In the context of government policies, there have been multiple developments in policies in UK law and legislation with regards to inclusive policies. Recently, in the years of 2010, “equality law” was put into effect. UK policies with respects to inclusive practice are as follows;
Disability Discrimination Act enacted 1995
Education Act enacted 1996
Special Educational Needs and Disability Act enacted 2001
Disability Discrimination (Public Authorities) (Statutory Duties) Regulations enacted 2005
Disability Discrimination Act enacted in 2005
Equality Act enacted in 2006.
Disability Discrimination Act 1995 maintains that is will be an act of discrimination if a disabled person is treated in a less favourable way than a person without a disability and when such treatment is found unjustified. However, it would not be considered discrimination if treatment is based on solid grounds and justifiable in all respects. This law also emphasises schools to treat children with disabilities equally and to make “reasonable adjustment” that may expand their access to opportunities and other privileges enjoyed by children without disabilities. It should also be ensured that no disabled pupil is put in disadvantageous position by any decision or treatment in class context (Brodie et al, 2015).
Merits
Section 28C of the Act, which
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There is a great amount of researches that advocate inclusive practices and there is also a substantial amount of researches that tend to prove that such practices may have a little practical value. The inclusive practices in UK are favoured” more” by its policies, but, however, it is necessary to take steps that neutralize UK policies. Giving more or less favour may point to same attitude for which efforts are done to eradicate (Lindon,
UK Centre for Legal Education (UKCLE). (2010). SENDA: Special Education Needs and Disability Act 2001 [Online]. York: The Higher Education Academy. [Accessed: 17/11/13]. [Available: http://ww.ukcle.ac.uk/resources/directions/previous/issue4/senda/].
For example, if there was a child in the setting with a physical disability then the practitioner would be expected to ensure that they could fully participate in all activities including a physical educational lesson without feeling segregated from the other children. The practitioner must always ensure that they comply with the equality act 2010, by doing this they are providing equality of opportunities for all children. The practitioner needs to ensure that the environment is accessible for all children and staff so that they are able to participate in all activities available and be able to reach their full potential. When possible practitioners must also differentiate activities so that all children and young people are able to get involved, they must also make sure they got appropriate resources to meet all children’s individual needs and learning styles such as visual and kinesthetic
The Equality Act 2010 which replaces previous anti-discrimination laws with single act makes it unlawful to discriminate, harass or victimise any pupil in relation to admission, ways to provide education, exclusion of any pupil from benefit, facility or service or any other harm.
The Disability Discrimination Act 1995, was replaced by the Equality Act in 2010. This helps to protect disabled people from both direct and indirect discrimination (http://www.politics.co.uk/reference/disability-discrimination, 2010).
These children were now being seen as a group in which society had obligations to provide “normalisation” (Bowe, 2007, p.45) and would lead to a revolutionary law being introduced in America. The Education for All Handicapped Children Act was passed in 1975, of which Australia became a signatory. (AIHW, 2004). This Act mandated “that all school-age children with disabilities must receive a free appropriate public education” (Bowe, 2007, p. 101) “in the least restrictive environment” (Bowe, 2007, p. 5). For the first time in a century, Australia no longer segregated these children into an isolated “special facility” (Allen & Cowdery, 2012, p. 8). State governments established special education units within mainstream schools (AIHW, 2004). This is referred to as Integrated education and is described by Talay-Ongan & Cooke (2005), as an environment “where children with similar disabilities in special classes share the normal school environment, and utilise some classes (e.g., art or physical education) or the playground that all children enjoy.” In 1992, the Disability Discrimination Act was introduced in Australia which specifically covered the topic of Education and in 2005 a set of supplementary standards was passed which specifies the support schools are required to provide to students with a
The Disability Discrimination Act of 1995 set out to end the discrimination people with disabilities encounter. The Act gave disabled people the right to employment, access to goods, facilities, and services and the right to buy and rent land and property. These rights came into force in December 1996, making treating a disabled person less favorably than an able-bodied person unlawful. Further rights came into force in October 1999, including the idea that service providers should consider making reasonable adjustments to the way they deliver their services so that people with a disability can use them. (The DDA...) However, despite these
Dukes, Charles. Dukes, Pamela. (2009). The 'Standard' of the 'Standard' Inclusion by design: Engineering. inclusive practices in secondary schools.
It prohibits discrimination on the basis of real or perceived physical or mental disabilities. Many observers have termed it as the most important legislation against discrimination after the Civil Rights Act of 1964. In fact, this legislation is seen as the outcome of that historic legislation. However, its impact and implications has proven to be more controversial than the highly regarded Civil Rights Act. Businessmen and private firms in particular have been against this legislation for the very start because they believe that it brings in unnecessary burden upon the firms. It is not financially feasible for them to hire individuals with disabilities and they see problems with prohibition of questions like ‘what can you bring to this organization?’ In fact, there have been some studies that concluded that this Act has led to higher unemployment rates among people with disabilities. For example, in 2001, a Current Employment Survey found a sharp drop in the employment of disabled workers. It appears that when economic conditions worsen, people with disabilities are the first ones to be axed from
The implementation of policy and legislation related to inclusive education, thus being a focus on the diversity and difference in our society (Ashman & Elkins, 2009), would have vast implications on the way society views that which is different to the accepted “norm”.
Under the 1944 Education Act children with special educational needs were defined in medical terms and categorised according to their disabilities. Many of those children were considered as ‘uneducable’ and were labelled as ‘maladjusted’ or ‘educationally sub-normal’, and they were given ‘special educational treatment’ in special schools or institutions. In these special schools (institutions) the rights of the children were not considered, as children were socially alienated from family and the society from where they lived. Though the grouping of children with similar disabilities looked positive in the past, such children were deprived their right to association with their peer...
Inclusion is not a new idea, but has been rapidly gaining momentum within many disciplines internationally. Inclusive education is a term often associated with special education, and children with additional needs. However, inclusive education is about ensuring that educational settings allow for meaningful participation by all learners. Each child has their own unique identity, ways of doing things, strengths and weaknesses. Ministry of Education [MoE] (1998) states that teachers “should recognise that as all students are individuals, their learning may call for different approaches, different resourcing, and different goals” (p. 39, emphasis added).
Inclusion has become increasingly important in education in recent years, with the Education for Persons with Special Educational Needs Act being passed in 2004 to ensure equality in our system. In summary, inclusion is the idea of there being no child...
In Australia, teachers must be familiar with the many federal and state laws, regulations, and frameworks, which apply to inclusive education. At a national level, the following Acts and Standards protect students: the Commonwealth (Cwlth) Anti-Discrimination Act 2004; Cwlth Disability Discrimination Act 1992; Racial Discrimination Act 1975; Cwlth Sex Discrimination Act 1984; Human Rights Commission Act 1986; Australia’s ratific...
For over 25 years society’s attitudes towards people with disabilities have changed significantly. As a result, education for students with disabilities has made a prominent transformation. Particular social and historical events, both international and national, have played an integral part in influencing the development of inclusive education in Australia (Thomas and Loxley, 2007). Furthermore the history of society’s attitudes towards difference has had a major influence towards the formation of policies and legislation related to inclusivity, as well as impacted the way society accepts difference today. This critical reflection aims to identify the underlying values of inclusive education policies and legislation, and the influence they may have on society’s attitudes towards accepting difference. I will also reflect on my broadened understanding of what it means to be inclusive and how this has impacted my future implications for teaching.
People with disabilities often face societal barriers and disability evokes negative perceptions and discrimination in society. As a result of the stigma associated with disability, persons with disabilities are generally excluded from education, employment, and community life, which deprives them of opportunities essential to their social development, health and well-being (Stefan). It is such barriers and discrimination that actually set people apart from society, in many cases making them a burden to the community. The ideas and concepts of equality and full participation for persons with disabilities have been developed very far on paper, but not in reality (Wallace). The government can make numerous laws against discrimination, but this does not change the way that people with disabilities are judged in society.