Ms Fidelma Brady:

I thank the Chairman for this opportunity. Students with Down's syndrome have the right to be educated in their local mainstream school under the UN Convention on the Rights of Persons with Disabilities, UNCRPD, but currently schools are encouraged rather than obligated to provide an individual education plan. The answer to a recent parliamentary question about the implementation and resourcing of the Education for Persons with Special Educational Needs, EPSEN, Act 2004 makes it clear that the Minister accepts that the funds needed for its full implementation have not, and will not, be provided. The current Department of Education and Skills position seems to be that schools are encouraged to implement large parts of the EPSEN Act without having the necessary resources. Down Syndrome Ireland has long campaigned for the EPSEN Act to be fully enacted so that the rights of students with additional educational needs are enshrined in law, rather than depending on encouragement from the Department and the goodwill of schools and teachers.

However, in Down Syndrome Ireland we cannot stand by while teachers’ unions advise members to take action which discriminates against students who have intellectual disabilities. We believe that students with Down's syndrome will suffer and will struggle to be successful in education if they do not have a structured individualised education plan in place. Planning for this needs to be co-ordinated by teachers who are given the training, resources and non-contact time necessary to carry out this duty effectively. In this regard, we need an acknowledgement that fully inclusive education is a right, not a privilege, and for a plan to be initiated immediately to ensure that teachers are resourced and trained to meet the needs of all their students.

Regarding the July provision, it provides funding for an extended school year for children with a severe to profound general learning disability, GLD, or children with autism spectrum disorder, ASD. We recognise that there are faults with the July provision scheme. In its current form, it is discriminatory because it excludes most students with Down's syndrome. Like ADS, students with Down's syndrome have complex educational needs and they are likely to regress educationally unless they have some support in place for a portion of the summer break.

We have been told many times by teachers and parents that the long summer break is detrimental to the learning and retention of skills. We have questioned the Department of Education and Skills and various members on this matter and the response we receive is that the provision scheme is under review and no revisions will happen until the review is complete. In the meantime, students continue to progress through the educational system without the supports they need in order to reach their potential. It is not acceptable to Down Syndrome Ireland that such discrimination continues while a review of the scheme is carried out. Our experience of previous departmental reviews is that they take a considerable length of time to lead to action, sometimes many years. We are calling for an interim agreement to be put in place to meet the needs of our members with July provision to be made immediately available to all students with Down's syndrome regardless of their intellectual ability.