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Special Educational Needs and Disability Act 2001
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28Disabled students not to be substantially disadvantaged
This section has no associated Explanatory Notes
In the 1995 Act, insert the following section—
“28TDisabled students not to be substantially disadvantaged
(1)The responsible body for an educational institution must take such steps as it is reasonable for it to have to take to ensure that—
(a)in relation to the arrangements it makes for determining admissions to the institution, disabled persons are not placed at a substantial disadvantage in comparison with persons who are not disabled; and
(b)in relation to student services provided for, or offered to, students by it, disabled students are not placed at a substantial disadvantage in comparison with students who are not disabled.
(2)In considering whether it is reasonable for it to have to take a particular step in order to comply with its duty under subsection (1), a responsible body must have regard to any relevant provisions of a code of practice issued under section 53A.
(3)Subsection (4) applies if a person has made a confidentiality request of which a responsible body is aware.
(4)In determining whether it is reasonable for the responsible body to have to take a particular step in relation to that person in order to comply with its duty under subsection (1), regard shall be had to the extent to which taking the step in question is consistent with compliance with that request.
(5)“Confidentiality request” means a request made by a disabled person, which asks for the nature, or asks for the existence, of his disability to be treated as confidential.
(6)This section imposes duties only for the purpose of determining whether a responsible body has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.”
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