[senit] accessiblity rights & responsibilities

David - sounds like you have looked at our 'Software accessibility: legal requirements for schools' http://schools.becta.org.uk/index.php?section=tl&catcode=ss_tl_inc_ac_03&rid=13343
But here's the Link just-in-case...

You're summary seems broadly accurate but obviously any specific case would require legal advice. The crux would usually be how to evaluate whether the supplier had or had not conformed to the accessibility level set and/or how this was quality assured, whether the level was 'reasonable' etc.
For a little more on specifics of procurement processes and accessibility look up BSI PAS78 which although it is targeted at the commissioning of Websites has much in common with other ICT procurement.

Adrian Higginbotham,
Manager, Leading edge research
Tel: Direct dial 024 7679 7333 - Becta switchboard 02476-416994
Email: Adrian.Higginbotham at becta.org.uk
Web: http://www.becta.org.uk/
BECTA, Millburn Hill Road, Science Park, Coventry, CV4 7JJ 

-----Original Message-----
From: senit-bounces at lists.becta.org.uk [mailto:senit-bounces at lists.becta.org.uk] On Behalf Of david fettes
Sent: 17 July 2008 22:36
To: senit at lists.becta.org.uk
Subject: [senit] accessiblity rights & responsibilities

Anyone know the legal aspects of accessiblity?
Does this sound ok to show an LA (in terms of their potential responsibilities) wrt ICT provision the school is asked to sign up to?

Legal Summary (DDA-SENDA, Education Act 1996- SEN legislation, Disability Equality Duty- Disability Equality Scheme, Public Contracts Regulations) Source; Becta -Making Accessible Software

1. The primary legal responsibility for avoiding unjustified discrimination against disabled people falls on educational institutions, not ICT suppliers.
2. Educational organisations should choose an appropriate level of accessibility before work is commissioned or procured.

In England  the ‘responsible body’ for a school will usually be the local authority or governing body for maintained schools If an accessibility evaluation finds evidence that an ICT resource specially commissioned by an educational organisation has failed to meet the specified accessibility standard, this would be seen as a breach of contract.

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