Seanad debates

Tuesday, 6 July 2004

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

 

6:00 pm

Margaret Cox (Fianna Fail)

I am happy with the Minister of State's comments but my difficulty remains. By defining a child as someone under the age of 18, there will be a problem. Section 15 provides for a review of the education plans of children within 12 months of them reaching 18 years. They may attend school and have an education plan reviewed and evaluated that year but, in some cases, a child may not attend school during that important year because he or she is out sick for six or nine months. The school will no longer have the necessary supports in place that he or she needs. The child's parents will contact the principal the following September to say their son or daughter is ready to start again but the principal will say he must contact the Department of Health and Children to have an assessment carried out, ascertain whether the education plan is still all right and pursue resources because of the break in the child's school attendance.

If the legislation provided that resources should be provided to such children until they were aged 21, the principal would not have to worry. He would not have to contact health boards and so on and he could deal with the issue himself. This provision should be enshrined in this excellent rights-based legislation. The Minister of State is correct that the Minister for Education and Science is ahead of his time and he should be commended on the legislation. If there is no difference regarding defining the age of a child in terms of continuity, then in the context of constricted finances in the future and other challenges that may have to be faced, the provision of resources should be copperfastened and enshrined in the legislation.

I accept the Minister of State may not have the answer but it is our responsibility to enshrine that right in this legislation. I hope he will convey my comments to the Minister for Education and Science and that he may be able to do something before Report Stage.

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