A child has special educational needs if they have learning difficulties or a disability that needs special educational provision.

A child having special needs includes:

• Physical and mental impairment; including sensory impairments
• Severe disfigurements
• Progressive conditions that are likely to change and develop over time. These are covered from the point when the impairment begins to have some effect, not necessarily substantial, on a persons ability to carry out normal day to day activities, if that impairment is likely to eventually have a substantial effect on such ability. Examples are cancer, multiple sclerosis, muscular dystrophy and HIV.
• Autism
• Dyslexia
• ADHD (Attention Deficit Hyperactivity Disorder)

It does not include

• Having extra English teaching where the child speaks English as an additional language
• Wearing spectacles; in this single exception to the rule it is the effect while the person is wearing spectacles or contact lenses that should be considered
• Having a genetic condition which has no effect on ability to carry out normal day to day activities, unless the condition is progressive; then the progressive rule applies
• Has an impairment resulting from or consisting of a mental illness, unless it is a clinically well recognised illness, that is accepted by a respected body of medical opinion
• Has a dependency on alcohol, nicotine or non prescribed substances
• Has seasonal allergic rhinitis such as hay fever, unless it aggravates the effect of another condition
• Has a tattoo (which has not been removed), and/or non medical body piercing, including attachments;
• Has a tendency to set fires
• Has tendency to steal
• Have a tendency to physical or sexual abuse of other persons
• Demonstrates exhibitionism