Dealing with difference: supporting neuro-diverse learners in law

In her paper Sheree Peaple (De Montfort University) discussed the issues raised by the increasing number of neuro-diverse learners in law schools. Below she gives an overview of two specific learning differences, Asperger syndrome and dyspraxia, and outlines reasonable adjustments tutors can make in their teaching, assessment and feedback to support these students.

Learners in law are becoming more diverse, and this includes increasing numbers of students with neuro-diversity issues (otherwise known as specific learning differences or SpLDs). There are a variety of specific learning differences to do with the way the brain operates. Neuro-diversity includes dyslexia, dyscalculia, autistic spectrum disorders and dyspraxia. In the past these might have been seen as ‘disabilities’, but now we prefer to look at them as ‘differences’ to avoid stigmatising the individual. For the same reason, many try to avoid medical terminology such as ‘suffers from’.

In recent years institutions have received steadily increasing numbers of applications for law courses from students with dyslexia, dyspraxia, ADD, ADHD and autistic spectrum disorders. Institutions are keen to ensure that they comply with their legal obligations with regards to students with disabilities, but implementing these requirements often falls to the individual tutor, raising a number of challenges – from ensuring that the syllabus is appropriate and accessible whilst still complying with professional body requirements, to facilitating students to develop study skills, providing learning support tools and even helping students (particularly those with autistic spectrum disorders) to cope with social situations.

Dealing with such students on a day to day basis can sometimes be frustrating and is almost always time consuming, but we all want to ensure the best possible learning experience for each student who is capable of benefiting from the courses we offer so it is in the interests of all law teachers to develop their knowledge and experience of teaching neuro-diverse students. We should also consider what we gain from dealing with diversity and what we can learn from the special skills and attributes often displayed by neuro-diverse students.

Chris Hull (St Mary’s University College) comments:

This excellent paper greatly improved my awareness of the increasing nature of neuro-diverse students and the challenges they present to institutions, focusing on two case studies dealing with two particular aspects of neuro-diversity:
 

• Student with Asperger Syndrome – to what extent can you single a student with Asperger Syndrome out in order to make other students more aware of the needs of that particular student? Should you single the student out? Obviously it required the consent of the student concerned. Would it benefit the situation and more importantly the student? A suggestion put forward was to offer equality training as part of the university induction process, part of the institutions’ equality agenda. Is a peer buddy system an effective tool?
• Student who is very disorganised – hands in non-assessed work late, poor concentration in lectures, often turns up late to sessions, however obtained excellent A level grades and clearly has an excellent memory. How do we ‘deal’ with this student? It was suggested that a structured support programme, encompassing a couple of hours a week considering the organisation of the student’s weekly activities. However, what is the purpose or aim of this support? Is it to organise the student to get through university, or to give the student additional skills? How can these additional needs be met in vocational courses such as the Legal Practice Course, designed to give some reality of the world outside. How can the course nurture the student? Do we deal with the issues early enough?
  A further issue raised was the lack of awareness from staff and an unwillingness to adapt to the neuro-diverse nature of students. How can this challenge be met?

Julian Webb (UKCLE) reports:

Sheree’s paper gave us access to different ways of thinking about learner differences that both problematised learner difference, but also opened up new opportunities. Her quote from an autistic spectrum learner that “my brain is a jewel” offered, for me, a very vivid and moving metaphor of that person’s relationship with their self, as a learning, thinking being. How we learn and how we experience learning goes very much to identity, and I question whether we routinely do enough to acknowledge that fact, and to value the positive features (as well as manage the more difficult aspects) of learner differences in higher education. So, where do we go from here?

What is Asperger syndrome?

Asperger syndrome (AS) is one of several ‘autistic spectrum disorders’. It is important to remember that autism is a spectrum. – no two people with autistic spectrum disorders will think or act the same, but there are some common characteristics.

The National Autistic Society defines Asperger syndrome as “ a form of autism…a lifelong disability that affects how a person makes sense of the world, processes information and relates to other people”.

People with AS have sometimes been described as “able but odd”.

AS affects around 1 in 200 people, and is more common in men than in women. People with the condition are usually of average or above average intelligence and normally have difficulties in three distinct areas:

1. They have problems with social communication, finding it hard to ‘read’ other people’s gestures or tone of voice. They may not know how or when to start or end a conversation or what to talk about, and they may have a very literal approach to words, finding it hard to understand jokes, metaphor, irony and sarcasm. For example, if you say “let’s leave that idea up in the air”, a person with AS may look up to find the idea. And never tell a person with AS to “pull their socks up”!
2. They may find social interaction difficult, having problems with making friendships and reacting appropriately to situations. They may find it hard to follow the unwritten rules that most people pick up automatically – for example, a common problem is standing too close to others. Students with AS don’t always understand the rules of conversation – they may always interrupts lectures with seemingly inappropriate questions, apparently oblivious of the seething frustration of their colleagues.
3. They may have difficulties with social imagination – working out what another person is thinking or feeling, and predicting what they may do next. They have difficulty with empathy and understanding others’ point of view. Many people with AS may find ‘creative’ subjects more difficult and prefer to study subjects based on set patterns and logic, such as computing or mathematics – or law.

In addition:

• Some people with AS, as with other autistic spectrum disorders, may have a strong preference for set routines. These students will find it particularly difficult and may become anxious if classes are rearranged or cancelled.
• Some students have particularly strong subject interests which amount almost to obsessions. Tutors may need to be aware and understanding of these special interests and try to harness them as strengths rather than seeing them as annoyances.
• Sometimes people with AS have sensory difficulties – they may have under- or over- developed senses of touch, taste, smell, or sound. This may cause incidental difficulties – for example, a student with AS may find it hard to cope in crowded places, or if, say, loud music or bright lights are used in a teaching session.

If you have AS you may feel constantly challenged by the world. It’s as if you are in your own country but everyone is speaking a foreign language of which you only know a few words – sounds are too loud, lights are too bright and everything is confusing.

What is dyspraxia?

According to the Dyspraxia Foundation dyspraxia is generally recognised to be an “impairment or immaturity of the organisation of movement. Associated with this may be problems of language, perception and thought”.

People with dyspraxia may have been diagnosed in childhood with ‘clumsy child syndrome’, although this term can be misleading, as people with dyspraxia have problems which go far beyond simple falling over their feet or bumping into things! There is no known cause, and there is usually no clinical neurological abnormality. People with dyspraxia may have some or all of the following:

• Difficulties with gross motor activity – riding a bike, catching a ball, even walking down stairs. For many with severe dyspraxia, learning to drive is impossible.
• Problems with fine motor skills – often handwriting is immature and sometimes almost illegible, even to the writer. Fortunately nowadays most are diagnosed reasonably early and will, by the time they come to university, have developed keyboard skills and be proficient laptop users. Some can’t tie shoelaces, do zips or cope with buttons.
• Problems with reading and spelling caused by limited concentration, poor listening skills and literal use of language.
• Slow and hesitant in most actions – people with dyspraxia tend to have poor understanding of the messages that their senses convey and difficulty in relating those messages to actions. They also may have difficulty in organising and planning thought.
• Difficulty making and keeping friends – sometimes doesn’t know how to behave in company.
• Can have a poor attention span.
• Unable to remember and/or follow instructions.
• Generally poorly organised.
• Because of a lifetime of getting things wrong, often has poor self esteem. Some suffer from anxiety or depression.

Supporting students

With both these SpLDs students are often of above average intelligence. They also tend to be hard working (they have to be!) and used to working through their problems.

What can we, as tutors, do to help? Obviously we will work closely with our student support officers and student services to ensure that each student has a properly conducted and timely assessment, and that appropriate support is provided. This may include equipment, such as laptops or voice recognition software, the support of a note taker in classes, specific sessions designed to help with organisational skills, and extra time for assessments. There are other things that won’t appear in any learning contract that tutors can do, and these are really, in many ways, good practice for all students.

Reasonable adjustments for Asperger syndrome

Think about AS in the following areas – but bear in mind that people with AS are all different, and not every student will be affected to the same degree in each of the three areas of impairment. It is always best to talk to the student and tailor any adjustments according to their needs.

Teaching:

• AS students may not cope well with group work. Consider whether you can excuse them from group activities or devise a different way for them to participate.
• Timetable changes and cancelled classes are disproportionately upsetting to the student with AS. Make sure they are, wherever possible, told well in advance and reminded. You may not routinely e-mail or text students, but may need to make an exception for this one!
• Sometimes AS students need things to be explained more than once. Be patient. Try to break down tasks into simple instructions and be prepared to repeat yourself. Again, perhaps consider texting written instructions after a session.
• Role play can be particularly challenging, as AS students find it hard to read body language and facial expressions. If you use role play, can the AS student be given a different task (for example in a mock trial, the AS student could be given a role which permits the reading of a written statement).
• Think about your language – AS students won’t ‘get’ irony and may interpret everything you say literally.

Assessment:

• Forms of assessment – because of their difficulties with social communication, students with AS can find it difficult to build and maintain relationships. They may seem to others pushy, rude or arrogant, and often have a marked preference for working independently. They may be disliked by other group members because of a tendency to say exactly what they think without regard for others’ feelings. Group work and group assessment may present particular challenges – consider whether an alternative assessment is appropriate, or what help and support is needed if group work in essential.
• Communicating the assessment task – the task and assessment criteria should be clearly specified in writing. Some people with AS can become anxious, confused and frustrated if instructions are not clear, so if you need to explain or expand on assessment instructions verbally check that your AS student has understood.
• Timetabling assessments – in common with many students with SpLDs, students with AS can have difficulties with organisation (though sometimes they are hyper-organised!). Make sure the AS student is familiar with their assessment timetable and knows where to go and when. AS students often find it very difficult to cope with changes to routine. If any changes to their assessment timetable are made try to give as much notice as possible, and reminders.
• Assessment materials – most students with AS will be comfortable with written materials, but are instructions clear? If using audio or visual material, will the student need to interpret social situations or communication, and what help with they need with this? Think about the language used in assessment scenarios and exam questions – is it clear and unambiguous, using plain language and avoiding nuance and hidden meanings.
  Feedback

• Be patient – students with AS may need things explaining several times and in detail.

Last Modified: 9 July 2010