Part IV Special educational needs

Chapter I Children with special educational needs

Introductory

312 Meaning of “special educational needs” and “special educational provision” etc.

1

A child has “special educational needs” for the purposes of this Act if he has a learning difficulty which calls for special educational provision to be made for him.

2

Subject to F7subsections (3) and (3A) a child has a “learning difficulty” for the purposes of this Act if—

a

he has a significantly greater difficulty in learning than the majority of children of his age,

b

he has a disability which either prevents or hinders him from making use of educational facilities of a kind generally provided for children of his age in schools within the area of the F5local authority , or

c

he is under F1compulsory school age and is, or would be if special educational provision were not made for him, likely to fall within paragraph (a) or (b) when of F2. . . that age.

3

A child is not to be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of a language) which has at any time been spoken in his home.

F63A

Subsection (2) does not apply—

a

for the purposes of sections 15ZA, 15A, 15B and 507B, or

b

for the purposes of sections 18A and 562H (except for the purpose of determining, for the purposes of those sections, whether a child has special educational needs).

4

In this Act “special educational provision” means—

a

in relation to a child who has attained the age of two, educational provision which is additional to, or otherwise different from, the educational provision made generally for children of his age in schools maintained by the F5local authority (other than special schools) F3. . ., and

b

in relation to a child under that age, educational provision of any kind.

5

In this Part—

  • “child” includes any person who has not attained the age of 19 and is a registered pupil at a school;

  • F4“maintained school” means any community, foundation or voluntary school or any community or foundation special school not established in a hospital.

312AF8Children subject to detention

1

No provision of, or made under, this Part applies in relation to a child who is subject to a detention order and detained in relevant youth accommodation.

2

The following provisions of this section apply where a child who has been subject to a detention order is released having, immediately before release, been detained in relevant youth accommodation.

3

Subject to subsection (6), a statement which was maintained for the child by a local authority under section 324 immediately before the beginning of the detention is, from the child's release, to be treated as being maintained by that authority under section 324.

4

In subsection (3) “the beginning of the detention” means—

a

the beginning of the period of detention in relevant youth accommodation, or

b

where that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period.

5

For the purposes of subsection (4), it is immaterial whether or not a period of detention is pursuant to a single order.

6

Where, on the child's release, a local authority (“the new authority”) other than the authority mentioned in subsection (3) (“the old authority”) becomes responsible for the child for the purposes of this Part—

a

the old authority must transfer the statement to the new authority, and

b

from the child's release, the statement is to be treated as being maintained by the new authority under section 324.