Does the DDA make it unlawful to fail to acknowledge that a student has a learning disability?
The definition of disability for the purposes of the DDA is: • Total or partial loss of the person’s bodily or mental functions;Total or partial loss of a part of the body;The presence in the body of organisms causing disease or illness;The presence in the body of organisms capable of causing disease or illness;The malfunction, malformation or disfigurement of a part of the person’s body;A disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or • A disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. Not every difficulty in learning will necessarily be regarded by the Commission or the courts as resulting from a “disorder or malfunction”. In particular, literacy problems and behavioural problems will not automatically be accepted as constituting or resulting from a disability. What evidence of disability may be reas