Consensus Paper

Education Reform Commission

1. Terms of Reference
   1. To takes into account the lived experience of persons with disabilities, by developing a system from the standpoint of persons with disabilities and exploring how disability can contribute to knowledge creation in a way that benefits both disabled and non-disabled persons.
   2. fosters the principles of non-discrimination, appreciation of diversity and tolerance;
   3. Enhances accessibility and flexibility. Allowing for different learning styles and content that makes the curriculum relevant to learners and society.
2. Curriculum development, which involves:
   1. Reviewing the existing curriculum and adopting a methodology for the same. The existing curriculum and texts may be critiqued for:
      • discriminatory language, ideas, and doctrine;
      • omission of issues of importance to individuals with disabilities;
      • failure to consider the perspective of individuals with disabilities;
      • signs of "disability consciousness," that is, an ideology of subordination of individuals with disabilities
      • Existing assumptions which run contrary to disability ideology/experience of persons with disability
   2. Providing for an inclusive curriculum should take into consideration:
      • Inclusion of issues significant to persons with disability in the curriculum
      • Revamping those parts of the existing course, which may appear disability-neutral, but render disability experience invisible, or might be implemented/ understood differently if disability is taken into account
      • Bringing the context of disability experience
   3. Looking at a wider ambit by including the review of courses, curricula, and pedagogic methods, therefore, also developing and encouraging the use of new methods and ways of learning and teaching.
3. Periodic review of the curriculum
4. Simultaneously providing support mechanisms for implementation. This may include:
   1. Education of teaching and non-teaching staff, which includes:
      1. Training with respect to addressing student performances, support mechanisms, assessment procedures; familiarizing with the new curricula
      2. Providing for pre-service and in-service teacher education programmes and realigning them in view of the above
   2. Revising existing textbooks and teaching materials
5. Formulation of programmes for the implementation of these; advise on policy making
   1. All education policies to be based on the revised definitions of inclusive education and curriculum
   2. Policy to be made on the basis that inclusion is a rights issue
6. Involve the participation of various actors in the process of curriculum development, especially students and persons with disability. Participation should be at all levels: formulation, implementation and monitoring.

   Developing ways to measure the impact of inclusive curriculum, and monitoring the progress made

7. Harnessing new information and communication technologies, which may help in knowledge dissemination, effective learning and development of efficient education services; and combining them with more traditional technologies.

Employment Work Occupation

This chapter like the one on education has been heavily informed by the experience of PWDA Employment chapter. A number of decisions taken by the sub-group are informed by that experience. Other than the PWDA, the sub-group was greatly aware of the shrinking public sector and the need to expand avenues of economic empowerment be it by opening the doors of the private sector; or by promoting entrepreneurship and skill development. The need to address the livelihood entitlements of people in the rural area was also voiced. Even as the reality of shrinking employment in the public sector was acknowledged, the necessity of programs of affirmative action most especially reservations was undisputed. Whether these reservations should also extend to promotion was an issue on which no consensus could be reached in the sub-group and the matter has been referred to the committee.

As it stands the broad structure of the chapter is as follows:

• It shall weave in the principle of Equality and Non Discrimination in the realm of Work Employment and Occupation
  • This would mean no discrimination on grounds of disability
  • Provision for reasonable accommodation
  • Provision for affirmative action in terms of reservations.
• In order to enhance the implementation of the right of non discrimination it was suggested that the committee recommend the setting up of a Public Service Commission which will weed out the discriminatory content of all recruitment rules.
• Also the statute should make provision for formulating disability friendly model service rules which can be the basis for all service rules.
• Enhance the percentage of reservation and distribute it according to disability
• Sub group suggested 6% reservation
• Reservations in private sector can be incentivized but mandating needs to be a more careful exercise
• Reservations in promotions was contentious and has been referred to the full committee
• The full Committee would also have to examine whether the banding of disabilities as suggested by the subgroup is acceptable?
• As a result of the PWDA experience the sub-group has only permitted identification of jobs for preferential treatment. Otherwise reservations would be available against all vacancies.
• No provision shall be made whereby establishments can seek exemption from the purview of exemptions.
• Reservation in development schemes
• Preferences in government purchases
• Inducting PD in employment generation, skill development, livelihood initiatives and programmatic interventions
• Need to acknowledge the creative and entrepreneurial capabilities of PD's and correlative obligation on the State to formulate appropriate schemes for development of those capabilities
• Require consideration of which kind of programs should find express mention in the statute
• The sub group on Employment may examine the suggestions made during the 29^th Sep to 1^st Oct 2010 meeting and make their recommendations to the Committee. [ These suggestions have been included in the Minutes of this meeting]
• Additional Issues which merit consideration by reason of the CRPD but have not been addressed till date
  • Safe and healthy work conditions
  • Labour and trade union rights
  • Assistance in finding, obtaining, maintaining and returning to employment
  • Protection from Harassment and Redress of Grievances