The Special Educational Needs and Disability Act 2001 (SENDA) removed the education exemption under the 1995 Disability Discrimination Act, and came into force in September 2002. The Act made a number of requirements of universities and colleges to ensure the admission and support of disabled students, and failure to do so leaves institutions open to legal action.
The Equality Act 2010 replaces much of the previous legislation and strengthens the law in this area. A concise overview can be found in issue 25 of In Practice. An Equalities Office Fact Sheet provides a concise summary of the position, and there are also four guidance booklets. The Equality Challenge Unit has also prepared information on the key changes.
The new public sector equality duty came into force on 6 April 2011. The Government Equalities Office web site has the response to a consultation on this, together with draft regulations and other guidance. The Equality and Human Rights Commission is consulting on a draft Code of Practice for Further and Higher Education.
A number of sources of further information are available to institutions, in particular the Equality Challenge Unit, and advice on the use of new technologies for disabled students can be found at TechDis. The outcomes of research studies for England and
Wales have also been published.