ABSTRACT
The Code adopts the definition of special educational needs as laid down in the 1981 Education Act and subsequently in the 1993, 1996 and 2001 Education Acts.
A child has special educational needs if he or she has a learning difficulty which calls for special educational provision to be made for him or her.
A child has a learning difficulty if he or she:
has a significantly greater difficulty in learning than the majority of children of the same age
has a disability which either prevents or hinders the child from making use of educational facilities of a kind provided for children of the same age in schools within the area of the local educational authority
is under five and falls within the definition at (a) or (b) above or would do if special educational provision was not made for the child.
A child must not be regarded as having a learning difficulty solely because the language or form of language of the home is different from the language in which he or she is or will be taught.
Special educational provision means:
for a child over two, educational provision which is additional to, or otherwise different from, the educational provision made generally for children of the child’s age in maintained schools, other than special schools, in the area
for a child under two, educational provision of any kind.
(1993 Education Act, Section 156; 1996 Education Act, Section 312)
Source: 1994 and 2001 Codes of Practice, HMSO
