Michael Moynihan (Cork North-West, Fianna Fail)

I welcome the opportunity to speak on the review of the Education for Persons with Special Educational Needs Act. I thank my colleague, the Minister, Deputy McEntee, for her opening statement. I wish to thank those who conducted the review and Members of the House for the opportunity to discuss the review.

The review represents the most comprehensive national reflection to date on how we can support children and young people with additional needs in our education system. I want to acknowledge the significant effort by all involved in this process, in particular the thousands of individuals, including school workers, parents, representative groups and, most important of all, children and young people, for their huge contribution in providing us with their lived experience and the views that have culminated the report.

The 2004 Act has been in place for over 20 years, during which time significant policy developments have taken place in the field of special education. The review has been shaped by a commitment to open collaboration, with steering groups, working groups and advisory groups overseeing the process. Consultation with a broad range of stakeholders has been central to this effort, ensuring diverse voices and perspectives are heard. One of the defining features of the review has been the meaningful participation of children and young people. Focus groups and tailored surveys were specifically designed to allow students to share their experience in a comfortable and accessible way. This approach ensured that the voices of the students, in particular those with complex needs, shaped the direction of the review from the very outset.

One of the strongest messages to emerge was that we must build on lived experience to create effective, responsive and enforceable policies and laws. The objective we all share is a more inclusive education system, one that enables every student to thrive and feel he or she belongs. This means action on support services, curriculum design, resource allocation, the role of the SNA and school infrastructure, among others.

As in all other countries, though perhaps known by different names, there is always a place for the provision of special classes and schools. As articulated by the many stakeholders, there is support for the current continuum of education provision, which includes mainstream classes, special classes and special schools. The latter two categories are exceptionally important options, in particular for children with complex additional needs and their families.

As evidenced, work continues to be done to ensure the consistent high standards in the provision of special classes and schools. We also need to ensure closer co-operation between mainstream and special schools and classes. This will continue to assist in enhancing education outcomes for children and contribute to a more integrated and inclusive education system for children and school communities.

As the House will note following this extensive review, the steps proposed outline a pathway towards a more integrated and inclusive education system for all. I would like to extend my sincere thanks to all stakeholder groups, including students, parent and guardian representatives, advocacy groups, academic experts, State agencies and Departments. I also deeply appreciate the engagement of students, parents and educational professionals and the wider public, whose contributions have shaped what we know as the EPSEN Act review.

Findings from our consultation process demonstrate that many participants share many common experiences with the special education sector and seek similar actions and improvements. We have gained invaluable insight into key areas such as technology, terminology, transition, lived experience and potential enhancements to support these structures. The findings of the review have resulted in a set of recommendations that fall into two key areas, namely, legislative-based recommendations and policy-based recommendations. Publishing the report, which the Minister, Deputy McEntee, and I were delighted to launch last week, is only one step, though.

The development of an implementation plan before the end of this year is key to delivering on these recommendations. I propose to discuss the recommendations in the report in more detail. Across the consultation, a high level of consistency and consensus has emerged. Key areas identified for improvement include an inclusive education Act. The introduction of one inclusive Act for all children in respect of education would provide for a legal basis and framework for inclusive education. While the preferred method may be one inclusive education Act, other options may be considered. Work on this recommendation can run alongside policy recommendations. The review process overall showed that feedback recommended one single underlying legislative basis to ensure that inclusion was at the very heart of our State and any new laws we implemented.

Mediation or alternative methods for the resolution of concerns relating to education is a recommendation I hope will be of great assistance to parents. Mediation, or a method similar to it, is an alternative step that, once established, would allow parents to have a pathway to seek assistance with matters without having to incur excessive time delays or feel they have to take a legal route to access reports. This is something we are keen on developing over time.

The review also recommended that the Disability Act 2005, with particular reference to the assessment of need review, be reviewed in the interests of promoting timely and effective assessments of need and intervention processes. This is a priority for my colleagues in the Department of Children, Disability and Equality and we will work with them to achieve this.

Improving transition between early years, primary school and post-primary education pathways is a vital component in improving education for children with additional needs.

For a child born with additional needs, there will be a number of key flashpoints with difficulties and challenges when he or she goes to preschool, primary school, post-primary school and then on to post-education settings. Improving transition would allow for a more streamlined process from the time a child starts his or her education journey to the end of that pathway. This will be assisted by the forward planning steps the Department has taken and will continue to develop. The early years education system we now have in place did not exist to the same extent when the EPSEN Act was originally drafted. The review recommends that work be undertaken on providing a legal right of access to preschool for all children.

The report recommends that the term "student support plans" should be used in place of the original "individual education plan" and that this should be legislated for. Support will be put in place to develop an infrastructure for effective student support file management and student support plan implementation. This will build upon the work already under way by the National Educational Psychological Service on the continuation of support models used in schools to support all children.

The report recommends that enhanced workforce training and education, focusing on inclusion, should be adopted. This is an overall recommendation that will be adopted at all levels of the education workforce. It is very important that we acknowledge the large amount of work done by teams throughout school communities, whether in mainstream schools, special classes or special schools. The amount of work done by school leadership, teachers and SNAs is highly regarded by the Minister, Deputy McEntee, and myself. It is very important work and we salute them for the great work they are doing throughout the education system.

The report contains a number of recommendations on the rights of the child. We need to ensure that we strengthen the legal rights of the child in the education system in a way that provides for more inclusive education as well as ensuring consistency in how we support children with additional needs. The review and the supporting reports outline the reasons for all the recommendations, and this evidence has been informed by vast consultation.

As we welcome the review and salute those involved in it, its implementation is how we will be measured. Some recommendations can be processed quickly. Others, particularly those requiring legislative change, will take more time. I assure the House that the political will is there and the Department's commitment on this is absolute. Implementation of these actions requires ongoing consultation and collaboration across all of Government. I look forward to working with all partners to make meaningful progress on improving the education of our children and young people. We are determined to ensure the review leads to real and lasting change for children and young people with additional needs.

I thank the thousands of individual students, parents, school teams and advocates who gave their honest contributions on the lived experience of special education. They have made this report possible. I welcome the discussion in the Dáil this afternoon. It is clear that there is great will, politically and at departmental level, to ensure we advance education for people with additional needs. My colleague, the Minister, Deputy McEntee, and I will continue to work with all Members in the House to ensure we can bring change and develop more inclusive education of which we can be rightly proud.

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