Seanad debates

Wednesday, 23 June 2004

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

 

12:00 pm

Photo of Mary O'RourkeMary O'Rourke (Fianna Fail)

The effect of the provision will be to provide parents and others with a further mechanism to ensure resources are made available to implement the Bill, as a failure to make adequate resources available may result in grounds for a judicial review of the actions of the Ministers. The Bill allows for a judicial review, which is a strong provision. We can all express sympathy and concern but resources are the issue.

The Dyslexia Association of Ireland is a wonderful group with which I have had many dealings as is the group which deals with attention deficit disorder. We were aware of dyslexia but the other terms are modern terms for educational needs; they were always there but they did not have a title. Every teacher who has ever taught knows the pupils in his or her class with those needs. The teacher had no way of addressing those needs and could only try to give extra time or be helpful in some way to those students. There were no means for the teacher to address the special needs of that child even when help was needed. The child's potential is very important.

In 1990 during the Irish EU Presidency, I was responsible for the Education Council. We brought forward the directive on inclusion of children with special needs in mainstream classes in cases where it was of benefit to the child. The other children also benefited from being in daily contact with a child with special and different needs to theirs. There is a place for everyone. I always treated that directive with a sense of caution and caveat. Every parent wants the best for their child. I was fearful there might be an emphasis on pushing a child who was not able for it into mainstream education. However, that is dealt with in the legislation. The children are within the ambit of mainstream education but with special needs education provided if necessary. There is a right to assessment and to an educational plan for the child and a right to be considered and to use the appeals mechanism. There is also the ultimate right of going to court to secure education if it is not provided. It is to be lamented that cases have arisen where parents were forced to go to court to achieve the constitutional right to special education services for their child.

I am pleased that a time span of one to three months is provided for the review and the plan. If at the end of that time, the plan has not been provided, the family can go further in the appeals mechanism. Bureaucracy can be a waste of time and resources. If bureaucracy allows for a delay while plans are being formulated or a review is being carried out, there is a further redress. This is all contained in this complex legislation. The steps to be taken by the child and his or her parents or guardians are clearly laid out. The Bill is a charter of rights for children with special needs and is long overdue. I look forward to participating on Committee Stage and making a helpful contribution to this legislation.

I welcome the opportunity to contribute to the debate and look forward to further good debates on the issue in the House. I also look forward to the enactment of the legislation, which I hope will be operable by September when the new school year begins.

Comments

No comments

Log in or join to post a public comment.