Disability and special educational needs (SEN)
The definition of disability comes from the
Disability Discrimination Act (DDA). The definition of
special educational needs (SEN) comes from the Education Act 1996. However,
there is significant overlap between the two groups.
The definition of SEN includes many disabled children. A disabled child has SEN if they have a disability and need special educational provision to be made for them in order to be able to access the education that is available locally.
However, not all children who are defined as disabled will have SEN. For example, those with severe asthma, arthritis or diabetes may not have SEN but may have rights under the DDA.
Similarly, not all children with SEN will be defined as having a disability under the DDA. The Disability Rights Commission's Code of practice for schools — DDA: Part 4 is helpful in explaining this in more detail. (The role and functions of the Disability Rights Commission were taken over by the Equality and Human Rights Commission in 2007 but the Code of practice is current.)
SEN duties in the Education Act 1996
The SEN duties require schools and LAs to make appropriate provision
for children and young people with SEN, so the provision of 'auxiliary aids
and services' is not included in the reasonable adjustments duty under the
DDA.
Governing bodies of schools are required to use their 'best endeavours' to ensure that appropriate provision is made for children with SEN.
Both LAs and schools, and others working with them, are required to have regard to the SEN Code of practice, which provides the main guidance on how they might interpret their duties.
SEN responsibilities are coordinated within the school by the SEN coordinator (SENCO).
Parents who do not agree with the decisions of the LA about the assessment of their child's needs, or the special educational provision to be made for their child through a statement, have a right of appeal to the First-tier Tribunal (Special Educational Needs and Disability) (previously SENDIST.)
Published: 11 November 2009
