. As such, universities are legally as well as morally required to ensure that teaching and assessment practices make inclusive and appropriate provision for students with disabilities.
This section discusses general and individual ‘reasonable adjustments’ and offers guidance for different types of assessment. Also see the key resource produced by Disability Rights UK on Adjustments for disabled students and apprentices
It is important to recognise how disability is defined under the Equality Act (2010) in order to appreciate the scope of responsibility that falls to the University under this legislation. As indicated in guidance:
“You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.”
- ‘Substantial’ is more than minor or trivial, e.g. it takes much longer than it usually would to complete a daily task like getting dressed.
- ‘Long-term’ means 12 months or more, e.g. a breathing condition that develops as a result of a lung infection.
Many disabilities are hidden and therefore may not be immediately apparent. The impact of a disability can also be hidden. For example, pain and/or fatigue may cause an individual to struggle to maintain focus or take longer to complete a task.
By making reasonable adjustments in anticipation of student need the University is adopting the social model of disability support whereby barriers are removed through an inclusive approach to university processes, facilities, resources and systems. However, to ensure that students are adequately supported, this generalised and inclusive approach must be complemented by an individualised support provision that recognises the specific needs of individual disabled students.
Since the University must expect to have disabled people applying for and studying on its courses, all courses must be designed and taught in a manner that meets the needs of the main disability groups within society:
- Sensory disabilities (e.g. an impairment to vision and /or hearing)
- Long term medical conditions (including mental health conditions)
- Specific Learning Difficulties (e.g. dyslexia)
- Physical disabilities
- Those with a neurodiverse diagnosis.
As we know that we will be teaching students with these disabilities, adjustments must be built into our course design and delivery.
Reasonable anticipatory adjustments may include the consideration, development and approval of alternative assessment strategies for disabled students who for reasons of disability may be disadvantaged as compared to others. Commonly used assessment instruments remain appropriate and may be validated for delivery in modules by course teams within academic subjects. However, there exists a need to provide an alternative for some disabled students presenting with a predictable need. For this reason, alternative methods to assess learning outcomes should be actively considered in anticipation of student need as part of the planning process.
One way to address anticipatory expectations is to formally validate variant assessment instruments and to permit all students to select methods that best suit their needs. This approach needs careful design to ensure comparability across different instruments and there are complications in setting up student result records on SITS. However, course teams are encouraged to be innovative in this respect and explore the applicability of this approach.
The Disabilities and Dyslexia Service (DDS) works with students and colleagues across the University to identify individualised reasonable adjustments to meet specific needs.
Such adjustments are recorded within a student’s Individual Needs Assessment Report (INAR). The INAR is a confidential document that is made available (with student consent) to relevant staff, including Module Leaders, via Evision. The responsibility of ensuring that the reasonable adjustments noted within an INAR are made falls to the School or PSDs. Funding for the required support comes from the School budget or PSD concerned.
Further information concerning the INAR can be found on the DDS student facing website.
Students must register with DDS before an INAR can be prepared to ensure that individualised reasonable adjustments are both appropriate and tailored to the individual needs of the student. DDS asks students to provide evidence of their disability as part of the registration process to inform support planning. Information and guidance concerning medical evidence requirements can be found on the DDS student facing website.
Individualise reasonable adjustments noted within an INAR could include adjustments to the assessment format. However, INARs do not generally include a request for extended deadlines as this can compound and/or increase time pressure for the student - extending a deadline leaves less time for the next task. Furthermore, this form of adjustment is unlikely in itself to remove the barrier to study experienced by the student due to their disability.
Staff should encourage students who disclose a disability to contact the DDS. However, staff should be mindful not to disclose information of a personal or sensitive nature without student consent. If you wish to refer a student directly to DDS, please follow the University's disclosure procedure using the ‘DDS disclosure authorisation form’ that can be found under ‘Confidentiality’ on the DDS staff facing webpage.
Detailed information concerning the advice, guidance and support that the Disabilities and Dyslexia Service can provide can be found on the DDS student facing webpage.
To meet the duty held by the University under the Equality Act (2010) all possible adjustments should be made during the assessment design process rather than at the marking stage. However, there are some circumstances where this may not be possible. For example, where a student's condition has become worse during an exam or assessment, it may be appropriate to take this into account during marking.
London Metropolitan University uses a certificate system for a number of its disabled students. The certificate identifies where difficulties exist that should exceptionally be taken into account when marking.
Marking the work of students with learning disabilities can be especially difficult, not least where assignments are submitted anonymously. In some cases it may be appropriate to be sympathetic in the marking process to shortcomings in written English where these are not directly relevant to the outcomes being assessed. However, guidance from the Office for Students states that sympathetic marking may only occur where to do otherwise would directly discriminate against the student. Such cases will be documented exceptionally via the student’s INAR.
Examinations
Disabled students may be "substantially disadvantaged" in a written examination because of the stamina required to continue writing or concentrating for a sustained period of time. In some cases it may be the examination paper itself that presents a barrier because of the format.
- Providing a reader to read out questions.
- Providing the paper in large print, Braille or other formats (staff are encouraged to adopt an inclusive approach to the preparation of examination materials as doing so makes it easier to convert materials to alternative formats to meet specific individual need).
- Allowing extra time for students who are deaf or dyslexic so that they can spend more time ensuring they understand the question, or checking their answers for spelling and grammar.
- Allowing time for rest breaks, for example to students who experience fatigue or who have back problems and need to stretch.
- Providing an amanuensis (scribe). Please note, students may need some time to practice with an amanuensis before the exam. Amanuenses may need to have some familiarity with the subject matter.
- Allowing a student to submit scripts on a computer. This will also entail making sure that the computer is "clean" and that technical support is available to address any problems.
Viva, orals and presentations.
Vivas and presentations may present fewer disability related barriers for some disabled students as compared to examinations. However, others may find this mode of assessment much more challenging due to the impact of their disability. It may be helpful to bear in mind the following:
- Students who experience difficulties with verbal communication, or who use sign language, may need to adjust their method of presentation delivery, or be provided with additional time to communicate effectively.
- Sign language interpreters and other support workers must be highly skilled to ensure that the student is not disadvantaged when presenting.
Group work.
In group work it is important that disabled students are provided with equal opportunity to show their abilities and contribute along with their peers. Some points to consider when planning group work could include:
- Do other students require support or training to ensure that disabled students have equal opportunity to participate? Do other students know how to meet the needs of the disabled group member?
- Have tutors planned group activities to take into account the support needs of disabled students to ensure equal opportunity? Is contact with the DDS required for advice and guidance?
- Where group discussions are assessed, are adjustments in place to ensure full contribution from students with communication difficulties?
Practicals and performances.
In practical subjects the need to show competence exists for all students, including those with a disability. However, it may be necessary to make adjustments to enable disabled students to adequately demonstrate the skills and abilities they have developed.
- Some students may need a practical assistant to complete tasks under instruction. For example a student with manual dexterity problems might use an assistant to measure chemicals or operate machinery.
- Some students may need extra time. For example, someone with a mobility difficulty may need extra time to move between patients or take longer to prepare notes.
Computer assisted assessment.
Technology unlocks doors for many disabled people. However, it can also create new barriers and thus it is essential to consider access needs and adjustments.
- Are workstations with enabling technologies available? Is the assessment and associated technology accessible to those using such technologies? For example, is the software tool compatible with screen reading software, and is it accessible for people that cannot use a mouse or keyboard?
- Is the layout and structure of the assessment suitable for students with dyslexia or with partial sight?
- Do any sound clips have text alternatives or subtitles?
- Does the software allow students to have extra time or to take rest breaks during the assessment?
Dissertations and written coursework.
Due to the impact of a disability some students can find it challenging to produce written coursework, particularly longer pieces.
It is often the case that disabled students simply take longer than their peers to complete study tasks. Early discussion between the tutor and student will in most cases help to ensure that the integrity of the assessment and the disability related needs of the student are accommodated. Where appropriate, DDS is available to provide additional support to aid with support planning. Reasonable adjustments for coursework may include:
- The signposting of key texts for research purposes to take into account the additional time that some take to complete reading tasks.
- The provision of assignment questions / texts in an accessible format.