Disability Discrimination Ordinance - Essay Example

Disability Discrimination Ordinance Disability Discrimination Ordinance Introduction The society has persistently developed its appreciation and understanding of disability. In the past, people with disability were treated with disrespect. In contrast, the modern society emphasizes the need to respect people living with disabilities. The disability discrimination ordinance-cap 487 was passed to protect disabled individuals from any form of discrimination in the society (Mau, 2013). The education system needs to serve as a model illustrating how people living with disabilities are treated. Consequently, school administrators need to take deliberate measures to ensure that they not only create an enabling environment for disabled students and teachers to engage in the learning process but that they also provide an example for the society. The disability discrimination ordinance demonstrates that education providers should not unlawfully discriminate against any person with a disability. The ordinance covers all public and private learning institutions (Cap 487, 1997). Educators have a moral and ethical responsibility to give each person the opportunity to receive a good education (Ronalds & Raper, 2012). Consequently, a person with disability who meets all the admission requirements should be given an opportunity to learn like their physically able counterparts. A disability can be defined as a mental or physical impairment that limits the ability of an individual to participate fully in one or more activities in life. In addition, it involves a record of having impairment in the past. Moreover, it can be regarded as a condition that inhibits the ability of a person to perform all the activities expected of a normal person. Disabled students face many challenges. They are limited from enjoying their youth. In addition, they have to suffer from the limitations at a time when they are discovering new things about themselves and life. Relationship of the Ordinance to the School Administration The relationship between the ordinance and the school administration is clear. Firstly, the school has to ensure that it grants equal admission opportunities to disabled student. Each student must be judged based on his or her academic qualifications and not based on their physical fitness. In addition, they have to give all job seekers at the institution an equal opportunity (Cap 487, 1997). Hiring disabled teachers would provide a good example for the student population. The policies should encourage equal treatment. Disabled students and teachers should be allowed to participate in any activity as their peers. The promotion of teachers should not be based on their physical abilities. Furthermore, the disabled students should feel that the administration cares about their interests. Learning institution owes disabled teachers and students a duty of care (Ronalds & Raper, 2012). It is important for the society to understand the significant role that learning institutions play in promoting equal opportunities in the community. The process is integral in creating a society where disabled people are treated with respect. Educational institutions should be aware of their obligations to disabled students and teachers. It is necessary to ensure that their interactions with these students are based on fairness and equality. However, it is important for parents to remember that the school cannot be the primary solution of the challenges facing the disabled students. In addition, they must appreciate the fact that the school situation for the student would never be perfect. The school administrators have to deal with many regulations. Moreover, they are limited by the amount of funding received. As a result, parents and the students should resist the temptation to place expectations on schools. School administrators can only be a part of the solution. Items Related To the School Administration Section 4 has focused on the education sector. Sub sections 3, 4 and 5 highlight that it is illegal for a learning institution to discriminate against a person with disability in their admission process (Cap 487, 1997). In addition, it is clear that schools should not have policies that undermine the ability of disabled students to get into those learning institutions. In addition, a learning institution should not prevent disabled students from enjoying any service available to other students. A disabled student should not be affected unfairly by practices in the school (Ronalds & Raper, 2012). Expelling a student based on a disability will also amount to a violation of this ordinance. However, the discrimination of students based on the admission regulations does not apply when the institution turns away physically fit students because it was established to cater solely for the disabled. The observation is important because it safeguards the ability of disabled students to access education services. In some cases, institutions that cater for the disabled are the best option. The ordinance includes a subsection that appreciates the need to protect learning institutions from undue hardships. If the admission of a disabled student would force the institution to take measures that are not required for the other students, then it may be allowed to reject the admission proposal. The observation shows a willingness to accept that catering for the disabled students may be difficult. A disabled student should not receive special treatment. Number 5 shows that subsection 1 and 2 do not apply if the school will have to give the student special treatment in order to have them in the institution (Cap 487, 1997). Giving disabled students special treatment would undermine their dignity. In addition, it would be a form of discrimination because it will reflect a belief that they are not equal to the other students. In addition, disabled students should not participate in activities if they do not have the necessary skills and abilities. For example, a student who is forced to use a wheelchair should not participate in standard football competitions. The subsection demonstrates a willingness to appreciate the differences between disabled students and the other students. Embracing those differences is integral towards ensuring that they are treated fairly. The DDO code should serve as a guide for learning institutions. They should ensure that their policies are guided by these principles. Any investigation on discrimination claims should be dependent on failure to adhere to the code. The code is not only simple but also provides an effective approach to ensuring the rights of disabled students are protected. Similar Rules and Regulations In order to eliminate biased admissions in the country, the national government and other relevant institutions have made an effort to prohibit any reference to potential discriminatory instances. Although institutions can use any term in their admission procedures, they are required to ensure that they do not demonstrate intent to discriminate against a prospective student. The Equal Opportunities Commission (EOC) issued the code of practice on education. The code is regularly revised in order to enable school administrators to develop effective strategies that are in line with the DDO. In addition, the changes take into consideration developments in anti-discrimination law. Besides the disability discrimination ordinance, three other federal laws prohibit any form of mistreatment aimed at disabled students. One of them is section 504 of the Rehabilitation Act of 1973. The other one is the Americans with Disabilities Act (ADA). The last one is the Individuals with Disabilities in Education Act (IDEA). Section 504 makes it illegal for programs funded by the federal government to discriminate against people living with disabilities. Almost all schools in the country receive money from the government. As a result, they need to treat everyone with disabilities fairly. Moreover, the country has laws against discrimination during the employment process based on the physical conditions of a person Furthermore, school administrators should ensure that the students know where they can report discrimination incidents. If the school has a disability office, it can be instrumental in addressing all the issues and programs involving disabled students. However, few schools have this position. Consequently, a teacher should be assigned the responsibility of catering needs of the disabled students. The Implications for School Administration The regulations are important for school administrations because they shape their admission and employment policies. In addition, they guide the development of school infrastructure, activities and programs. They have to ensure that they respect these guidelines in order to avoid lawsuits. The disability discrimination ordinance represents an ethical and moral obligation towards the society. Besides the legal implications of failing to respect these guidelines, the school would be undermining its role in the society when it fails to create an environment of fairness and respect. Learning institutions must ensure that they respect the dignity of disabled students while giving them an opportunity to pursue education. How School Administrators Can Comply With the Ordinance Students with disabilities should be encouraged to take responsibility for their studies. The school should ensure that such students understand that they would all be treated equally. In addition, school administrators should remind teachers that they should treat all the students with respect. In some cases, it may be good to organize a seminar for the teachers to be educated about how they should treat disabled students. The approach will enable the students to accept who they are. In addition, it would ensure that an informed faculty that understands the challenges that they go through and is willing to help serves them. Furthermore, the other students should be reminded that the school does not tolerate discrimination of any form. Any student who discriminates against a colleague based on their disability or for any other reason should face tough disciplinary action. The practice would ensure that they serve as an example for the rest of the students. One of the main aims of education is to teach young people how to live with others in the society. The education process should aim at teaching fit and disabled students how to live with each other. Day schools should provide transport for student’s with disability. The move will facilitate their learning experience. Boarding schools should assign ground floor hostels to disabled students. All learning institutions with stairs should have a ramp for those students who use a wheelchair. In addition, a deliberate effort should be made to ensure that disabled students feel welcome and comfortable at the school. A special effort should be made to ensure that libraries are accessible to all students. Students with disability should participate in sports and other extracurricular activities. However, their condition should be monitored to determine their involvement in activities that undermine their health. In some instances, the school should allow carriers to accompany students to the school. The practice will ensure that the disabled students have all the resources that they need in order to have a fulfilling learning experience. Furthermore, education institutions can have an official who caters to the needs of disabled students. They should ensure that the concerns of the students are addressed in a prompt and effective manner. In addition, they can coordinate with local social service organizations to guarantee that the students get all the things that they need for them to have a normal life. The school should also communicate its situation with regard to the ability of its facilities to support disabled students. Students should be urged to take a tour around the school in order to determine if the structure is suited for their needs. In addition, they should be informed about the school practices with regard to disabled students. For instance, they should be informed at the beginning whether they would be required to have separate sports programs. The move ensures that the prospective students understand the things that they would receive in the school. In addition, school administrators should consult an attorney when creating school admission policies. They should also involve them when introducing new rules and regulations. The practice will enable them to get legal advice before they take a course of action that could violate the rights of disabled students. The admission policies should not contain any statement that implies that the institution would not accept disabled students. Furthermore, recruiters have to be taught to conduct the admission policies in an effective manner. The move would protect the institution. For instance, a recruiter may ask questions that do not have a material impact on the admission process. Such questions may make the student to feel like they are being discriminated against. Moreover, the disabled student’s school should participate in the formulation of rules, regulations and programs that affect their life in school. The move would ensure that they feel a sense of ownership for the new programs. For young students, their parents should be involved in the process. Their involvement may also provide useful insights that can be implemented towards developing a more effective approach to the problem. How to Limit Exposure to Legal Problems Many school administrators find themselves facing legal action due to ignorance. The presence of many regulations may make it difficult for them administrators to keep up with evolving changes in the society. In addition, most of the cases involve actions by members of their staff as opposed to the school administrators. However, they are responsible for creating an enabling environment for disabled students to have a fulfilling learning experience. School administrators can take the following steps to limit their exposure to legal problems. They should do a complete study of students in order to learn about their disability and needs. The practice is referred to as educational valuation. The approach would enable the school to understand the things that the child needs for them to have a fulfilling learning experience (Boyle and Scanlon, 2010). In addition, they should provide consistent support services to help meet those needs. In some cases, the disabled students may have to go through individualized academic and sports programs. Teachers can also ensure that each child receives all the necessary help needed in order to achieve their goals in school. It is necessary to integrate disabled students into regular classroom experiences except when doing so would inhibit the ability of the school to fulfill their needs. Moreover, a school administrator should make appropriate changes in the way the school runs its operations with regard to the needs of disabled students (Boyle and Scanlon, 2010). For instance, a student who has a lot of difficulty writing should receive a computer. Those who have difficulties taking notes should be allowed to use a tape recorder. In addition, a school administrator should ensure that they do not make assumptions about the learning ability of a disabled student. Assuming that a student with disability would have difficulty learning could expose the school to lawsuits. In addition, they should resist the temptation to give disabled students shorter school days or to reduce their course requirements. They should also ensure that no student is punished for behavior relating to their physical condition. For instance, it would be wrong to punish a student who questions the emotional treatment that they receive from a teacher. An administrator should ensure that they give disabled students an opportunity to participate in school sports and clubs. However, the students should be educated about the challenges that they would face. Some conditions do not inhibit the ability of a student to participate in physical activities. School administrators should ensure that they do not keep disabled students out of the classroom because of their disabilities because of stairs. The classes should be easily accessible. They can also create a ramp next to the stairs. Disabled students should not attend second-rate classroom. Administrators have a responsibility to ensure that they do not introduce anything that would make the education experience less fulfilling for a disabled student. A school can be held responsible if it mistreats a child with disability. Parents can sue a school if it acts in bad faith or makes a gross misjudgment in how it handles disabled students. In addition, if it deliberately shows indifference to the challenges that disabled students face. Any act or omission that undermines the dignity of a disabled student needs investigation. In addition, school administrators will have to take responsibility for creating or allowing an abusive learning environment to develop in their schools. Consequently, school administrators should endeavor to create an enabling environment for disabled students to have a fulfilling learning experience. Each school with a substantial population of disabled students should have a disability office. The disability officers should give each faculty member a toolbox. In addition, they should educate the teachers about the different types of disabilities so that they understand how they should treat them (Boyle and Scanlon, 2010). One of the most common causes of discrimination is a failure to understand the needs of the disabled person. The faculty members should also ensure that they understand the different types of services that they need. Disability offices can coordinate programs for disabled students and help them to respect all students with disabilities. The teachers should ensure that the make the students to feel like they care about them and the challenges that they need. Students should register at the disability office. In addition, if a school administrator is asked to provide a list of students based on discriminatory features such as their physical abilities, then he or she should decline. The move would be illegal because it would amount to discrimination. Although these practices are illegal, the need for diversity in colleges and organizations has caused a sharp increase in these kinds of requests. School administrators should seek the advice of the career center staff when they have to handle such requests. Conclusion The disability discrimination ordinance is an important part of the society. The ordinance encourages school administrators to protect the rights of the disabled. The practice is particularly important because the students will learn how to treat people living with disability. However, obeying the ordinance is not the fundamental concept in this situation. In contrast, having a genuine desire to treat the disabled members of the society in a fair manner is the most important thing. References Top of Form Boyle, J. R., & Scanlon, D. (2010). Methods and strategies for teaching students with mild disabilities: A case-based approach. Belmont, Calif: Wadsworth. Bottom of Form Cap 487. (1997). Disability Discrimination ordinance. Top of Form Mau, S. D. (2013). Hong Kong legal principles: Important topics for students and professionals. Hong Kong: Hong Kong University Press. Bottom of Form Ronalds, C., & Raper, E. (2012). Discrimination law and practice. Annandale, NSW: The Federation Press. Read More