Special educational needs (SEN) can be seen as a 'construction' that countries define within their legislation and go on to identify, assess, and make provision for in different ways. Definitions vary widely from country to country and even within a country. Many governments have policies to ensure students with SEN are included in mainstream schooling and some enact legislation to ensure provision and equality for all. This research looks at exclusion rates in the 'Programme for International Student Assessment' (PISA) to highlight trends over time that can relate to changes in definitions and legislation regarding SEN in participant countries and how they can possibly impact response rates and results. Given the weight of importance put upon results and world rankings in international surveys such as PISA, the research explores the potential for countries to 'game the system' through the use of exclusion criteria. The paper highlights divergences in approach between participant countries and explores whether international surveys should adopt a more uniform approach to how SEN is defined or whether the diversity of approach should be celebrated and accepted as fair.