The Act requires schools to make “reasonable adjustments” to admission arrangements to ensure that disabled pupils are not placed at a “substantial” disadvantage. It is now also unlawful to refuse to take a disabled pupil on an educational visit solely because of the difficulties this would pose for the supervising staff.

But discrimination would probably be justified where schools have really tried to make “reasonable adjustments” to buildings but have still not made them entirely accessible. Account must be taken of the school’s finances, the practicability of particular steps, and the interests of other pupils.

Heads and governing bodies have until April 2003 to draw up plans which will not only make their schools more accessible but make it easier for disabled pupils to participate in the curriculum. These plans, which are subject to inspection, have to be in writing, must be affordable, and should cover a three-year period. Schools that do not make “reasonable adjustments”, without justification, may be taken to the Special Educational Needs and Disability Tribunal by a parent. This tribunal can declare that the pupil has been discriminated against, and can make any order it considers reasonable. If a school fails to comply, parents can apply to the Secretary of State to direct it to do so.

Although the legislation does not call for a school policy on access it makes sense for schools to produce policies, or action plans, now rather than be caught out later. The Code of Practice for Schools issued by the Disability Rights Commission offers invaluable guidance and several examples of reasonable practice.

Refer to: Disability Discrimination Act 1995; Special Educational Needs and Disability Act 2001; Code of Practice for Schools (Disability Rights Commission www.drc-gb.orgdrcdocumentsschoolscop2.doc) Chris Lowe is editor of Croners School Governors’ Manual