Brian Lenihan Jnr (Dublin West, Fianna Fail)

School-based assessments and education plans under section 3 are aimed at children whose needs are less complex or severe. If it is clear that a child has a disability or has complex needs, for example, a dual impairment, it is open to the parents to seek an assessment from the health board or the council. Therefore, there is no question of restricting the right of access of a parent to the council or a health board. The parent does not and should not have to wait while a principal applies other educational measures short of having an assessment carried out.

As was outlined on Second Stage, a disability can often be obvious very early in a child's life. Therefore, there is no need to wait until the child begins school to start receiving the services he or she needs. Parents can apply to the health board for an assessment under this legislation as soon as they believe their child may have a disability. I fail to understand the precise point the Senator is seeking to address by inserting the additional provision that the principal can request the council to prepare an education plan under section 7 because, in any event, the parents have a right to seek it.