Allowances: Responding to Reform #dsa Chair: Professor Alan Hurst - - PowerPoint PPT Presentation

Thursday 13th October 2016

Disabled Students’ Allowances: Responding to Reform #dsa

Chair: Professor Alan Hurst Formerly of the School of Education & Social Sciences, University of Central Lancashire

Georgina Watts Team Leader, Disabled Students’ Allowances, DfE

Responding to Reform

Georgina Watts - Department for Education Manchester, 13 October 2016

Disabled Students’ Allowances

5

 based on need X based on individual intervention, rather than reducing barriers for all students X little focus on impact of various interventions (what actually makes the difference?) X requires student to demonstrate the impact of their disability, go for an assessment etc. X some bad practice X not clear it offers best value for taxpayers money

How can disabled students in Higher Education be better supported? Introduce a set of reforms to: Improve the current system Incentivise HE providers to move to a social model of support: inclusive practice

6

Supporting disabled students in Higher Education

7

DSAs Reasonable adjustments Inclusive learning environment

Continued improvement to the current system

• NMH Quality Assurance Framework
• Conflict of Interest strengthened, will cover NMH

too

• Supplier sourcing

8

NMH Quality Assurance Framework

• Registration
• Qualifications
• Audit
• Cost bands

9

Incentivising the social model: reforms

• Less specialist NMH responsibility of HEIs
• Peripherals and consumables
• Accommodation

 The Exceptional Case Process

10

Incentivising the social model: facilitating a sector- led response

• Disabled Student Senior Leadership Group:
• benefits
• inclusive practice
• reasonable adjustments
• student voice

11

Future: continuous improvement of the DSAs system

• Assurance
• Review systems and processes
• Greater engagement with disabled students

12

Future: expanding the bottom of the triangle

• HEPs do review of needs first and adjustments

they can make

• Encourage HE providers to develop inclusive

practice

– Teaching Excellence Framework – HEFCE funding

13

Work with the sector

14

Tracey Eldridge-Hinmers Senior Associate, Veale Wasbrough VizardsDfE

www.vwv.co.uk | Offices in London, Watford, Bristol & Birmingham Lawyers & Parliamentary Agents

Reasonable Adjustments

Tracey Eldridge-Hinmers, Senior Associate

www.vwv.co.uk | Offices in London, Watford, Bristol & Birmingham - Lawyers & Parliamentary Agents

Why does getting it right matter?

• Moral imperative
• Disabled young people still less likely to go to university than their

non-disabled peers

• 42.1% of disabled young people aged 18 -24 not in employment

education or training compared with 18.6% of their non-disabled peers (2012)

• 71% of disabled graduates in employment compared with 42% of

disabled non-graduates (2012)

www.vwv.co.uk | Offices in London, Watford, Bristol & Birmingham - Lawyers & Parliamentary Agents

Why does getting it right matter?

In 2015, disabled graduates had lower employment rates, higher unemployment rates and higher inactivity rates, across both working age and young populations. The gap in both the employment rate and inactivity rate was narrower across the young population. However the unemployment rate disparity was wider for the young population, with the unemployment rate of young disabled graduates 2.8 percentage points higher than young graduates that are not disabled.

www.vwv.co.uk | Offices in London, Watford, Bristol & Birmingham - Lawyers & Parliamentary Agents

Employment Rates, Unemployment Rates and Inactivity Rates by Disability Status (2015)

www.vwv.co.uk | Offices in London, Watford, Bristol & Birmingham - Lawyers & Parliamentary Agents

Why does getting it right matter?

• The public sector equality duty
• Internal management time and legal fees dealing with complaints
• Complaints to the OIA
• Legal sanctions
• County Court claims
• Judicial review
• Intervention by the EHRC
• Brand and reputation

www.vwv.co.uk | Offices in London, Watford, Bristol & Birmingham - Lawyers & Parliamentary Agents

The definition of disability

• A person has a disability for the purposes of the Act if he or she has a

physical or mental impairment and the impairment has a substanial and long term adverse effect on his or her ability to carry out normal day to day activities

• Substanial – more than minor or trivial
• Long term - has lasted or is likely to last for at least 12 months or for the

rest of the disabled person’s life

• Normal day to day activities?

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Who has obligations under the Equality Act?

• Universities and higher education institutions in England and Wales
• Obligations owed to EU and international students
• Liability for acts of employees
• Liability for acts of agents
• Governing Body is responsible for obligations under the Equality Act

www.vwv.co.uk | Offices in London, Watford, Bristol & Birmingham - Lawyers & Parliamentary Agents

The reasonable adjustments duty

• Where a provision, criterion or practice puts disabled students at a substanial

disadvantage compared with those who are not disabled, to take reasonable steps to avoid that disadvantage

• Where a physical feature puts disabled students at a substanial disadvantage

compared with people who are not disabled, to take reasonable steps to avoid that disadvantage or adopt a reasonable method of providing the service or excising the function

• Where not providing an auxiliary aid or service puts disabled students at a

substanial disadvantage compared with students who are not disabled, to take reasonable steps to provide that auxiliary aid /service

• Does not apply to competence standards

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Making reasonable adjustments

• The duty to make reasonable adjustments is anticipatory
• It requires universities to anticipate the needs of disabled students for

reasonable adjustments

• No need to anticipate every barrier
• Confidential requests
• What is reasonable?

www.vwv.co.uk | Offices in London, Watford, Bristol & Birmingham - Lawyers & Parliamentary Agents

Auxiliary aids and services

An auxiliary aid includes an auxiliary service and is anything which provides additional support or assistance to a disabled student. Examples include:

• a piece of equipment;
• the provision of a sign language interpreter, lip-speaker or

deaf-blind communicator;

• extra staff assistance for disabled students;
• an electronic or manual note-taking service;
• induction loop;
• video phones;
• audio-visual fire alarms;
• readers for students with visual impairments

www.vwv.co.uk | Offices in London, Watford, Bristol & Birmingham - Lawyers & Parliamentary Agents

Factors to consider

• Would a step overcome the substanial disadvantage
• Practicability of the adjustment
• The type of education or other benefit, facility or service being provided
• Financial and other costs of making the adjustment
• The availability of grants, loans and other assistance
• The extent to which aids and services will otherwise be provided
• The resources of the education provider and availability of financial or other assistance
• The effect of the disability on the individual
• Health and safety requirements
• The interests of other people, including other students

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Non-medical help

NMH refers to practical support provided to students that falls short of medical treatment. NMH is classified into four bands, 1 being the least significant and 4 the most

www.vwv.co.uk | Offices in London, Watford, Bristol & Birmingham - Lawyers & Parliamentary Agents

Band 1

• Practical support in your sessions, for example, art studio / laboratory

assistance.

• Accessing books in the library.
• Orientation for students who may have visual impairment.
• Text checking (proof reading assignments).

www.vwv.co.uk | Offices in London, Watford, Bristol & Birmingham - Lawyers & Parliamentary Agents

Band 2

• Note taking.
• Exam reader / scribe.
• Assistance with organising a student’s timetable and academic tasks.
• Assistance with managing time to help meet deadlines.

www.vwv.co.uk | Offices in London, Watford, Bristol & Birmingham - Lawyers & Parliamentary Agents

Bands 3 & 4

Band 3

• Transcribing interviews for research assignments.

Band 4

• Specialist tuition (e.g. for conditions such as dyslexia).
• Mental health mentoring.

www.vwv.co.uk | Offices in London, Watford, Bristol & Birmingham - Lawyers & Parliamentary Agents

The tensions to come?

• DSA historically has included those students who at school are identified as

having “special educational needs”

• These students will not all fall within the Equality Act definition of disability
• Universities are only obliged to make reasonable adjustments for “disabled”

students

• Those with “special educational needs” under the changes to DSA will receive

no additional funding/support

• The new SEN Framework is from 0 to 25 years
• Universities and HEIs are expressly excluded

www.vwv.co.uk | Offices in London, Watford, Bristol & Birmingham Lawyers & Parliamentary Agents

Tracey Eldridge-Hinmers

Senior Associate Email: teldridge-hinmers@vwv.co.uk DDI: 020 7665 0802

Chris Brill Senior Policy Adviser, Equality Challenge Unit

Responding to DSA reform: moving to an inclusive environment Westminster Briefing, 13 October 2016 Chris Brill, Senior Policy Adviser, Equality Challenge Unit

‘Inclusive learning and teaching recognises all students’ entitlement to a learning experience that respects diversity, enables participation, removes barriers and anticipates and considers a variety of learning needs and preferences.’

(HEA, https://www.heacademy.ac.uk/workstreams-research/themes/retention- and-success/inclusive-learning-and-teaching )

Arguments for inclusive environment

= Moral ‒ HE promotes social mobility and enhances individual life chances ‒ High number of disabled students = Legal requirements ‒ Reasonable adjustments ‒ Public sector equality duty = Business ‒ Reputation ‒ Financial loss

Current policy drivers

= TEF = QAA = Access Agreements = Internationalisation = DSA reform

DSA reform and inclusive practice

= “Shifting the focus back to universities in meeting their legal requirements under the Equality Act” = Puts emphasis on inclusive environment and individual reasonable adjustments. ‒ DSA for specialist support ‘beyond reasonable adjustments.’

Responding to challenges: Initial resourcing and project planning

= HEFCE: Doubling funding to support disabled students from £20 million in 2015-16 to £40 million in 2016-17 and 2017-18. ‒ cites ‘transitioning to more inclusive models of support’ = HEFCE: invited applications for funds to address barriers to student success ‒ ‘Experimental’ innovation in learning and teaching (Up to £50,000) ‒ Deadline noon 14 October

Responding to challenges: Engagement across HEI

= Expect, recognise and reward good learning and teaching = Embed expectations within formal processes e.g. module approval = Delivering training and development: link to QAA, TEF = Provide teaching resource: move away from deficit = Examples include: ‒ Develop guidance e.g. Anglia Ruskin, Brunel, ECU, HEA ‒ Designated staff in departments e.g. Manchester Metropolitan, Nottingham ‒ Programme design e.g. Brighton ‒ Basic checklist e.g. Plymouth, Edinburgh

Checklist

= Housing teaching materials on VLE = Improve accessibility of materials = Ensure reading lists are focussed and updated = Allow or facilitate the recording of lectures = Use plain English and clear presentation in lectures = Pre-selection of diverse training groups = Diversify the range of learning opportunities, approaches and assessment methods

Responding to challenges : Strategic focus on inclusive design

= Align work with drivers; TEF, OFFA = Working groups = Engage leadership ‒ Business case ‒ Legal responsibilities/risk

Risks and mitigating actions

= Consistency, individual perception ‒ Review policies, include clause relating to Equality Act = Policies not aligned to Technical Guidance expectations ‒ Senior level responsibility = Lack of oversight ‒ Strategic level project = Learning outcomes developed without consideration of competence standards ‒ Course validation

In summary

= Opportunity to engage with inclusive environment agenda = Practical guidance is available ‒ HEA/ECU/ Plymouth = Work of DSSLG support practitioners with messaging for senior leaders ‒ Benefits / Risk = ECU develop web portal ‒ Signposting/Discussion/FAQ

Resources

= Paper of DSSLG (Oct/Nov 2016) = www.ecu.ac.uk/guidance-resources/inclusive-environment/ = www.Usemyability.com = www.Heacademy.ac.uk/embeddinginclusion = www.plymouth.ac.uk/your-university/teaching-and- learning/inclusivity = ECU (2015) Understanding the interaction of competence standards and reasonable adjustments http://www.ecu.ac.uk/publications/understanding-the- interaction-of-competence-standards-and-reasonable- adjustments/ = ECU Academic teaching staff: developing equality and diversity skills, knowledge and values http://www.ecu.ac.uk/wp- content/uploads/2015/04/Academic-teaching-staff-developing-e-

Question Time

Lunch Break #dsa

Jane Collings Educational Developer, Teaching and Learning Support, Plymouth University

From admissions to alumni: striving for an inclusive student journey.

Jane Collings

Teaching and Learning Support (TLS) Plymouth University

jane.collings@plymouth.ac.uk https://www.plymouth.ac.uk/your-university/teaching-and-learning

A shared challenge !

A long journey: challenging myths and changing approaches to inclusion

• Difficult territory
• Powerful myths about disability and difference
• Concerns about reducing academic standards
• Challenges of ‘reasonable adjustments’ given resource

restraints

• Moving the culture away from a ‘deficit’ notion
• Engaging staff and countering resistance
• ‘Aiming for transformational

inclusive learning that is equitable’

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Inclusive practice is not new at Plymouth….

Contingent approach

• ffers

provision of special arrangements

• r

adjustments within existing systems Alternative approach

• ffers

different assessment methods as a bolt-on for a minority of disabled students. Inclusive approach is designed to ensure accessibility for all students and reduces the need for MAPs. SWANDS Project, Waterfield and West (2002) SPACE Project, Waterfield and West (2006)

Inclusive student journey

Admissions -realistic (fitness to study/practice issue) Early identification, communication about students support needs, reasonable adjustments and the Review Panel (RARP). Consistent & effective personal tutoring Effective teaching and post session support Inclusive assessment & feedback Field trips/off campus activities, laboratory and practical work Locating and supporting placements Employment and advice about further study

Engaging staff

• Senior leadership commitment and support
• Pilot project in the School of Geography Earth &

Environmental Science

• Support from champions in schools and faculties
• New university-wide processes and procedures
• Collaboration and co-delivery Disability Assist & TLS
• Presentations at faculty and school meetings, T&L

committees and away days

• Supporting programme teams and individuals
• Open workshops, forums, conferences and events
• In PGCAP and ITL sessions
• Through comprehensive resources
• Any further ideas welcomed!

https://www.plymouth.ac.uk/your-university/teaching-and learning/inclusivity/technology- to-assist-with-inclusive-practice

Supporting students and staff through technology

https://www.plymouth.ac.uk/your-university/teaching-and-learning/guidance-and- resources/student-support-services

Assisting students and staff to access support services

Mental health support

https://www.plymouth.ac.uk/student- life/services/learning-gateway/shine

Resources to support staff

https://www.plymouth.ac.uk/your-university/teaching-and-learning/inclusivity

One- entry portal web resource containing information & guidance, guides, videos, podcasts and links

Any Questions ?

https://www.plymouth.ac.uk/your-university/teaching-and-learning

https://www.plymouth.ac.uk/your-university/teaching-and-learning/inclusivity https://www.plymouth.ac.uk/student-life/services/learning-gateway

What role should disability practitioners play in the future (post-DSA reform)? How do we go beyond reasonable adjustments?

Dr Mike Wray

I need to work myself

• ut of a

job

Inverting the pyramid – reasonable adjustment involves:

• Current position

Inclusive provision Support services DSA

• Future position

DSA Support services Inclusive provision

Inclusion involves all these things working hand in hand

Excellence in teaching, learning and assessment practice Support Services

DSA

INCLUSION

Research Evidence

Teaching staff say: “I think there are problems with money and I don’t think it’s the school, I think we need more money, and this idea of inclusion has to be understood to be more than window dressing” Paliokosta & Blandford (2010)

Research Evidence

But teaching staff say: “Time was another recurring theme. In the English department, this was linked to there being too much to cover in the curriculum to give time to meeting individual needs. Lack of literacy and numeracy skills were mentioned as a problem in science and the arts.” Ellins & Porter (2005)

Reasonable adjustment?

• “particularly making reasonable adjustments

so that students with disabilities can perform upon a relatively even platform compared to

• ther students” Edwina, senior administrative

manager.

• “we should be treating all students irrelevant
• f anything with the respect as an individual

and providing…. reasonable resources and facilities” Nathan, Business, lecturer

Conflict with notion of fairness

“maybe their disability doesn’t impair their ability to do essays and them I’m prejudicing the other students who have to get their essays in by a certain deadline so that’s an area of considerable debate amongst colleagues”, Xavier, lecturer, Health and Life Science. ‘They have already received support from the support team, so why should they get it again by giving them extra time?’ Jessica, lecturer, Business.

Policy implementation responses

Capitulative Oppositional Pragmatic Constructive

Participants have given up and are ‘sinking’ i.e. they take sick leave due to stress or they resign

• r they may

be fired Participants do not really care about the

• utcomes
• f the

policies or their work so make little effort

Active resistance (leaving the job/ using different rules) Passive resistance / under the stage

Passive acceptance

Manipulat ion/fitting into existing practice Mediation / creativity

Active acceptance embracing

Research Evidence

HE teaching staff say: ‘We have been told by the university that we have to follow the guidance and not give anyone more than a week’s extension but we ignore that because it’s just not realistic with our students.’ Rebecca, programme leader, Education. ‘I’m kind of philosophically committed to this way

• f teaching because not only have I got so

entrenched in it but I actually believe it because I’ve seen it works out well’. Fred, lecturer, Arts.

Research Evidence

HE teaching staff say: “there is a range of significant practice occurring within teaching and learning settings which is aimed at supporting a positive experience of HE for disabled learners” Wray, 2014

Research Evidence

However whilst these adjustments often required considerable complexity for the staff in terms of decision making and altering practice… the approaches have yet to encompass inclusive practice

• n a broad basis

Whilst a flexible and individualised approach is taken to supporting many disabled students, as suggested as good practice by Fuller, et al., (2004), this is often still undertaken on an ad hoc basis. Wray, 2014

https://blog.yorksj.ac.uk/m.wray

New meaning of educational change

• Change is complex –

Michael Fullan Consider the:

• ‘what’ of change
• ‘how’ of change
• Shared meaning

– Shop floor constructivists?

Engaging moral purpose – Fullan et al 2009

e.g. inclusive practice is good for everyone

Learning Support Plans Inclusive teaching and learning practice Student characteristics (e.g. graduate attributes, impairments, expectations

Supported independence?

Note-taking - DSA changes

• Exploring pedagogical

solutions

– Lecture capture/collaborative notetaking solutions – Flipped classroom

• Institutional response

– Inclusive teaching and learning framework – Learning Support Plans – Reasonable adjustments committee

• Upskilling students

– Inclusive Study Development Team

Student experience

Inclusive practice Skills Development Pedagogy

New role for Disability Advice?

• Purchaser/provider

model

• SENCo roles/

Departmental contacts

• Subject specific

– Quality enhancement/academic development

Lesley Morrice Chair, National Network of Assessment Centres & Assessment Centre Manager, University of Nottingham

DSA REFORMS THE VIEW FROM THE ASSESSMENT CENTRE

Legislation / Guidance Notes

Keeping track of! Remembering all the key points Different funding bodies Interpretation! Assessors/AC Managers/HEIs/Funding Bodies

Student Finance England/NHS

Will no longer fund:

• Standard Note-takers
• Library Support Assistants
• Practical Support / Lab Assistants
• Study Assistants
• Examination Support Workers (Scribes/Readers)
• Alternative Formats Service

WILL still fund Sighted Guiding and Specialist Note-takers for Visually Impaired or Deaf students

How a student’s needs will be met will be the responsibility of the institution

Student Finance England/NHS

Assessors need to provide 2 quotations for NMH Only NMH providers who are registered with DSA- QAG can be recommended

Challenges

Inclusive Fee Transitional Protection – until 31 August 2018

Inclusive Fee/Reviews

(funded/unfunded)

Inclusive Fee expected to cover reviews on the student for the duration of their studies unless:

 They move to PGCE or Research PG course  They present with a new disability (review requiring at least 2 hours

• f work)

 There is a gap of more than 2 years in study  They have not had a full assessment or funded review for 5 years Transitional Protection needs to be taken into account – August 2018 ADDITIONAL WORK!!!!

Student Finance Wales

 Won’t fund entry level computers – but no £200 contribution  Not yet bringing in the requirement for 2 quotes  Not yet requiring NMH providers to be registered with DSA-QAG – but NMH provider must be suitably qualified and/or experienced and have an appropriate employment status  Expect Skype NMH to be an exception and

• nly when in students’ best interests

 Being reviewed for 2018/19

Research Councils

 Will be bringing in the £200 student contribution towards a computer from September  Will not fund high specification computers/tablets or course specific software  No announcement as to whether they will bring in the other changes

YET!

Challenges For Assessors

 DSA-QAG NMH REGISTER!!! - Clunky, slow, makes searching difficult – layers - Randomised – changes after 10 minutes  Not all institutions are on the register  Sole Traders – distance from HEI – 1:1/Remote?  Doesn’t include information on HEI current arrangements or reasonable adjustments – greater need to contact HEI  Move away from ‘preferred’ suppliers – how to ensure quality?

SFE Queries/Pended Reports – 56%

/ 20%

 Digital Voice Recorders / Printer/Scanner/Copiers  Standard bundle  Non-Registered NMH Provider  Appropriate NMH Descriptor not used  Quote above the price cap  Recommendations for Bands 1 and 2 / other HEI responsibilities

‘If the assessor identifies a need for support that is indicated as being the primary responsibility of the institution or which falls

• utside the scope of DSAs

funding, these should be noted throughout the report and a summary provided which the student can share with the institution for .’

‘The assessor should not state how support that is required from the institution should be delivered or the level required - that is for the institution to determine taking into account the individual needs of the student’.

‘The Needs Assessor should consider the barriers that need to be addressed and set out the strategies that are necessary to overcome the barrier in the NAR. The Needs Assessor should detail what strategies would work for the student to provide the support essential for them to access their course’.

‘Some of these strategies are likely to include support and activities with

• utcomes associated with

NMH Bands 1 and 2 NMH activities and specialist transcription services. It will be for the HE provider to agree with the student how to meet their needs in these areas’.

 It should be made clear in the report what the barriers are – e.g. ‘this student is unable to take notes and requires provision to enable them to access and capture information from lectures and formal sessions’  It is up to the HEI how they meet those needs  There is an expectation that the Assessor will make all reasonable efforts to contact the HEI where support outside of DSA is required and to note their response in the Needs Assessment Report 

Managing Expectations

 Students / Parents – no longer a holistic assessment – laptops!  HEI – ‘please recommend’ v ‘don’t recommend’!  HEIs providing ‘zero cost’ support – registered/not registered  F.E.  NMH Providers  DfE/Funding Bodies

To Come…..

 Centralised Procurement Strategy – full review  Assessment Centre Process – review  NMH Audit Process  QA of Needs Assessment Reports – in Autumn for 2017  Guidance around the Exceptional Case Process  ?????

How to keep up with the changes!

 DfE/SFE Updates  Sector Engagement  NNAC Wiki  NNAC Managers’/Assessors’ Forums

Any questions?

lesley.morrice@nottingham.ac.uk

Question Time

Chair’s Summary