Legal and ethical principles underpinning specialist teaching

An important part of this course will involve developing awareness of the legislation in operation which you will need to adhere to, as well as understanding ethical principles which underpin good practice as a professional working with vulnerable learners, such as those that have a Specific Learning Difficulty (dyslexia). Some of the key policy documentation which will support your practice include The Equality Act 2010 (Equality and Human Rights Commission, 2018), The SEND and Disability Code of Practice (Department for Education, 2015) and The Human Rights Act 1998 (Gov.uk, 2015). This part of the module will introduce each piece of legislation and will encourage you to reflect on your duties and the duties of others in providing an inclusive education.

The Equality Act 2010

The Equality Act 2010 sets out the characteristics that are legally protected by law such as age, disability, race, religion etc. This document replaces previous anti-discrimination laws with a single act. Anti-discrimination will be fundamental to your teaching, as it ensures all children are treated fairly and are able to access good quality education regardless of who they are. In order to develop your knowledge of how The Equality Act 2010 relates to educational settings, explore the following document by clicking on the link and complete the quiz below.

Equality Act 2010: guidance

Equality Act 2010 Quiz:

• What are the key protected characteristics presented in the The Equality Act 2010?
• One protected characteristic is disability. Could dyslexia be considered a disability, based on the definition provided in this legislation?
• According to The Equality Act 2010, what is a reasonable adjustment and how could this support a learner with dyslexia?

The SEND and disability Code of Practice (2015)

The SEND and Disability Code of Practice (2015) is statutory guidance for educational settings, which supports children and young persons who have a learning difficulty or disability. This Code of Practice (2015) follows on from legislation set out in the Children and Families Act 2014, and identifies educational settings’ duties and responsibilities when supporting individuals with special educational needs.

Click on the link below to access The SEND and Disability Code of Practice (2015). Read pages 91-110 of this document, which relate to the duties on schools:

The SEND and Disability Code of Practice (2015)

SEND and Disability Code of Practice task: to further assess your understanding of the SEND Code of Practice (2015) (pages 91-110), answer the following question:

Dyslexia may be considered a Special Educational Need or SEN. For children with SEN, educational settings would apply the Assess, Plan, Do, Review approach. How could this approach help a learner who has dyslexia?

The Human Rights Act 1998

The Human Rights Act 1998 sets out the rights that all human beings in the UK are entitled to, one of which is education. These rights apply to us all without discrimination, guarantee our freedom and ensure that we are treated with fairness and dignity. Watch the video below to further explore how The Human Rights Act 1998 came about and what it intends to promote.

To access The Human Rights Act 1998 document, click on the link below. Read the document and then complete the following task:

The Human Rights Act | Equality and Human Rights Commission (equalityhumanrights.com)

The Human Rights Act 1998 task: once you have explored this document, enhance your understanding of the importance of this Act by answering the key questions below:

1. Article 8 of the Act is the right to privacy. Explore this article and consider the following questions: should individuals have the right NOT to disclose that they have dyslexia? What are the challenges of this, for instance if dyslexia is not disclosed to an employer?
2. Article 14 of the Act is the prohibition of discrimination. What does indirect discrimination mean? How can teachers be sensitive to this in educational settings, when looking to protect vulnerable learners?

References

Department for Education (2015) Special educational needs and disability code of practice: 0 to 25 years. Available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/398815/SEND_Code_of_Practice_January_2015.pdf (Accessed: 24 May 2023).

Equality and Human Rights Commission (2018) The human rights act. Available at: https://www.equalityhumanrights.com/en/human-rights/human-rights-act (Accessed: 24 May 2023).

Gov.uk (2015) Equality act 2010: guidance. Available at: https://www.gov.uk/guidance/equality-act-2010-guidance (Accessed: 24 May 2023).