Joe O'Toole (Independent)

I have a major doubt that this will be the case. I cannot accept that there is anything revolutionary about section 13. If there is anything revolutionary in the Bill, it may be contained in section 9(7) which states that a principal shall make resources available. That is new but, unfortunately, its effect is immediately emasculated by section 13.

The Minister of State was correct to indicate that the Bill has been changed substantially. I listened to much of the debate in the Lower House and I must state that the Minister took an extremely co-operative approach. The latter was also the case when the Bill, in its original form, was taken in this House. The Minister accepted a number of crucially important proposals from me at that time, including that relating to section 9 and the fact that resources shall be made available.

I wish to consider how the Bill will work. If we take a child-centred approach to the operation of the legislation, how can we make it work? If a child at pre-school level or junior infant level presents with a learning problem or an special educational need of some description, under the legislation the principal will be required to become involved. During my contribution, I will return to the additional demands being made on principals because some recognition must be given to the fact that support structures must be put in place for principals and staff. It is not good enough to merely dump work on them without also considering how they will deliver within the circumstances in which they find themselves and the time available to them.

If, as already stated, a child presents with a particular problem or need, the principal must take control. Under the legislation, he or she will be required to have an assessment carried out. Let us consider how a psychological assessment might be carried out. There are three ways in which this can be done, first, the National Educational Psychological Service can carry out the assessment; second, a private assessment, in respect of which the Department will refund costs, may be commissioned; and third, the board of management of the school or the parents pay for the assessment which, appallingly, is becoming increasingly common.

I wish to pose a question, the answer to which will clearly indicate whether Senator Ulick Burke is correct about the issue of resources. Let us consider a situation where a principal wants to have a child assessed but his or her school does not come under the NEPS scheme or, in terms of private assessments, he or she is restricted to two per 100. Section 9(7) states that a principal shall be given resources for the preparation and development of an education plan. Having an assessment carried out is part of that preparation. The only interpretation that can now be made in this regard is that the principal or board of management, in consultation with the parents, can arrange for a private assessment to be carried out and will be entitled to seek the resources for doing so from the Minister for Education and Science. Is that the case? That is a simple question and I look forward to the Minister of State's reply.

If the answer to this question is not a clear "yes", that is the first indication that section 13 is not revolutionary and that we are being presented with the same old story, namely, a lack of resources. If it is the case that a principal can proceed with an assessment and ensure it is carried out within the one to three month period stipulated in the Bill, I acknowledge that is a huge step forward. Senator Burke would also acknowledge that. He referred to the letter from a school principal outlining the difficulty of observing a child with special needs and being unable to meet his or her demands and the frustration and worry shared by the child's parents and the board of management. This sense of frustration is something which Members from both sides of the House have experienced.

Suppose the assessment is concluded and the result is conveyed to the principal. Either the principal or a designated teacher shall then "cause to have prepared" the education plan, originally termed an individual education plan. There is a set of objectives for the education plan, stipulated in section 9(2). Nobody can argue with these objectives and I acknowledge the Minister accepted amendments to improve them. They constitute a fine set of goals. I want to focus on two of them, however. Section 9(2)(e) specifies as an objective that "the special education and related support services to be provided to the child to enable the child to benefit from education and to participate in the life of the school". Paragraph (f) reads "where appropriate, the special education and related services to be provided to the child to enable the child to effectively make the transition from pre-school education to primary school education". These provisions are clear and certain and that is something both Senator Ulick Burke and I welcome. They address the needs of the child, which could be a variety of things such as support from an educational psychologist or perhaps even a clinical psychologist if appropriate. The provision certainly envisages the necessity for the assistance of a therapist of some kind, speech or otherwise. Some remediation may be required or even counselling in the case, for example, of a child who has gone through some traumatic experience that has led to his or her special education needs.

Section 9(7) states that:

The principal of the school concerned shall implement an education plan, and, for the purpose of preparing and implementing that plan, that school shall be provided with the necessary moneys and support services in accordance with section 13.

Unsurprisingly, however, section 13 states that the agreement of the Minister for Finance is necessary. I shall let that pass and will not rain on the Government's parade at this time. I am prepared to sit back and reserve judgment until I see that my doubts and scepticism are utterly unfounded and that cheques will flow from the Department of Education and Science to the schools around the country which need this sort of support.