Sample Solution

Educational Needs. For example, those with asthma arthritis or diabetes may not have SEN but may have rights under the EA. The EA (2010) definition for schools for disabled students comes from the EA and the definition for SEN students comes from the Education Act 1996. The impact on schools will be that there will be a significant overlap between the two groups of children. A child may fall within one or more of the definitions. The Department of Education defines children with SEN as children have a learning difficulty if they:

• Have a significantly greater difficulty in learning than the majority of children of the same age
• 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 LEA. Special Educational Needs and Disability Act (2001)

SEN, disabled or both?

One of the major issues for school will be the overlap of students who will be identified as having SEN needs but who will also be defined as disabled by the Equality Act. The Learning Trust’s Approach to SEN (2009) indicates those students with SEN needs will come under the Education Acts and SEN Code of Practice, where their needs will be identified and appropriate measures adopted. Those students within schools who are identified as disabled will be covered by the EA (2010) ensuring that they will not be discriminated against. These schools will also have responsibility for promoting equality between disabled and non-disabled students.

For educational institutions the effect of the EA this means that there has to be adequate transition practices in place with liaison between all service providers to ensure that students’ needs are and will be