SCHEDULES
SCHEDULE 13Education: reasonable adjustments
Preliminary
1
This Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part.
The duty for schools
I12
1
This paragraph applies where A is the responsible body of a school to which section 85 applies.
2
A must comply with the first and third requirements.
3
For the purposes of this paragraph—
a
the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A;
b
the reference in section 20(3) or (5) to a disabled person is—
i
in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally;
ii
in relation to a relevant matter within sub-paragraph (4)(b), a reference to disabled pupils generally.
4
In relation to each requirement, the relevant matters are—
a
deciding who is offered admission as a pupil;
b
provision of education or access to a benefit, facility or service.
The duty for further or higher education institutions
3
1
This paragraph applies where A is the responsible body of an institution to which section 91 applies.
2
A must comply with the first, second and third requirements.
3
For the purposes of this paragraph—
a
the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A;
b
the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A;
c
the reference in section 20(3), (4) or (5) to a disabled person is—
i
in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally;
ii
in relation to a relevant matter within sub-paragraph (4)(b) or (c), a reference to disabled students generally;
iii
in relation to a relevant matter within sub-paragraph (4)(d) or (e) below, a reference to an interested disabled person.
4
In relation to each requirement, the relevant matters are—
a
deciding who is offered admission as a student;
b
provision of education;
c
access to a benefit, facility or service;
d
deciding on whom a qualification is conferred;
e
a qualification that A confers.
4
1
An interested disabled person is a disabled person who, in relation to a relevant matter specified in the first column of the table, is of a description specified in the second column.
Case | Description of disabled person |
|---|---|
Deciding upon whom to confer a qualification. | A person who is, or has notified A that the person may be, an applicant for the conferment of the qualification. |
A qualification that A confers. | An applicant for the conferment by A of the qualification. A person on whom A confers the qualification. |
2
A provision, criterion or practice does not include the application of a competence standard.
3
A competence standard is an academic, medical or other standard applied for the purpose of determining whether or not a person has a particular level of competence or ability.
The duty relating to certain other further or higher education courses
I25
1
This paragraph applies where A is the responsible body in relation to a course to which section 92 applies.
2
A must comply with the first, second and third requirements; but if A is the governing body of a maintained school (within the meaning given by that section), A is not required to comply with the second requirement.
3
For the purposes of this paragraph—
a
the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A;
b
the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A;
c
the reference in section 20(3), (4) or (5) to a disabled person is—
i
in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally;
ii
in relation to a relevant matter within sub-paragraph (4)(b), a reference to disabled persons generally who are enrolled on the course.
4
In relation to each requirement, the relevant matters are—
a
arrangements for enrolling persons on a course of further or higher education secured by A;
b
services provided by A for persons enrolled on the course.
The duty relating to recreational or training facilities
6
1
This paragraph applies where A is the responsible body in relation to facilities to which section 93 applies.
2
A must comply with the first, second and third requirements.
3
For the purposes of this paragraph—
a
the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A;
b
the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A;
c
the reference in section 20(3), (4) or (5) to a disabled person is a reference to disabled persons generally.
4
In relation to each requirement, the relevant matter is A's arrangements for providing the recreational or training facilities.
Code of practice
7
In deciding whether it is reasonable for A to have to take a step for the purpose of complying with the first, second or third requirement, A must have regard to relevant provisions of a code of practice issued under section 14 of the Equality Act 2006.
Confidentiality requests
8
1
This paragraph applies if a person has made a confidentiality request of which A is aware.
2
In deciding whether it is reasonable for A to have to take a step in relation to that person so as to comply with the first, second or third requirement, A must have regard to the extent to which taking the step is consistent with the request.
3
In a case within paragraph 2, a “confidentiality request” is a request—
a
that the nature or existence of a disabled person's disability be treated as confidential, and
b
which satisfies either of the following conditions.
4
The first condition is that the request is made by the person's parent.
5
The second condition is that—
a
it is made by the person, and
b
A reasonably believes that the person has sufficient understanding of the nature and effect of the request.
6
In a case within paragraph 3, a “confidentiality request” is a request by a disabled person that the nature or existence of the person's disability be treated as confidential.
The duty for general qualifications bodies
9
1
This paragraph applies where A is a qualifications body for the purposes of section 96.
2
Paragraphs 3 and 4(1), so far as relating to qualifications, apply to a qualifications body as they apply to a responsible body.
3
This paragraph is subject to section 96(7).