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Part IVE+W Special educational needs

Chapter IE+W Children with special educational needs

IntroductoryE+W

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

(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 [F1subsections (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 [F2local authority] , or

(c)he is under [F3compulsory 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 F4. . . 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.

[F5(3A)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 [F2local authority] (other than special schools) F6. . ., and

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

(5)In this Part—