PART 2ADDITIONAL LEARNING NEEDS

CHAPTER 1KEY TERMS, CODE AND PARTICIPATION

Key terms

I1I3I7I9I5I13I23I17I11I15I25I21I192Additional learning needs

1

A person has additional learning needs if he or she has a learning difficulty or disability (whether the learning difficulty or disability arises from a medical condition or otherwise) which calls for additional learning provision.

2

A child of compulsory school age or person over that age has a learning difficulty or disability if he or she—

a

has a significantly greater difficulty in learning than the majority of others of the same age, or

b

has a disability for the purposes of the Equality Act 2010 (c. 15) which prevents or hinders him or her from making use of facilities for education or training of a kind generally provided for others of the same age in mainstream maintained schools or mainstream institutions in the further education sector.

3

A child under compulsory school age has a learning difficulty or disability if he or she is, or would be if no additional learning provision were made, likely to be within subsection (2) when of compulsory school age.

4

A person does not have a learning difficulty or disability solely because the language (or form of language) in which he or she is or will be taught is different from a language (or form of language) which is or has been used at home.

5

This section applies for the purposes of this Act.

I2I4I10I6I8I20I24I18I16I22I26I12I143Additional learning provision

1

“Additional learning provision” for a person aged three or over means educational or training provision that is additional to, or different from, that made generally for others of the same age in—

a

mainstream maintained schools in Wales,

b

mainstream institutions in the further education sector in Wales, or

c

places in Wales at which nursery education is provided.

2

“Additional learning provision” for a child aged under three means educational provision of any kind.

3

In subsection (1), “nursery education” means education suitable for a child who has attained the age of three but is under compulsory school age.

4

Regulations may amend this section to replace the references to the age of three with references to a different age.

5

This section applies for the purposes of this Act.