Seanad debates

Wednesday, 23 June 2004

Education for Persons with Special Educational Needs Bill 2003: Second Stage.

 

12:00 pm

Liam Fitzgerald (Fianna Fail)

I have evidence that they exist in my constituency. When I am at home, my better half constantly informs me of the difficulties that exist. Such difficulties impinge most at junior infant level.

Everyone agrees that justice delayed is justice denied. However, we should also agree that the delay of a service to a child with a special need is a right denied. The damage caused by such a failure can have lifelong consequences. Failure to provide services has a major ripple effect. If an essential service is not provided at the appropriate time, it can cause lifelong damage to a child. In practical terms, it also means that the child in question, who might be extremely disruptive, will be left in a mainstream class until assessed and, subsequently, appropriately placed. This can cause major difficulties for children who can learn in the normal way because the child who needs a special placement might be extremely disruptive in the classroom. There are many matters which must be taken into account in this area.

I welcome the commitment in the Bill to engage with this issue head-on. Where a school principal makes a judgment that a child is not benefiting from the class programme, he or she must take steps to meet that child's educational needs. If the alternative programme that is provided does not meet those needs or the goals the principal deems are appropriate to be set, he or she must assure that the child is assessed within three months. People's representatives will state that we are placing the onus on principals. In official terms I remain a principal and I believe that principals are statutorily responsible for carrying out such duties. The duties to which I refer should not be entrusted to any other member of staff or any other professional. The buck should stop with principals. Other matters, factors, implications and issues relating to resources, etc, must be worked out and I am sure that this will happen. I compliment the Minister on holding firm in respect of the fact that the buck should stop with principals.

I also compliment the Minister on the provision which states that there will be no more waiting lists. There is a five-year implementation period in respect of the Bill. There can be no more waiting lists for assessments and referrals because within one month of an assessment, an appropriate education plan must be in place.

I welcome the principle of integrated education. Taking the approach of providing such education for children with special needs has been a vexed question for many years and it has caused a great deal of controversy. It sometimes comes down to a question of integration versus specialisation and which would be better for a particular child. There are merits on both sides of the argument but I do not believe that these approaches are mutually exclusive. The Minister's plan to favour an integrated approach except in instances where the interests of a child with special educational needs or the ordinary mainstream class are not best served is most positive and will prove most conducive in terms of promoting the development of interpersonal and life skills among children with such needs.

The Bill is a substantial milestone. Despite the doubts, concerns and negative approach of the Opposition, I am extremely confident that the landmark development defined in section 13 will ensure that the framework that is being put in place will operate well in terms of responding to the serious and sensitive needs of children with special educational difficulties.

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