LEGISLATIVE CONTEXT
32. The Disability Discrimination Act ( DDA) 1995, as amended, has made it unlawful for institutions to discriminate against disabled applicants, potential applicants or students by treating them less favourably than other people. Institutions must also make reasonable adjustments to ensure disabled students are not placed at a substantial disadvantage compared to other students. Reasonable adjustments could, for example, include things like offering information in alternative formats and changing admissions, administrative and examination procedures. Institutions are not expected to provide the same disability support that is met by another source, for example by the Additional Support Needs for Learning Allowance or the Disabled Students Allowance. However, if a student's education related needs are not met by another source, then it is reasonable to expect the institution to provide the additional support required.
33. The Disability Discrimination Act 2005 builds on and updates the 1995 Act. The Act sets out general duties which require colleges and universities, when carrying out their functions, to have regard for the need to eliminate unlawful discrimination and harassment and also to promote equality of opportunity between disabled persons and other persons by improving opportunities for disabled people. The new duties do not override other legislation or responsibilities - colleges and universities will have to take a reasoned and reasonable view of how their activities can affect equality and take action to comply with the duty. The Act gives Scottish Ministers the power to impose specific duties on Scottish authorities, which they consider appropriate for the purpose of ensuring the better performance of the general duties. Further education colleges and universities are included in this and will be required to produce and implement a disability equality scheme to demonstrate how they will fulfil the general duties. Under the new Act, institutions will wish to think differently about the provision they offer for people with disabilities. Over time, this should further raise the baseline of support offered by institutions and should, as a result, lead to less reliance on DSA funding support.
34. The Further and Higher Education (Scotland) Act 2005 requires the Funding Council to have regard to the educational and related needs (including support needs) of students and prospective students of colleges and higher education institutions.