butterfly minds

Definition of special needs

Posted on: July 27, 2013

Definition of special needs

This post is also written by @KatieScarlett03
This definition is from the Special Educational Needs Code of Practice (SENCOP), which is essential to have if you have or think you may have a child with SEN. Think of it as a guide book for a foreign country. You can download it and all it’s annexes here . I shall refer to it many times but you will find life much easier if you have your own copy.

“Children have special educational needs if they have a learning difficulty which calls for special educational provision to be made for them.

Children have a learning difficulty if they:

a) have a significantly greater difficulty in learning than the majority of children of the same age; or
(b) have a disability which prevents or hinders them from making use of educational facilities of a kind generally provided for children of the same age in schools within the area of the local education authority
(c) are under compulsory school age and fall within the definition at (a) or (b) above or would so do if special educational provision was not made for them.

Children must not be regarded as having a learning difficulty solely because the language or form of language of their home is different from the language in which they will be taught.

Special educational provision means:

(a) for children of two or over, educational provision which is additional to, or otherwise different from, the educational provision made generally for children of their age in schools maintained by the LEA, other than special schools, in the area
(b) for children under two, educational provision of any kind.

See Section 312, Education Act 1996”

Disability is then defined as:

“Definitions in the Children Act 1989 and the Disability Discrimination Act 1995

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