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TX: 15.02.05 - Excluded from exams

PRESENTER: LIZ BARCLAY
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BARCLAY
When the Disability Discrimination Act was passed by Parliament in 1995 the idea was that as the provisions came into force over the next 10 years disabled people would find it easier to do the things that non-disabled people take for granted - go shopping, take the train, do exams. However, You and Yours has learned that the Joint Council for Qualifications - the umbrella organisation for school examining bodies - has interpreted the act rather differently. It has decided that some of the support that blind students get when they take their exams is unfair to other students.

Up until September blind students could have exam questions translated into Braille or if they were among the 95% of visually impaired people who can't read Braille, they could have a reader to read the questions to them. Since September Braille has been deemed okay but readers have been banned.

Sixteen-year-old Trahern Culver is taking GCSEs including French and English, he's been blind since birth, has cerebral palsy and a condition which means he hasn't been able to learn Braille. After Christmas he took his mock exams.

CULVER
Because I can't read Braille I have to have someone to read and write for me in the exams. How it's worked in the past with the previous GCSE candidates is that if they couldn't read they would have someone to read the papers for them. But now that can't happen. This means that I won't be able to understand the paper at all, I'll be flying blind in a sense. This piece of legislation not only flies in the face of the Disability Discrimination Act it also inconvenienced special needs schools and mainstream schools because it was changed halfway through the course with no consultation of any disablement agencies whatsoever, that includes charities, various government bodies and special needs schools. And it was also changed at a very bizarre time which was halfway through the course. It's an absolutely demoralising experience to know that the chances that you had have just gone. I won't get a chance really to get as good as grade as I would because I won't get a chance to show my understanding of the text and the paper. In my last English Literature exam I completely flipped out and I couldn't really do anything because I couldn't concentrate because I was too worried to concentrate.

BARCLAY
Trahern Culver.

Steve Haines, education policy officer for the Disability Rights Commission, gave me his reaction.

HAINES
I think the Joint Council for Qualifications have obviously created a lot of confusion and a great deal of disappointment too as he pointed out, by changing a policy overnight. It's really clear that policy changes of this scale shouldn't be made in this way and when they are made should be consulted with disability organisations.

BARCLAY
But the Joint Council sent us a statement and they say: In order that a uniform and understandable national system of assessment is maintained where skills are being assessed the assessment of those skills must be the same for each candidate. Don't they have a point?

HAINES
Well I don't think that any of these candidates are seeking an unfair advantage and certainly the DDA wouldn't be about trying to do this. It's very much asking for adjustments to be made in order for these candidates to have a level playing field with non-disabled candidates. So if the means of communication isn't allowing these candidates to reflect their knowledge skills and understanding I'd wonder why one system, such as the translation into Braille, would be allowed and the delivery in British Sign Language or being read wouldn't be allowed. I don't really think there's an evidence basis behind what they're saying here.

BARCLAY
But they have also said, again in their statement, that if the assessment criteria require that candidates are assessed on their ability to read a specific language then this part of the assessment can't be performed by someone else.

HAINES
I think there's quite a lot of confusion within the guidance that they've produced. On the one hand certain people could use Braille to access the tests but obviously in this case not to have it read to them. I don't think there's really an evidence base behind why they're making these decisions and we'd like to see that evidence and to find where some adjustments will impact on the integrity of the assessment and others will not.

BARCLAY
So why then do you think all of this confusion has arisen?

HAINES
This is obviously where a policy change has been made overnight, I don't think it's been made consulting with disabled people and I don't think that an effective impact assessment has been made of what these policy changes might mean.

BARCLAY
But can't you see though why the Joint Council has taken this line? They are trying to make a level playing field for everyone and that's what you want too is it not?

HAINES
I think that where you've got certain people who are really doomed to failure even before they enter the exam hall that you can't really say this is a level playing field. We do want to have an exam system that really is inclusive and works with all the people who are being entered for it. Certainly we'd want a level playing field that was actually a level playing field and not one that disallowed certain candidates even be it to be able to access the paper in the first place.

BARCLAY
What do you think the way forward is then?

HAINES
We'd really like to work with the Joint Council and we have before and we'd like to continue that work, to really go back and examine the exam system itself and make sure that it's one which is fully inclusive and that can really reflect the skills and understanding of those candidates for the exams.

BARCLAY
Steve Haines from the Disability Rights Commission.

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