Code of Practice on Education
Under the Disability Discrimination Ordinance

Any comments are welcome. Please call Dr. Hui: Tel. 2948 7963

Revised on 1 December 99

In 1995 Hong Kong's Legislative Council passed the Disability Discrimination Ordinance (DDO) aimed at eliminating various types of discrimination against people with disabilities. In pursuing this goal, the DDO makes particular reference to the field of education, and seeks to ensure that disabled people have equal opportunities to access and meaningful participation in all forms of education, training and instruction.

The DDO therefore has specific implications for those who are involved in providing educational services - including groups such as sponsoring bodies, schools, kindergartens, universities and other tertiary institutes.

This Code of Practice on Education (hereafter the Code) is issued by the Equal Opportunities Commission (EOC) in accordance with terms established by the DDO. The EOC believes it is very important for the general public and those involved in education to be aware of the significant role that educational establishments and those offering training and instruction play in promoting equal opportunities in the community. Similarly, it is important that they be aware of their obligations to disabled people as set out in the DDO, and to ensure that their interactions with disabled people are free from any form of discrimination. The EOC may from time to time revise any part of this Code to assist educational establishments develop strategies consistent with the aims of the DDO.

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The DDO sets out a framework which specifies the obligations that all people need to abide by in their interactions with disabled people. As part of this process, the DDO makes specific reference to the rights that disabled people have in relation to a broad variety of education services. This Code is produced by the EOC to assist the Hong Kong community understand the intentions of the DDO, particularly those sections which seek to ensure equal opportunities for disabled people in the fields of education, training and instruction. Accordingly, this Code is designed to help organisations and others involved in providing education services, and their employees, understand their obligations to disabled people as established by the DDO. It also acts as a guide to disabled people themselves, and their parents and families, as well as support personnel such as assistants, readers and interpreters. In addition this Code acts as guide to students enrolled, or seeking enrolment, in all educational programs, and those professionals who are commonly involved in supporting disabled people in the education process.

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Application

This Code applies to all those Hong Kong-based individuals, groups and organisations offering education, training or instruction. It is meant to guide all community members involved in any form of educational activity, including establishments such as universities, institutes, kindergartens and those schools registered under the Education Ordinance. It also acts as a guide to those involved in less formal educational activities, such as staff development programs. It also applies to the sponsoring bodies of educational establishments and their employees, such as principals, teachers and supporting staffs, as well as those professionals often involved in assisting in the education of disabled people, such as medical practitioners, social workers, psychologists and various types of therapists.

This Code also acts as a guide to disabled people, their parents and families.

All those offering education, training or instruction are encouraged to follow this Code's recommendations and guidelines as to what constitutes good practice in the elimination of disability discrimination. Responsible bodies which manage educational establishments at the pre-school, primary, secondary and post-secondary levels through structures such as governing bodies, management committees, councils or similar groups, are also encouraged to follow this Code's guidelines and recommendations as to what constitutes good practice in the elimination of disability discrimination. Other groups and individuals offering educational services are similarly advised to follow the suggestions made. This should be done unless justifiable hardship can be demonstrated for not doing so (see below). Those employed or studying at educational establishments are also encouraged to follow the Code's guidelines.

Although some of the language and examples used in this Code sometimes focus on matters involving the more formal educational establishments such as kindergartens, schools and universities, these are illustrative only. The DDO's scope is broad and applies to all those individuals, groups and organisations involved in education, training or instruction. Readers are therefore encouraged to interpret the examples given into their own particular settings. In order to gain a more detailed understanding of the obligations that those involved in educational services have in eliminating disability discrimination; reference should in all instances be made to the DDO.

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General Liability

The DDO aims to eliminate discrimination against disabled people, including that which may occur in education. All members of the community are required to interact with disabled people in a manner which is outlined in the DDO and this applies to all those involved in education services, such as sponsoring bodies, teachers, support staff, students and their parents.

According to the DDO, an unlawful act of discrimination done by a person in the course of his or her employment may render both that person and their employer liable. That is, sponsoring bodies and those employing staff of educational establishments, and others organising education services, may be legally responsible for discriminatory actions of their employees done in the course of their employment, whether or not these were done with the employer's knowledge or approval (see Section 48 of the DDO).

Those who offer any form of educational services, such as sponsors of educational establishments and those who work in them, are therefore advised to take all reasonable and practicable steps to ensure that all their policies and practices are consistent with those specified in the DDO.

This Code can be used as a guide for those providing education, training or instruction, as to what steps are reasonably practicable for them to take in order to prevent them and their employees from committing unlawful acts. Where this Code offers specific guidelines to service providers such as sponsoring bodies, supervisors, principals, head teachers, teachers, support personnel and others, and they follow such advice, the fact they did so will assist an inquiry determine whether they have taken reasonable practicable steps to eliminate discrimination (see Section 48 (3) of the DDO).

Failure by a person to observe any of the recommendations made in this Code does not automatically render them liable in any proceedings under the DDO. However, if an organisation or person is alleged to have committed an act of disability discrimination of any kind, the failure to implement recommendations made in this Code could be used as evidence in a court of law(see Section 65 (13) of the DDO). This applies to both the employees of educational institutions and their employers. When the EOC investigates an alleged discriminatory act or conducts a formal inquiry, it will also take compliance with this Code into account.

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What is Disability?

The DDO explains that disability includes a condition that presently exists, previously existed but no longer exists, may exist in the future or is imputed to a person. It defines disability relating to individuals as including:

total or partial loss of the person's bodily or mental functions;
total or partial loss of a part of the person's body;
the presence in the body of organisms causing disease or illness;
the presence in the body of organisms capable of causing disease or illness;
the malfunction, malformation or disfigurement of a part of the person's body;
a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
a disorder, illness or disease that affects a person's thought processes, perception of reality, motions or judgement or that results in disturbed behaviour (see Section 2 (1) of the DDO).

The provisions of the DDO therefore apply to a wide range of people, including those who have traditionally been categorised by terms such as mentally handicapped, autistic, hearing impaired, visually impaired, physically handicapped, mentally ill, chronically ill and maladjusted. It also includes those with HIV.

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What is Disability Discrimination?

The DDO makes various acts relating to disabled people unlawful, including direct discrimination, indirect discrimination, harassment, vilification and victimisation. It is unlawful for an individual to discriminate against a disabled person in any of these ways, or to instruct, induce, threaten or knowingly aid others to do (see Section 44, 45 & 49 of the DDO). Educational establishments have a duty under the DDO to ensure that they and their employees do not discriminate in any way against any of their community who are disabled - including students, staff and visitors. Various types of unlawful disability discrimination described in the DDO are explained below:

Direct Discrimination

Direct discrimination occurs when, because of his or her disability, a disabled person is treated less favourably than someone without a disability (see Section 6 (a) of the DDO). Examples of direct discrimination could include:

• A student is refused admission to a school because of her disability.
• A school refuses to let students participate in a school camp because they are in wheelchairs.
• A student is denied enrolment in a tertiary physical education course on the grounds of his disability.
• Disabled students who expect to drive cars to class are denied enrolment at a university because it has no provision for disabled parking in its car park.
• A student is denied admission to a secondary school because his classes are on the third floor, and the management refuses him access to the lift which has been traditionally reserved for staff use only.
• A maladjusted student is expelled from a school because his behaviour is considered unsuitable for the school's image.

Indirect Discrimination

Indirect discrimination occurs when the same requirements are applied to all persons, but this nevertheless results in discriminatory outcomes (see Section 6 (b) of the DDO). This means that in some circumstances it is unlawful to treat everyone - that is, disabled and non-disabled people - the same way. Examples of indirect discrimination could include:

• A student with a disability that causes him to write slowly is denied an extra time allowance to complete an examination.
• All students, including those with a physical disability, are required to run 100 metres in 20 seconds in order to pass Physical Education.
• A student with a severe visual disability is given exactly the same textbooks to read as everyone else, without any supporting arrangements.

Harassment

Harassment occurs when unwelcome conduct is directed at a person in relation to their disability in circumstances where a reasonable person would have anticipated that the person would be offended, humiliated or intimidated. Examples of harassment could include:

• Someone ridicules a disabled person in the playground by making crude gestures which mimics their disability.
• During class time a student repeatedly teases and uses disparaging language to make fun of a classmate's squint eye condition.

Vilification

Vilification occurs when a person incites public hatred, serious contempt, or serious ridicule of disabled people. Examples of vilification could include:

• A group of parents say that they do not want students with a disability in their school and seriously ridicule them during a public meeting.
• A person loudly ridicules a disabled person in front of everyone when she enters the canteen.

Victimisation

Victimisation occurs when a someone treats a person less favourably because they have lodged a complaint about disability discrimination, or given evidence or information in any related inquiry. Examples of victimisation could include:

• A lecturer refuses to write a reference for a student because she has made a complaint against him under the DDO.
• A student who gives information against his teacher in a case involving alleged discrimination under the terms of the DDO, is subsequently treated unfavourably by that teacher because of their involvement.
• A person who makes a complaint about his supervisor's discriminatory behaviour is subsequently treated unfairly by the supervisor in retaliation.

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Reasonable Accommodation

Educational establishments and others offering training or instruction are expected to take all practicable steps to eliminate any form of disability discrimination, including those described above, and to make all reasonable efforts to accommodate the particular needs of students, staff and visitors who are disabled.

For many disabled people a major barrier to equal opportunities and participation in education is not the disability itself, but certain existing features of an educational establishment's environment, or the manner in which its programs are organised. For example, some disabled people may find there are physical barriers which make it difficult for them to move around the campus or between classes, or which prevent them from using certain equipment and facilities that are available to others. Some disabled people may lack ready access to information because of the way it is communicated, and some may lack equal opportunities because of factors such as discriminatory admission practices, rigid time-tabling and traditional teaching methods which are not flexible enough to accommodate a range of student needs. Some barriers exist in people's minds, such as unwarranted fears of disabled people, stereotyping and misconceptions about what they can learn and achieve.

Barriers can often be easily removed to facilitate the participation of disabled people. At other times financial costs might be incurred. Making adjustments to existing arrangements in order to ensure equality of educational opportunity for disabled people is referred to by the DDO as making reasonable accommodation.

Education providers are encouraged to involve disabled people themselves in identifying the types of reasonable accommodation required by them in order to have equal opportunity to the education, training or instruction they desire. Disabled people quite often have a very good understanding of accommodation needed to make services they require more accessible. If the disabled person is too young to assist meaningfully in this process, the required advice can be sought from their parents and family.

The following are examples of ways in which reasonable accommodation might be implemented:

• A staff training program is rescheduled from a room inaccessible to participants in a wheelchair, to a place which is readily accessible by lift.
• A university pays a student to take lecture notes for sharing with a classmate who cannot write.
• A kindergarten installs ramps which effectively by-pass stairs to allow access to disabled people unable to use steps.
• An assistant is assigned by a school to support a disabled student with a severe disability which restricts their mobility in getting from room to room as well as note-taking, feeding and toileting skills.

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Unjustifiable Hardship

Those providing education, training or instruction are required to admit and facilitate the learning of disabled students to their programs by making reasonable accommodation to their arrangements unless it can be shown that doing so would impose an unjustifiable hardship on the provider. The burden of proof in showing unjustifiable hardship rests with the provider, such as the educational establishment or sponsoring body. In determining what constitutes an unjustifiable hardship, the DDO indicates that all relevant circumstances of a particular case are to be taken into account, including:

• the reasonableness of any accommodation to be made available to a person with disability;
• the nature of the benefit or detriment likely to accrue or be suffered by any persons concerned;
• the effect of the disability on others concerned; and
• the financial circumstances of and the estimated amount of expenditure (including recurrent expenditure) required to be made by the person claiming unjustifiable hardship (see Section 4 of DDO).

Those offering education, training or instruction cannot avoid their responsibilities under the DDO by merely claiming hardship in responding to the needs of disabled people. In order for a claim to be valid, the hardship has to be proved to be of an unreasonable degree. The onus is always on the education provider to prove any claimed unjustifiable hardship. In a number of court cases in overseas countries in which legislation also makes use of the concept of unjustifiable hardship, educational establishments have often been instructed to admit disabled students even when this has involved much increased effort and considerable financial cost. Educational establishments are encouraged to fulfil the intentions of the DDO by endeavouring to their utmost to meet the needs of disabled people through a process of making reasonable accommodations to their existing programs and facilities.

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Recommendations for Good Practice

Education providers are encouraged not to confuse disability with deficiency, but view it as part of the diversity ordinarily represented in the community. Evidence suggests that educational establishments are more likely to be successful in achieving equal opportunities for disabled students if their programs exhibit certain characteristics. These include:

• The establishment's leadership (for example its sponsoring body, director, principal or head teacher) is fully informed about equal opportunities and is willing to make a commitment to them;
• Lines of communication between management, staff, parents and students are open;
• Planning and decision-making processes are clear and collaborative in nature;
• All aspects of the curriculum, including its content and assessment procedures are carefully planned and are able to be readily adapted to meet individual needs; and
• Teaching methods are flexible and child-centred.

Those involved in the development of education; training or instruction programs are encouraged to consider the needs of disabled people as part of the planning process. For example, when educational establishments make periodical changes to their curriculum, buildings, services and facilities, they are advised to always reflect on the needs of disabled people. It is often cheaper and more efficient to build in changes before they are actually needed. If a review is being made to a school's admission procedures or curriculum arrangements, it is recommended that consideration of the needs of disabled students be made part of the process. Similarly, if alterations are being made to a toilet, it might be cheaper to have it done so that it is also accessible to disabled students rather than have to convert it at a later stage.

Providers of education, training and instruction are encouraged to use the following recommendations to good practice as a means of ensuring equal opportunities for disabled people on their campuses. Although much of the terminology and examples used below are drawn from formal education settings such as kindergartens, schools and universities, those offering education in other types of settings, such as in staff training programs, are encouraged to apply the principles and ideas described to their own settings. At all times the DDO should be referred to in order to clarify the full scope of obligations educational establishments and other education providers have to disabled people.

Educational establishments should take steps to ensure that their stated policies on equal opportunities for disabled people become every-day practice and made known to all staff, students, parents and the wider community. It is also recommended that these policies be periodically reviewed in consultation with appropriate groups, such as the School Council, the School-Based Management Board, Parent-Teacher Association, disabled students and their parents.

Student Admission

A major barrier for many disabled people wishing to pursue education, training or instruction occurs when they seek to enrol. Admission barriers for disabled people can occur at all levels of education - at formal institutions from kindergarten to university, as well as less formal training courses such as those organised for staff training.

Subject to the provisions relating to unjustifiable hardship, the DDO makes it unlawful for an educational establishment and others offering training or instruction, to discriminate against a person with a disability by refusing to accept their application for admission as a student, or to set terms or conditions on which it is prepared to admit disabled students. It is also unlawful to deny disabled students access to any benefit, service or facility provided by an educational establishment, or to expel a student or subject him or her to any other disadvantage because of their disability (see Section 24 of the DDO).

Educational establishments and the like are encouraged to ensure that their admission procedures do not discriminate against disabled people and do not make assumptions about what a disabled person can or cannot do. In this way admission procedures can avoid stereotyping and ensure mechanisms are in place which allow all applicants, including the disabled, to display their level of attainment, suitability and competence.

However the DDO cites a number of instances where acts to deny a disabled student admission to an educational establishment are not discriminatory. For example, it is not considered discriminatory to refuse admission to a disabled student if it can be shown that to do so would impose an unjustifiable hardship on the educational establishment concerned. Similarly, it may not be unlawful to refuse to admit a disabled person in circumstances where:

(a) the prospective educational establishment was set up wholly or primarily for students who have a particular disability, and where the applicant does not have that particular disability.

• For example, it may not be discriminatory of a school established primarily to meet the needs of deaf students if it refused to admit a student who had a physical disability, but was not deaf.

(b) when admitted, the disabled person would require services or facilities that are not required by students who do not have a disability, and the provision of which would impose unjustifiable hardship on the educational establishment.

• For example, a university might claim that the provision of a signing interpreter for a prospective deaf student would imposes an unjustifiable hardship on them. The concept of unjustifiable hardship is explained earlier in this Code.

(c) the disabled person is not reasonably capable of performing the actions or activities reasonably required by the educational establishment in relation to the students at that educational establishment. For example:

• a ballet school refuses admission of a student with a severe physical disability on the grounds that he cannot acquire the necessary skills of movement.

• disabled students are denied entry into a course for Advanced Word-processing Skills if they have no prior word-processing experience.

When selection processes are part of the admission process, these should be on the basis of consistent selection criteria.

Consistent Selection Criteria and Admission Processes

In order to be fair and objective, those groups offering education, training or instruction are encouraged to ensure that selection processes involving students are free from disability discrimination. This applies to processes such as student admission and expulsion.

Fairness and objectivity can be achieved by using consistent selection criteria (CSC) as a means of making selection decisions. The adoption of a CSC mechanism is not only good management practice, but is also a means to minimise unconscious bias about disabled people. CSC is best established before selection processes begin, and should focus on the relevant and specific requirements considered necessary for selection. These might include factors such as educational level, experience, demonstrated competence, motivation and knowledge.

Educational establishments are encouraged to ensure that their advertising for students and related interview processes do not discriminate against disabled people. Advertisements, application forms and interview processes should carefully reflect predetermined CSC so that each individual can be assessed according to his or her suitability, rather than measured against irrelevant and distracting considerations.

The DDO makes it unlawful for educational establishments to request medical information from applicants, such as by completing forms, for the purpose of discriminating against them on the basis of their disability. It is also unlawful to require disabled people to provide medical information when those without a disability are not required to do so. However it is not unlawful to seek information which is necessary to determine whether applicants are suitable to undertake the course applied for, or how an educational establishment can provide services or facilities to support a disabled student's studies.

It is advisable to refrain from requesting photographs as part of the application process, as this might indicate a bias against some forms of disability.

If personal interviews are part of the selection process, pre-planning consistent with CSC is recommended to make sure that they are fair and allow all applicants to show their competence. For example, appropriate facilities such as signing services should be available when indicated. It is important that personnel handling applications and conducting interviews are trained to have a thorough knowledge of their obligations under the DDO, how to avoid acts of discrimination and how reasonable accommodations can be implemented to meet the needs of disabled students.

Subject to being able to prove unjustifiable hardship, it is unlawful to discriminate against disabled people by refusing to allow them access to, or the use of, any premises, such as educational establishments, that the public or a section of the public is allowed to enter or use. This is the case whether the access or use is for payment or not. It is also unlawful to set discriminatory conditions or means for disabled people to access premises, or to require disabled people to leave premises or cease using related facilities that other members of the public are entitled to use (see Section 25 of the DDO).

The following are examples relating to access which may be unlawful:

• A university refuses to let a student in a wheelchair enroll in a particular subject because the lectures are scheduled to be held in a room which is inaccessible to wheelchairs.
• The supervisor of a school canteen asks a disabled student to leave because his wheelchair is taking up too much space.
• A disabled student at a kindergarten is denied hostel accommodation on the grounds that there are no toilets installed suitable for her use

Educational establishments are encouraged to ensure that staff, students and visitors with disabilities enjoy access to those parts of its premises that others have.

Access to Goods, Services and Facilities

Unless unjustifiable hardship can be shown, the DDO makes it unlawful, whether for payment or not, to withhold goods, services or facilities to a person on the basis that they are disabled. It is also unlawful to set discriminatory conditions or means for disabled people to access goods, services and facilities. For example, this means that disabled students should not be denied access to therapy services that they need.

Educational establishments are advised to make all reasonable efforts to ensure that its goods, services and facilities are made available to all, including those with disabilities. In this way all students can be involved in the learning, recreational and social activities offered, including those sometimes referred to as extra-curricula, and no students are excluded because of their disability. This may include access to the following for everyone:

• Access to and use of any place made available to others;
• After-school activities, such as clubs, sports, …
• Public examinations;
• Camping trips;
• Educational visits and excursions;
• Outings for recreation or entertainment; and,
• Facilities for transport or travel.

After School Activities

Subject to proving unjustifiable hardship, the DDO makes it unlawful for an educational establishment to discriminate against a disabled student by limiting their access to any service, benefit, service or facility because of their disability. This also applies to after school services normally provided by a school. It is therefore recommended that after school activities such as camping trips, educational excursions and visits, interest groups and outings provided by educational establishments should be organised in such a way as to ensure the full involvement of students with disabilities. This may sometimes mean making reasonable accommodation to goods, services and facilities so that disabled students can have equal opportunity to participate in the full curriculum program offered to others.

Examples of reasonable accommodations that can be made to facilitate the equal opportunities of disabled students in after school activities include:

• A school encourages the participation of a disabled student in their annual camp by arranging for the boy's grandmother to join the activity and be available to give particular help to the child.
• Games and activities in an after school physical education program are designed by the supervising teachers to include and meet the needs of disabled students.
• A class outing to view a play is organised so that disabled students can attend with their classmates by arranging appropriate transport and accommodation at the performance.

Curriculum

In order to accommodate the learning needs of disabled students, it is often necessary that educational establishments make alterations to the way its curriculum has traditionally been presented. This is to ensure that disabled students have access to the same mainstream curriculum that others have. The nature of the accommodation to be made commonly varies from student to student, depending on the precise nature of their needs. In order to determine what changes need to be made to meet particular needs, educational establishments are encouraged to involve the disabled students concerned, or if they are too young or unable to contribute, to consult their parents and family members.

Changes required may sometimes involve altering physical structures to allow access, or varying the way teaching material is presented or made accessible. The following examples illustrate accommodations which could be made to promote curriculum access for disabled students:

• A number of seats are removed from a lecture hall in order to create a space to accommodate a student in a wheelchair;
• An assistant is employed by a kindergarten to help a disabled student with toileting, feeding and mobility needs.
• A signing interpreter is made available for a deaf student who cannot hear lessons;
• A student with a mild visual impairment is assigned a seat at the front of the class so that the chalkboard is seen more easily;
• A desk holding computer equipment is raised to allow a student in a wheelchair access to the computer equipment it holds; and,
• The mathematics syllabus is tailored to accommodate the needs of a disabled student with difficulties in mathematics.

Educational establishments are also encouraged to facilitate the ready access of disabled students to specialised services they may require, such as speech and occupational therapy. For planning purposes, these services may be considered as part of the usual curriculum offerings made to encourage equal opportunities for a broad student population.

Teaching Methods and Staff Development

Staff development and training for professional and non-professional staff is crucial to providing an environment of equal opportunities for all, particularly at points of admission, curriculum development and assessment, and in the acquisition of appropriate teaching methods. Educational establishments are encouraged to support the professional development of teaching staff as the diversity of their classrooms increase. As the enrolment of disabled students increases, so will the need for teacher training programs. In particular, teachers will need to be able to understand their obligations under the DDO and be able to call on a number of strategies which have been found to be effective in meeting the needs of a broad range of needs in the classroom. These include the development of school-wide systems which promote and support a co-ordinated and team-orientated approach, as well as specific classroom teaching methods which meet the needs of a wide range of students.

Strategies which help meet these objectives include:

• Whole school approach. This includes an increased emphasis on the role of Subject panellists, and the implementation of management structures which promote a planned approach to teaching involving team work, co-ordination and the sharing of ideas which support classroom teaching.
• A child centred approach to teaching which involves the ability to individualise instruction through a process of curriculum tailoring to meet particular needs.
• Classroom teaching approaches such as co-operative learning, peer tutoring and co-teaching.

It is recommended that staff training be implemented which aims at ensuring that teaching staff and others are familiar with their obligations under the DDO. In particular, those involved in admission and selection process will need training in the use of consistent selection criteria, and teaching staff will need training in methods of instruction which accommodate student differences. For example, teachers will need assistance in how to design and implement strategies which focus on inclusion and participation with their peers, rather than on special or separate activities for disabled students which segregate and label.

Assessment

Educational establishments are reminded that the assessment process and its outcomes have not always been a happy experience for disabled people and their families. Similarly, some forms of assessment are contentious, particularly if they lead to decisions which seriously impinge on a person's later life. Educational establishments are encouraged to view assessment [including class tests and formal examinations] not as an end in itself, but rather as an opportunity to guide teaching methods and accommodations to promote more effective individualised instruction for all students - including those with disabilities. Ongoing quality formative and summative assessments provide a means for all staff and students to reflect on each student's level of learning and specific needs for maximising their learning.

Assessment is an integral part of the teaching and learning process and is a useful tool for teachers to gauge the effectiveness of their teaching. It also provides a useful source of feedback to indicate appropriate ways teachers might adjust their instruction in order to meet the individual learning needs of their students. The process of making adjustments to a disabled student's program as a result of any assessment should involve the student concerned, as well as their parents.

The DDO provides that disabled students should have access to the conduct of public examinations. These and other forms of assessment should be designed in such a way that disabled students can display their competence. This will involve ensuring that any needs of disabled students are determined before the assessment is undertaken, and subsequently provided for. Disabled students themselves, and their parents, are often good sources of information as to how an assessment procedure can be modified to meet their needs. Educational establishments are therefore encouraged to always involve the disabled students themselves, or their families, in designing appropriate assessment mechanisms. Examples of assistance that promotes equal opportunity for disabled students in the assessment process include:

• A disabled student who has difficulty writing is given extra time to complete a written examination.
• A visually impaired student is given an examination paper which has been produced in a magnified form.
• A hearing impaired student sits at the front of a class during dictation tests.
• A student who cannot physically write is allocated a scribe.
• Braille facilities are organised for a blind student taking an examination.

When exploring ways to ensure disabled students can have meaningful access to the curriculum, educational establishments are encouraged to explore options provided by modern technology. This includes both hardware and software. Care must taken to match the learning needs of particular students with the technology to be used before its actual implementation. The students themselves should be involved in determining what technology is useful. Furthermore, technology should be used to reinforce teacher instruction, not replace it. For example:

• Students wearing some types of hearing instruments may be assisted if teachers use a compatible FM microphone while teaching.
• Photocopiers with a facility to magnify print can be used to provide visually impaired students with enlarged copies of notes, work sheets and examination papers.
• Carefully chosen computer packages can offer individualised instruction or repetitive drills which back up teacher instruction.

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Roles and Responsibilities

All those involved in education have an important role to play in ensuring that disabled people have equal opportunities to a quality education. The following suggestions are made for those in more formal education settings such as schools, but similar roles should be developed within all organisations and groups offering education, instruction and training with the aim to eliminate all forms of disability discrimination. These roles are best developed not in isolation, but in a coordinated way which supports the work and roles of others in the educational team. When developing roles, policies and strategies to facilitate the equal opportunities of disabled students, educational establishments are encouraged to seek the advice and involvement of disabled students and their parents.

Responsible Bodies and Supervisors

The responsible bodies which serve in a supervisory capacity have the legal responsibilities for eliminating disability discrimination at their educational establishments and providing equal opportunities for disabled students in the process of their schooling. Responsible bodies are advised to ensure that they have widely available policy statements which are consistent with what is established within the DDO, and to provide appropriate training for all their employees.

Experience suggests that students often find the inclusion of disabled students in their classes easier to accommodate than their teachers do. This may be especially so when the students are young and able to grow up interacting with disabled peers in a natural manner. Adults are more likely to have been exposed to stereotypical beliefs about disabled people and thence more wary and less accepting. Sponsoring bodies might therefore encourage the admission of disabled students at an early age, such as kindergarten, and ensure that teaching staff are equipped with the skills to teach a broad range of students.

Heads and Principals

As school leaders, heads and principals play a critical role in implementing school policies relating to disability, and creating a supportive learning and social environment for all students. Research is clear that to ensure effective outcomes, the leader must be involved in sharing the vision of equal opportunities with all staffs, students and parents. Heads and principals can play a central role in creating a culture of valuing difference among staff and students, providing moral and instructional support for teachers to change any inappropriate classroom practice and to demonstrate strong leadership in pursuing equal opportunities for disabled students.

One way to instil such a culture is through organising and participating in comprehensive staff development programs that ensure all staff have the relevant skills and knowledge to challenge a broad range of students. At the same time heads and principals can ensure that parents of all students are included in an open and transparent way on matters related to the school's curriculum.

Teaching Staffs

As teachers are the team members who are in most frequent contact with disabled students, it is important that they have a sound knowledge of their obligations under the DDO and how this is reflected in their establishment's policies. Teachers are encouraged to work in a cooperative way with each other in planning their lessons, devising methods of assessment and discipline, tailoring the curriculum and developing effective strategies to cater for individual student differences. Staffs working collaboratively and closely in support of one another provide better teaching outcomes for a diverse range of students. Teaching staffs are encouraged to equip themselves with the professional knowledge of how to use different teaching methods and techniques such as peer tutoring, small group teaching, cooperative learning, using mixed ability groups, individualising instruction, tailoring the curriculum and whole school approaches.

The non-teaching staff of educational establishments has a duty to ensure that their interactions with disabled students and staff are consistent with the intentions of the DDO. It is important that all supporting staff and other professionals have the opportunity to contribute to the development of their establishment's policies relating to disabled people and to be clear in their role in its implementation. Similarly, it is important that non-teaching staff and other professionals are included as active participants in a coordinated and whole school approach to curriculum development and its delivery.

Students

Students should be encouraged to be supportive of each other and to develop positive attitudes about disability. Behaviour such as harassment should not be tolerated.

Parents

Parents of all students can be helpful to each other and be supportive of those parents who may have particular needs for understanding and assurance. Educational establishments are encouraged to view parents of disabled students as a valuable source of information to guide them in making any necessary accommodations to their programs and in matters such as tailoring the curriculum, teaching methods and discipline. Schools are encouraged to develop an open, two-way and constructive relationship with their parents and to ensure that they are kept fully informed about their children's academic and social progress, the results of any assessments and the strategies being implemented to overcome any difficulties.

Education personnel are also encouraged to involve parents of all students in formulating those aspects of their policies relating to equal opportunities.

Parents are encouraged to promote positive attitudes in their children regarding disability and to discourage behaviour such as teasing, ridicule or harassment.

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