Legislative Background:

Equality

Schools have a duty to promote equality of opportunity for all students and staff, regardless of their gender, sexual orientation, race, religion or disability.

New Equality Regulations (September 07)

New Equality Regulations have been introduced to take account of new policy developments since 2003 which impact on schools as employers. These regulations are the Employment Equality (Sexual Orientation) (Religion or Belief) (Amendment) Regulations 2007. The new regulations were introduced to cover the gaps identified in relation to people who under new arrangements receive training at schools by which they are not employed — for example, people receiving initial teacher training in schools. 

The new regulations extend to these individuals the protection from discrimination conferred by the 2003 Employment Equality (Sexual Orientation) (Religion or Belief) Regulations.

Equality in the school workforce

Anti-discrimination legislation in force since December 2003 makes it unlawful to discriminate directly or indirectly, or harass or victimise anyone because of their actual or perceived sexual orientation. The regulations apply to all areas of employment, including recruitment, terms and conditions, promotions, transfers, training and dismissals.

Under the Disability Discrimination Act 1995 (DDA) employers, including LEAs and governing bodies, must not discriminate against disabled people applying for jobs, or against existing disabled staff. 

The Gender Equality Duty

The Gender Equality Duty came into force on 6 April 2007. All public authorities (including schools) must demonstrate that they are promoting equality for women and men and that they are eliminating sexual discrimination and harassment. They are also required to have a gender-equality scheme in place by the end of April 2007. The code of practice and other useful information like questions and answers are available on the Equal Opportunities Commission website. 

Religion

Discrimination on grounds of religion and belief: guidance for schools Part 2 of the Equality Act 2006: Discrimination on Grounds of Religion or Belief comes into force on 30 April 2007. The provisions of the Act make discrimination in the area of goods, facilities and services on grounds of religion or belief unlawful.

For schools this means admissions, benefits and services for pupils, and treatment of pupils. For local authorities the provisions extend to the exercise of their functions.

Teachers of Religious Education (RE) can play a crucial role in highlighting the issue of religious discrimination and promoting understanding and tolerance of different faiths, and the framework for Religious Education supports these goals. The national curriculum outlines a programme of study for RE which is complemented by information on the schemes of work for Religious Education for Key Stages 1 and 2 and Key Stage 3.

Sexual orientation and homophobia

Schools are ideally placed to teach pupils about sexual orientation and how to challenge homophobia, as they make a significant contribution to the development of values and attitudes in young children that are likely to be resistant to change in adulthood. Sex and relationship education (SRE) teaches young people to understand human sexuality and to respect the sexual orientation of others. The Department has produced Sex and Relationship Education Guidance for teachers, which explains how to approach issues such as sexual orientation with honesty and sensitivity and how to deal with pupils' questions and offer support.

Section 28, the common name for Section 2a of the Local Government Act 1986, which banned local authorities in England and Wales from 'promoting' homosexuality in schools, was repealed in 2003 and replaced by new guidance for schools on how to approach issues of sex and sexuality within the SRE framework. This guidance is explained in a downloadable factsheet. Tackling homophobic bullying is part of the Department's drive to tackle all forms of bullying, and is covered in depth in the schools' anti-bullying charter.

Race equality

Schools' race equality policies — from issues to outcomes is a concise guidance document which aims to help schools to fulfil their obligations under the Race Relations Act and implement their statutory Race Equality Policy. It outlines practical steps that schools can take to mainstream race equality within existing work to improve pupils' attainment and to build a school community with a positive ethos that reflects the wider community.

Disability

Schools have a responsibility to ensure that disabled pupils have access to education and that they and their carers are given appropriate support. 

To help to define whether someone has a disability, at least one of the following areas must be badly affected: mobility; manual dexterity; physical co-ordination; continence; ability to lift, carry or move everyday objects; speech, hearing or eyesight; memory or ability to concentrate, learn or understand; understanding of the risk of physical danger.

The Act (DDA) says that any treatment or correction should not be taken into account, including medical treatment or the use of a prosthesis or other aid (for example, a hearing aid). The only things which are taken into account are glasses or contact lenses.

Certain conditions are not considered impairments under the DDA: lifestyle choices such as tattoos and non-medical piercings; tendency to steal, set fires, and physical or sexual abuse of others; exhibitionism and voyeurism; hay-fever, if it doesn't aggravate the effects of an existing condition; addiction to or a dependency on alcohol, nicotine or any other substance, other than the substance being medically prescribed.

Educational institutions (EIs) including schools, may not discriminate against disabled people, whether pupils, students, other learners or staff and other employees. They must make reasonable adjustments to cater for disabled people so that all their services and facilities are accessible, and they have a duty to promote equality of opportunity in education and training. DfES, with its partners such as LEAs, Ofsted, LSC and ALI, has to ensure that EIs understand what they have to do and that the objectives are met.

The duty to make adjustments falls on the provider of the service, and it would be discriminatory if any cost fell on the disabled person. In schools extra help or equipment (auxiliary aids and services) are provided by the Local Education Authority following an assessment of the disabled person's needs. In FE and HE, financial support may be available via a Disabled Students Allowance (DSA) from the local authority, to pay for equipment, support workers etc.

The Disability Discrimination Act 2005 places a general duty on schools, who need to have due regard for the following when carrying out their functions:

This is also known as the Disability Equality Duty (DED) and applies to all disabled pupils, staff and those using services provided by schools.

The Disability Equality Duty (DED)

Monitoring

To meet the Disability Equality Duty, it is essential that aspects of school life are monitored to identify whether there is an adverse impact on children and young people with disabilities. The following should be monitored:

Achievement of pupils by disability

Disabled staff (including numbers, type of disability and satisfaction rates in staff surveys etc.)

The role of a school as a service provider

Schools have additional implications as a service provider to make their buildings accessible when they hire out rooms or parts of the building.

Contact with parents and carers

When providing newsletters and information for parents and carers, schools should make this information available in an accessible format so that parents or carers who may be, for example, visually impaired, can access the information.

Additionally, events for parents and carers such as open evenings, meetings with teachers, should be held in accessible parts of the building.

Hiring transport

School staff will need to be aware of Section 6 of the Act when hiring transport as it puts new duties on transport providers, including the bus and coach companies, and the taxi and private hire car trade. The requirement to provide accessible vehicles is extended to include these transport providers. Bus companies will not be able to refuse a job because, for example, it may take longer to pick up disabled students.

Election of parent governors

The election of parent governors will now be covered by the DDA 2005, and governors will need to ensure that the procedures for candidates to stand for election and for parents to vote for candidates are accessible to disabled people. However, the result of the election is not covered and disabled candidates will not be able to claim that they were not elected simply because they were disabled. Once a disabled parent governor is elected, the school governing body functions in relation to that parent are covered and the school must ensure that they can participate fully in school life.

Involvement and consultation

It is a requirement that disabled pupils, staff and those using school services should be involved in the production of the Disability Equality Scheme.

Examples of involvement…

Making things happen

In order to ensure that action is taken to meet the Disability Equality Duty, a school has to draw up an action plan to make things happen, which outlines how the requirements of the DDA 2005 will be met. This action plan should be shaped in consultation with disabled people as outlined in the previous section, and may include some of the good practice examples below.

Good practice examples

The following examples were gathered from Special Educational Needs Co-ordinators at Lambeth schools, and provide good practice suggestions on how disability equality can be promoted in a school environment.

Promoting equality of opportunity between disabled people and other people.

Increase awareness of the ways in which parents of disabled children and young people can help to support their learning, for example through workshops;

Ensuring that the talents of disabled pupils are represented accordingly through the Gifted and Talented Registers.

Eliminating discrimination that is unlawful under the DDA and harassment of disabled people that is related to their disability.

Monitor incidents of harassment and bullying of disabled pupils. Encourage pupils to report and take action against offenders.

If a number of incidents have been prevalent within a particular year group, use circle time, story time or assembly to investigate and address the issue with all pupils.

Promoting positive attitudes towards disabled people.

Use the school environment to promote positive attitudes to disability. Ensure that disability is represented in posters, collages, displays and learning materials.

Making things happen

Promoting positive attitudes towards disabled people (continued)

Celebrate and highlight key events such as the Paralympics, Deaf Awareness Week and Learning Disability Week.

At schools with specialist units, staff have successfully raised awareness about disability by going to talk to pupils from the mainstream school.

Encouraging participation in public life by disabled people.

Ensure that disabled pupils are represented and encouraged to participate in class assemblies, plays, events and on the school council.

Five Islands School Policy:

Aims and Values:

As a school, we are committed to ensuring equality of education and we believe in promoting equality of opportunity for all members of the school community. We value all people, regardless of gender, sexual orientation, race, religion, nationality, ethnicity, language, culture or religion. The achievement of all pupils will be monitored and we will use this data to raise standards and ensure inclusive teaching. We will make reasonable adjustments to make sure that the school environment is as accessible as possible. The Five Islands School is committed to helping all its pupils and staff to realise their full potential, in an environment that embraces diversity and is free from discrimination.

From Racial Equality Policy:

Background:

As the only school on the islands, we have a universal admissions policy. The small number of pupils and staff from ethnic minorities at the Five Islands School reflects the low representation of ethnic minority groups within the islands' community. It is all the more important to us, therefore, that the school teaches its pupils about the rich contribution that difference and diversity make to life in a multi-cultural society. Education plays a vital role in influencing young people, because the views on racial equality that they form as pupils will probably stay with them for the rest of their lives.

Outcomes:

1. Students - personal development, attainment and progress.

The aims of the Five Islands School are supported by the promotion of the welfare and academic achievement of all pupils. Pupils from all ethnic groups have high levels of attainment and rates of progress.

The school's small number of pupils from ethnic minorities mean that few conclusions can be drawn from short-term analysis of performance and progress by racial group. The school therefore tracks the attainment of individual pupils from ethnic minorities using SATs data from KS2 and KS3 assessments to measure progress against that expected for all pupils in the school up to the end of KS3, and information about progress in GCSE, GNVQ and other accredited courses at KS4.

The school monitors patterns and trends in this data, and develops strategies for tackling unjustifiable disparities in the progress of pupils from ethnic minorities.

Where concerns about the progress of pupils from ethnic minorities arise, the school seeks the most appropriate intervention in consultation with parents.

Teachers are alert to early signs of disaffection, or a drop in attainment or progress. When this happens, the senior management team are alerted and an intervention is put in place to ensure that progress is resumed, and attainment is at the level expected.

The school assesses pupils' need for support in English as an additional language, and contacts the Local Authority to seek the appropriate assistance. Individual planning for such pupils will focus on working with the pupil and his/her family to prioritise early acquisition of functional language skills to promote curricular and social access.

Guidance and Careers Education: staff challenge racism and stereotyping and promote racial equality in education, employment, training and career choice.

2. Curriculum, teaching and assessment

Racial equality and cultural diversity are valued, and racism and discrimination are challenged in all areas of the school's curriculum.

As part of the specific PSHE and National Curriculum Citizenship entitlement, all pupils have the opportunity to explore the questions of identity, race equality and racism, but the promotion of racial equality is the responsibility of all staff (support, administrative and teaching) in all school activities.

Assessment outcomes are used to identify the specific needs of ethnic minority pupils and inform policies, planning and the allocation of resources.

Curriculum planning takes into account the ethnicity, background, language needs and areas of interest of all pupils.

3. Attitudes and environment

The school recognises and values diversity. All have a sense of belonging. Clear procedures are in place to ensure that racial discrimination, racial harassment and racist incidents are dealt with promptly, firmly and consistently. The school will not tolerate racist attitudes among its pupils, staff or those who visit the school.

The School's Behaviour Management Policy and Anti-Bullying Strategy directly cover racial harassment and racist attitudes. Nevertheless, the school recognises that these often go unreported, and therefore closely monitors the attitudes and behaviour of all members of the school community towards pupils and staff from ethnic minorities, and also towards the wider community.

All staff are aware that a racist incident is any incident regarded as such by the victim or anyone else. Class teachers and form tutors report any incidents to the school's management immediately for appropriate action. The school fulfils its legal responsibility to make a written record of any racist incident and report it to the LEA.

The school is accredited by the British Council as an International School at the highest level. We are aware of the importance of encouraging our pupils to explore issues of diversity and racial equality both in our own community, the visiting community, and the world beyond the islands.

The school makes known its commitment to promoting racial equality and eliminating racial

discrimination and racist attitudes in the following ways:

The school's prospectus contains a clear statement about our commitment to promoting race equality, and the unacceptability of racist attitudes exhibited by either staff, pupils or parents.

Staff interactions with visitors make it clear that negative attitudes to racial equality are unacceptable and will not be tolerated by the school.

The Western Eye regularly states the school's commitment to racial equality and combating racism.

The Home School Contract underlines our commitment to promote equal opportunities and good race relations in all areas of school life.

4. Parents, governors and community partnership

Parents from all ethnic groups are actively involved in their children's learning and development. The school welcomes involvement from minority-ethnic communities and religious communities both locally and from beyond the islands. The school takes positive measures to support the parents of pupils from ethnic minorities.

At parent consultation evenings, teachers take the opportunity to make sure that there have been no incidents of racial discrimination or racial harassment that have not been reported in the school. If parents are concerned that their children are experiencing racial discrimination in school, action is taken and the parents are informed of the action taken in light of the information given.

If there is a change in the behaviour, progress or attainment of a pupil from an ethnic minority, parents are contacted for discussion and notified of intervention taken by the school.

The school's premises and facilities are equally available for use by all ethnic groups.

People from all ethnic groups are encouraged to become governors.

5. Admission, attendance, discipline and exclusion

The school has a universal admissions policy. Wherever available or appropriate, all newly arrived pupils have immediate access to a school place and to appropriate support. Pupil behaviour and attendance across the school is good, with no notable difference between ethnic

groups.

The school's procedures for disciplining pupils and managing pupil behaviour are fair and applied equally to all pupils, irrespective of ethnicity.

Where the behaviour of a pupil from any ethnic group becomes problematic and may lead to exclusion, the parents will be invited at an early stage to the school to discuss the issues, and a strategy for inclusion will be produced.

6. Staff recruitment and professional development

The school welcomes applications for posts advertised by the governors from all qualified teachers and non-teaching staff, irrespective of race, ethnicity, gender or sexuality.

Our recruitment and selection procedures follow good equal opportunities practice.

All posts are open to the widest possible pool of applicants.

The school monitors the composition of the staff by ethnicity, gender, seniority or grade, training and promotion.

Leadership and Management:

Our Race Equality Policy has been ratified and adopted by the school's governing body, and is implemented by the school's management team.

Governors are responsible for making sure the school complies with the Race Relations (amendment) Act 2000, and ensuring that the race equality policy and its procedures are followed.

The Head Teacher and SMT are responsible for:

Ensuring the race equality policy is readily available to governors, staff, pupils, parents and guardians;

Making sure the race equality policy and its procedures are followed;

Making sure all staff know their responsibilities and receive appropriate training and support;

Taking appropriate action in cases of racial harassment and racial discrimination.

All staff are responsible for:

Dealing with racist incidents, and being able to recognise and tackle racial bias and stereotyping; and

Promoting equal opportunities and good race relations through the curriculum and all aspects of school life, and avoiding discrimination.

Monitoring:

The SMT monitors the impact of its policy on pupils, parents and staff from different racial groups; in particular the impact on pupils' attainment and progress.

The SMT:

Monitors progress and attainment of individual pupils from ethnic minorities;

Collates this data and uses it to inform planning and decision-making;

Monitors the number of incidents with a racial element;

Monitors the effect of any PSHE or NC Citizenship module which has a focus on racial equality or tackling racial discrimination or racist attitudes;

Talks with parents of pupils from ethnic minorities to ensure they are happy with the workings of the school's policy;

Talks with pupils of all ethnic groups to ask them how they feel the policy is working;

Monitors applications for employment, training and progress of staff from ethnic minority groups and provides data on these to the LEA;

Talks with all members of staff about the workings of the policy.

Extract from SEN policy:

5. Admission and Inclusion

5.1 There is universal admission to all bases of The Five Islands School as it is the only school available on the Isles of Scilly. All teachers in the school are teachers of children with Special Educational Needs and SEN pupils' needs are met through our personalised learning model. The staff of the school are committed to identifying and providing for the needs of all children in a wholly inclusive environment.

5.2 The school operates an equal opportunities policy for children with special educational needs who are afforded the same rights as other children. This includes both those children with statements of special educational needs and those others with less significant problems.

5.3 All pupils work predominantly within their class regardless of their SEN. The curriculum is

differentiated to match their needs. They are included in all school activities unless a specific difficulty makes it impossible or unsafe for them to do so.

5.4 Every effort will be made to retain all pupils with SEN on the roll of the school and,

wherever possible, provision will be organised in collaboration with the LEA.

5.5 Planning is ongoing in order to make the school compliant with the requirements of the

Disability Discrimination Act (1995) and the subsequent Special Educational Needs and

Disability Act (2001). Although several of the school's bases pose difficulties in terms of

physical access, the school is determined that all reasonable measures are taken to

ensure that our pupils have full access to the physical environment, the curriculum and

written information as the act decrees.

7. Access to the Curriculum

7.1 The National Curriculum is made available to all pupils. Where pupils have special

educational needs a graduated response is adopted (see below).

7.2 The school adheres strongly to the belief that the staff best placed to identify and meet

the needs of pupils with SEN are those who work with them on a regular basis, as class teachers, form tutors and subject specialists.

“The key to meeting the needs of all children lies in the teacher's knowledge of each child's skills and abilities and the teacher's ability to match this knowledge to finding ways of providing appropriate access to the curriculum for every child.” (SEN Code of Practice - Revised 2001)

It is for this reason that we have moved away from the traditional SENCO model and responsibility for SEN is now devolved throughout the entire staff team.

7.3 The school makes provision for pupils with SEN to match the nature of their individual

needs and the class/subject teachers keep up-to-date records of pupils' special educational needs, current levels of attainment, the action taken and outcomes for the pupils they teach. Key Stage Leaders keep records of all pupils with SEN in their Key Stage, including standardised and diagnostic tests and reports from external agencies.

7.4 There are flexible groupings of pupils so that learning needs may be met in individual, small group or whole class contexts. The Assistant Headteachers work jointly to organise TA support at all bases.

7.5 The curriculum is differentiated to meet the needs of individual pupils. Teaching styles and flexible groups reflect this approach.

7.6 Schemes of work for pupils, within classes and year groups, reflect whole school approaches to teaching and learning and take account of special educational needs.

The Five Islands School Accessibility Strategy 2007 - 2010

Equality Policy:

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Last Reviewed: March 2007