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Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: A balancing provision is better than giving one or the other an absolute and total right at all times. Making provision for appeals is a reasonable safeguard.

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I move amendment No. 45: In page 8, lines 30 and 31, to delete "educational disability" and substitute "special educational needs".

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I move amendment No. 48: In page 9, line 17, to delete "an educational disability" and substitute "special educational needs".

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I have checked this with the Office of the Parliamentary Counsel and have been informed that the current draft of the provision is in order, does not require amendment and it would be safer to leave it as it is.

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I move amendment No. 52: In page 9, line 21, to delete "an educational disability" and substitute "special educational needs".

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I move amendment No. 54: In page 9, line 21, after "shall" to insert ", unless an assessment under section 3 of the child is being or has been carried out," This amendment relates to a point that was made by Deputy O'Sullivan yesterday. It will ensure that the council or the health board will not be obliged to carry out an assessment of a child if an assessment has been or is in the process...

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I move amendment No. 57: In page 9, line 23, after "child" where it secondly occurs to insert "has or". Deputy O'Sullivan and I agree about the need for this amendment. I thank Deputy O'Sullivan for raising the drafting issue on Committee Stage

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I move amendment No. 58: In page 9, line 24, to delete "an educational disability" and substitute "special educational needs".

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I move amendment No. 60: In page 9, line 29, to delete "3 months" and substitute "1 month". This amendment relates to time limits. It was suggested on Committee Stage that the timeframe for the beginning of an assessment could be reduced from three months. Having considered the suggestion, I agree with the basis for it. I have proposed amendment No. 60 to reduce the period to one month. As a...

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I move amendment No. 63: In page 9, lines 36 and 37, to delete "an educational disability" and substitute "special educational needs".

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: Deputy O'Sullivan's amendment is no longer necessary because we have taken on board what she has proposed. As a result of amendment No. 34, which was agreed yesterday evening, school-based assessments must also include "a statement of the findings" as an inherent part of the assessment process. We have also set out the timeframes that apply to it. The Deputy wants all assessments to include a...

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: It was notable that when the Deputies opposite spoke about providing for children with special needs, they used the word "services" more often than "resources". In the context of the Bill, the word "services" is more appropriate. Section 12 deals with the question of resources and how they might be prioritised and so on. We are talking about a statement of the services that a child will need,...

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: In amendment No. 102, I propose that a deadline for the preparation of a plan by the council or health board should be included. These plans must accommodate children with more complex needs and this will take more time. Therefore, I propose a time limit of one month in which to commence a plan and a further two months for its completion. The one month suggested by the Deputy is not feasible...

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: Yes, if necessary.

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: Section 8(1) makes it clear that an education plan must be prepared by the council and the health board if the assessment shows that the child has a special educational need. What the Deputy is trying to cover is dealt with in that subsection.

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I apologise for that. In future I will wait until everybody has contributed. I have indicated that a month would be too short but we amended that yesterday. What the Deputy is seeking in this amendment is catered for already in section 8(1). Deputy John Bruton mentioned multiannual funding and with his vast experience in the Department of Finance he will be aware of the difficulty in getting...

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I move amendment No. 68: In page 10, line 6, to delete "Board." and substitute "Board; such an appeal shall be determined by the Appeals Board within 6 weeks from the date that it receives the appeal.". Deputies Enright and Stanton have suggested that an appeal against a refusal to accede to a request for an assessment should take place within six weeks. At present, there is no time limit for...

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I move amendment No. 72: In page 10, line 14, after "expertise" to insert "and qualifications". On Committee Stage, Deputies Enright and Stanton made the point that experts permitted to participate in the assessment process should have recognised qualifications. That obviously makes sense so I have proposed this amendment to section 5 in order to reflect and underline that point.

Written Answers — Site Acquisitions: Site Acquisitions (4 May 2004)

Noel Dempsey: When I published the 2004 schools building programme, I stated that my strategy will be grounded in capital investment based on multi-annual allocations. My officials are reviewing all projects which were not authorised to proceed to construction as part of the 2004 programme, with a view to including them as part of a multi-annual programme from 2005. I expect to be in a position to make...

Written Answers — Computerisation Programme: Computerisation Programme (4 May 2004)

Noel Dempsey: My Department operates a scheme of grants to primary and post-primary schools to facilitate the purchase of special equipment, including computers, for the use of pupils with special educational needs. An application for a home computer for the pupil referred to by the Deputy was received in my Department on 23 September 2003. The matter was referred to my Department's inspectorate, which...

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