The Education (Jersey) Law 1999, (as amended, referred to as “The Law") is
the primary legislation governing the legal requirements and duties for all areas
of Jersey education, including Special Educational Needs. Part 1, Article 4 of
the Law defines the term “special educational needs” in Jersey, as well as the
defined meaning of “learning difficulty”, “special educational provision” and
“special school”.
(1) For the purposes of this Law, a child has “special educational needs” if the child
has a learning difficulty which calls for special educational provision to be made for the
child.
(2) For the purposes of this Law, subject to paragraph (3), a child has a “learning
difficulty” if –
(a) the child has a significantly greater difficulty in learning than the majority of
children of the child’s age;
(b) the child has a disability which either prevents or hinders the child from
making use of educational facilities of a kind generally provided for children of
the child’s age in provided schools; or
(c) the child is below compulsory school age and is, or would be, if special
educational provision were not made for the child, likely to fall within sub-
paragraph (a) or (b) when the child is of compulsory school 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 the child is, or will be, taught is different
from a language (or form of a language) which has at any time been spoken in the
child’s home.
(4) In this Law – “special educational provision” means –
(a) in relation to a child who has attained the age of 2 years, educational
provision which is additional to, or otherwise different from, the educational
provision made generally for children of the child’s age in provided schools
(other than special schools); and
(b) in relation to a child under that age, educational provision of any kind; and
“special school” means a school which is specially organized to make special
educational provision for pupils with special educational needs.
In addition, Part 5 of the Law, Articles 28 to 32, precisely define the duty of the
Education Minister in relation to a child or young person with SEN; the power of
the Education Minister to require assessment and parental/carer’s rights in
relation to SEN, and other powers. In addition, children and young people with
SEN have rights defined in other parts of the Law, for example, in accessing the
Jersey Curriculum (Article 16).