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Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Ulick Burke: I move amendment No. 7: In page 7, subsection (3), line 43, after "an" to insert "individual". Throughout the Bill, it is indicated that a child with special needs is an individual and that the plan would be an individual plan. My amendments propose that the principal arrange for an individual assessment because each child has a requirement for an individual assessment and an individual plan...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Ulick Burke: I disagree with the Minister of State. A plan for an individual is an assessment. If one is talking about a school where there are students whose special needs vary slightly from one another and one is preparing a plan, that plan can relate to more than one student. Therefore, it is not an individual plan as such as set out in subsection (3). If one is talking about an assessment for a group...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Ulick Burke: In regard to section 4(6) I referred earlier to the use of the word "individual" and said it should be consistent throughout the Bill. That element is running through the Bill from start to finish. I do not understand the reason it is omitted from section 3(3). I am not sure of the appropriateness of the wording, "arrange for an assessment of the student to be carried out". The inclusion of...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Ulick Burke: I move amendment No. 9: In page 8, subsection (4)(b), line 2, to delete "3 months" and substitute "1 month". A principal will have no more than three months to make a decision on a referral for assessment and such a referral will be arranged after consultation with parents. A period of three months may be considerable in the context of a referral. If a child is referred for an assessment at...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Ulick Burke: It is regrettable the Minister cannot see that the provision could be for one month rather than three. While I accept the Minister of State's comments on the professionals involved, it is within their professional capacity to implement my amendment. As other Senators and I have said over and over again, time is of the essence in this area. The provision as drafted is impractical. If the...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Ulick Burke: I support Senator Tuffy's amendment. We have acknowledged time and again that parents are the primary educators. If our involvement of parents in this instance is that we will only consult the primary educators, we will have to think again. I hope the Minister of State will acknowledge the primary role of parents as the primary educators in all cases.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Ulick Burke: Is this a pre-run of the disability Bill?

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Ulick Burke: I wish to re-emphasise the points I made regarding a delay of three months as distinct from the one month I proposed in making a decision on a referral and the specific needs regarding assessments and individual plans for children in schools. In regard to those two aspects, there is a possibility and potential for unnecessary delay when it is vital we must move quickly when a need has been...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Ulick Burke: I move amendment No. 11: In page 9, between lines 36 and 37, to insert the following subsection: "(2) Assessments required pursuant to subsection (1) may be carried out within the public or private sector.". This amendment indicates the position in terms of delay in this regard. I referred to the case of an emigrant who on returning home with her family, having been accustomed to adequate and...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Ulick Burke: I suggest respectfully that the Department officials either do not officially acknowledge those assessments or just avoid them to make sure they are in control. I do not know the reasoning behind their decisions, especially in respect of cases where everything was done legitimately. I refer particularly to an instance with which I am very familiar and which I have raised twice with the...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Ulick Burke: That has been the case all evening. The Minister is running ahead.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Ulick Burke: The word "may" is used.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Ulick Burke: As an interim measure, will the Minister of State assure parents who have assessment reports prepared by professionally recognised persons in the private sector, lodged at present in the Department of Education Science — they may be in the dustbin at this stage — and awaiting recognition, for want of a better word, that these reports will be acted upon so delays will not cause children to...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Ulick Burke: They are close to it.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Ulick Burke: It states "will have". What about the assessments that are currently lodged?

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Ulick Burke: Having raised this issue on Second Stage, I wholeheartedly agree with Senator Cox. The Bill effectively excludes anyone aged over 18 years from benefiting from its provisions. It would be an advantage if we could identify legislation which would benefit such persons but we do not have a disability Bill and are not aware of its contents. Reports indicate, however, that the Minister...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Ulick Burke: Children with special needs should be catered for while in full-time education regardless of age.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Ulick Burke: I mentioned on Second Stage that we have already involved the Department of Finance in education and the situation is now further complicated by the involvement of the Department of Justice, Equality and Law Reform. One does not have to turn the clock back far to realise how ineffective the Department of Justice, Equality and Law Reform has been in exercising those aspects of child education...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Ulick Burke: Hear, hear.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Ulick Burke: I move amendment No. 5: In page 7, before section 3, to insert the following new section: 3.—Where both the Department of Education and Science and the Department of Health and Children have joint roles under a provision of this Act, they shall establish a central body with responsibility for the co-ordination of education and health services in these areas.". The Minister of State has...

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