Blind SA and the Institute for Certified Bookkeepers (ICB) have reached an out-of-court settlement in Blind SA’s Equality Court challenge against the ICB for unfairly discriminating against 50 blind and visually impaired students.
Last month, Section27, representing Blind SA, launched an urgent application in the Equality Court, sitting in the Western Cape High Court, for an order to ensure that the 50 students were registered and reasonably accommodated to enable them to complete their assessments, tests, and exams for the National Certificate: Small Business Financial Management qualification with the ICB.
This qualification is essential for aspiring professionals in the financial sector, making the accessibility of its assessments vital for blind students.
Prior to the launching of the application, the ICB refused to grant the 50 students access to its online platform so they could complete their assignments, tests, and examinations.
It later became clear that the ICB's platform was incompatible with the students’ screen reading software, and the ICB refused to make the necessary adaptations to accommodate them from completing their qualification.
The ICB also denied that the 50 learners were registered for the course in the first place and turned them away. Despite Blind SA's attempts to resolve the matter, it was left with no alternative but to seek relief through urgent litigation.
However, before the matter was heard, the ICB and Blind SA were able to reach a settlement. The court this week made the settlement agreement an order of the court. The terms of the settlement agreement compel the ICB to allow the Blind SA learners to register for exams within two days of the date of the order.
The settlement also allows the 50 learners, once registered for examinations, to apply for concessions related to the completion of assignments, tests, and examinations.
With regards to the completion of assignments and tests, the concessions include allowing the students to complete these using screen reading software, assisted by a sighted reader or scribe. Students will also be granted additional time for tests.
With regard to examinations, the students may opt for either paper-based or online examinations. The paper-based examinations may be written with the assistance of scribes or sighted readers either at an ICB venue or a separate venue with invigilators organised by Blind SA and approved by ICB.
Like the online assessments, the online exams are to be completed using screen reading software and a sighted reader or scribe.
The ICB has meanwhile also agreed to grant similar concessions to any blind or visually impaired student in future who requires and applies for such concessions.
The ICB has also undertaken to begin taking reasonable measures within three months, within their available resources, to make all new qualifications that it offers compatible with international standards for digital accessibility.
This settlement agreement vindicates the fundamental human rights of the 50 students and particularly their right to access higher education in an equitable manner. It also ensures that the barriers to accessing higher education posed by digital accessibility platforms are removed, and students with visual disabilities are reasonably accommodated by the ICB, Blind SA said.
“We welcome the court order of the Equality Court and ICB’s willingness to grant the concessions and reasonable accommodations to enable the fifty blind and partially sighted students to complete the financial course,” said Jace Nair, CEO of the organisation.
"Blind SA is particularly happy that future students do not have to go through similar anxiety and that these concessions will also apply to them.”
Pretoria News
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