Oireachtas Joint and Select Committees
Thursday, 27 April 2023
Joint Oireachtas Committee on Disability Matters
Rights-Based Approach and Disability Legislation: Discussion
Ms Martina Mannion:
I thank the Cathaoirleach and the committee for the invitation to be here today to represent the Department of Education. I am an assistant secretary general in the Department and I have responsibility for special education and inclusion.I am accompanied today by three of my colleagues who work as principal officers in the special education section across a range of policy and operational issues.
The Department of Education’s policy in respect of supporting children and young people with special educational needs is very clear. It is based on a child-centred approach to the provision of education. Our role is to ensure that all children with special educational needs are supported to access an education appropriate to their needs. This means that children with special educational needs should be supported to the greatest degree possible in mainstream settings with additional teaching and care supports to allow them to achieve their potential. In circumstances where children with special educational needs require more specialised interventions, we ensure access to special school or special class places. As a Department we recognise that these more specialist supports and settings have an important role to play and in line with parental wishes, we have opened hundreds of additional special classes both at primary and post primary level in recent years as well as seven new special schools.
It is worth noting that while much of the public focus has been on the additional special school and special class places, the vast majority of children with special educational needs are educated in mainstream settings in the Irish education system. It is estimated that almost 98% of all children with special educational needs attend mainstream settings. The benefits of mainstream education are known and recognised. The Department is working hard to ensure that inclusion is at the heart of what we do, and where full participation in an inclusive education setting is available to every student, which meets their individual need. Our schools are where we nurture and develop the future of our society and we know that schools are a welcoming and supportive environment for children, especially children with special educational needs. The Department expends considerable resources annually in order to enable schools to support the inclusion of all students.
In the last few years, there has been an increase in the number of children and young people with special educational needs, particularly in the context of autism. What is happening in Ireland is not unique. There is recognition internationally of growth in the area of special educational need. The Department is very aware of this. We are proactive in working with all stakeholders, including parents and advocacy groups, to ensure we are meeting that need in a compassionate and inclusive way in schools across the country. We have responded to that need by providing significant additional supports to mainstream classes and, as I outlined earlier, by the provision of additional special school and special class places. We are also working on a number of policy and resource initiatives which, as they are rolled out, will further enhance the educational experience of children with special educational needs.
This year, the Department will spend in excess of €2.6 billion, or over 27% of its budget, supporting children with special educational needs. This is the highest ever provision of funding by the State in the area of special education. By the end of this year, there will be more than 40,000 special education teachers and special needs assistants, SNAs, working in our schools who are specifically dedicated to supporting students with special educational needs.
The discussion points outlined in the invitation to attend today’s meeting reference the Education for Persons with Special Educational Needs, EPSEN, Act 2004 and the United Nations Convention on the Rights of Persons with Disabilities, UNCRPD. In that regard, it is worth highlighting for the committee a number of recent developments, the outcomes of which are likely to influence the way in which our education system develops into the future. As the committee will be aware, the Department of Education is undertaking a review of the EPSEN Act. I thank the committee for the submission it has made as part of the public consultation process on the review. The Department has consulted far and wide as part of this review. An online survey element of the public consultation process has recently closed and we received 28,000 responses from parents, students, schools and other interested stakeholders. This is a fantastic response and shows the public interest in this area. The Department is now working to analyse these responses so we can commence the next stage of the legislative review process.
The EPSEN legislation has been in place for almost 20 years. There have been many significant changes and developments to policy relating to the education of children with special educational needs in that time. One of the most important of these changes relates to how children access educational supports in schools. When the legislation was first introduced, assessments were needed to ensure access to educational supports for all children with special educational needs. That is no longer the case. Since 2017 educational supports for children in mainstream settings are provided through special educational teachers and special needs assistants who are already assigned to schools, with the option for additional supports as required. This has moved us away from a diagnosis-led model of support to a needs-led model, which is very much in line with the UNCRPD and is a child-centred model of provision. As so much has changed since the introduction of EPSEN in terms of policy and provision, we believe this review of the legislation to ensure that it is up to date, fully operational and reflective of the lived experiences of students and families is a very important and timely decision that will assist us in providing advice to Ministers and the Government on the future direction of legislation in this sensitive area of education.
When the review is complete, we will have a clearer idea of the wider public and stakeholder view. Like any consultation process, the outcomes can vary, from maintaining the status quo, amending or commencing existing legislation, or developing new legislation. Any legislative changes proposed will require careful consideration, detailed analysis, pre-legislative scrutiny and consideration of the wider Government legislative programme.
Regardless of the outcome, the Department is committed to ensuring that children with special educational needs are fully supported in our education system.
On the further development of an inclusive education system, in January, the Department received policy advice from the National Council for Special Education, NCSE, on future provision in respect of special classes and special schools. The policy advice will need to be considered fully in order that in the long term we will continue to build a more inclusive education system while also ensuring that the needs of our most complex students in special schools and classes are being fully met. The policy advice is currently being considered by the Minister and the relevant Minister of State. Once we have the outcome of that consideration, there will be further engagement with all stakeholders, including public representatives, on this matter.
In keeping with the desire to take a child-centred approach to the provision of education, the Department of Education and the NCSE have recently been involved in the provision of a number of additional initiatives for students with special educational needs. These include: the expansion of the summer programme; the funding of projects to support the transition of students with special educational needs after they finish school; additional funding for assistive technology; provision of dedicated supports for children who use Irish Sign Language as their primary means of communication; the introduction of a new nursing support pilot programme; the development and piloting of the school inclusion model; additional funding for the recruitment of 160 new staff by the NCSE, to include more special education needs organisers, SENOs, and advisers; and additional funding for the recruitment of 54 additional educational psychologists by the National Educational Psychological Service, NEPs. All of these measures are aimed at supporting children with special educational needs in order to ensure that they can access education in the most inclusive way possible.
We have worked hard to ensure that we are providing a supportive, inclusive education system for all children, particularly those with special educational needs. While huge progress has been made we are always aware of the challenges faced by individual children and their families and we are continuing to work with the NCSE and all education stakeholders to address any issues as they come to light. I thank the committee for giving me the opportunity to outline our work to date in this important area. My colleagues and I look forward to engaging with committee members during today’s meeting and addressing any questions that they might have.
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