The Pros And Cons Of Discrimination In Schools

it is unlawful for any education provider, including a private or independent provider, to discriminate between pupils on grounds of race, sex, disability, sexual orientation, gender reassignment, pregnancy and maternity, and religion or belief in admissions, access to benefits or services, exclusions, and in the employment of staff. There are some exceptions age so as to allow for the maintenance of faith schools and single-sex schools; some disabled pupils and pupils with a statement of “special educational needs” may be segregated in special schools, and schools may temporarily or permanently exclude pupils for disciplinary reasons.

Until October 2010, legal prohibitions of discrimination were found in a number of different laws enacted over many years.

indirect discrimination occurs when treating all pupils in the same way results in putting pupils with a protected characteristic at a disadvantage. It depends on the following conditions being met:

a provision, criterion or practice is applied equally to all relevant pupils, including those with a protected characteristic, and

the provision, criterion or practice puts pupils sharing a protected characteristic at a disadvantage compared to other relevant pupils, and

the provision, criterion, practice or rule puts the particular pupil concerned at a disadvantage, and

the school cannot demonstrate that the provision, criteria or practice is justified as a “proportionate means of achieving a legitimate aim”.

3. discrimination arising from disability occurs when a disabled pupil is treated unfavorably because of something related to his/her disability (as distinct from being because of the disability itself, which would be direct discrimination as above) and such treatment cannot be justified. The following conditions must be met:

the disabled pupil is treated in a way which puts him/her at a disadvantage

the treatment is connected with the pupil’s