This section aims to set out some principles in relation to the regulatory approach to making specifications under section 96. As set out in Part 2 above, in making these specifications, the Equality Act 2010 (section 96 (8)) requires the regulator to take into account three factors:

the need to minimise the extent to which disabled persons are disadvantaged in attaining the qualification because of their disabilities the need to secure that the qualification gives a reliable indication of the knowledge, skills and understanding of a person upon whom it is conferred the need to maintain public confidence in the qualification.

It is challenging to balance the above requirements to minimise disadvantage, to secure that qualifications give a reliable indication of knowledge, skills and understanding and to maintain public confidence in qualification. The three requirements are not always mutually compatible. For example, a practical assistant who plays a musical instrument for a mobility impaired candidate during a musical performance may minimise the disadvantage faced by that candidate. But may not give a reliable indication of the knowledge, skills and understanding of the candidate, and could undermine public confidence in that qualification. Conversely, maintaining exactly the same requirements for all candidates, regardless of disability, may on the face of it appear to be a good way to ensure that a qualification provides a reliable indication of knowledge, skills and understanding, but it would not fulfil the need to minimise disadvantage faced by disabled people and could undermine public confidence in that qualification.

It is recognised that, despite all reasonable efforts, it might not be possible for all candidates to be able to access all qualifications. It is therefore vital for all candidates to be given high quality advice before selecting qualifications for study.

In the light of the three factors outlined in section 96 (8) of the Act, there are three principles that should be considered when making specifications under section 96:

1. Standard assessment material and practices and modified assessment material should be as accessible as possible.
   
   In relation to the accessibility of standard and modified materials, awarding organisations could partly fulfil this principle by ensuring that experts who make modifications to standard assessment materials are given early access to standard materials before final materials are selected. This would help ensure that:
   
   a. standard materials are as inclusive as possible
   b. standard materials are appropriate for modification
   c. modifiers have sufficient time to be develop modified materials to a high standard.
   
   As discussed in Part 3, the publication, Fair Access By Design, also sets out how awarding organisations can design qualifications to be as inclusive as possible.
2. Assessment materials and practices in relation to disabled candidates should aim to reflect normal ways of working – i.e. classroom and future working environments – as far as is reasonable.
   
   It is important to reflect, where possible, the continued and growing use of technology which may allow disabled people to access information and assessment material. Another example would be allowing extra time for a dyslexic candidate to complete an assessment where this reflects the usual way of working for that student.
3. Reasonable adjustments should not compromise assessment objectives¹ .
   
   Where reasonable adjustments are made, these should be based on evidence of need and should not compromise the assessment objectives of the qualification.

1. Assessment objectives are a set of statements in a specification describing the focus of assessment and are related to the requirements that learners need to meet in order to achieve success (or a given grade) in a qualification or unit, or part of a unit. [↩]