Seanad debates
Tuesday, 6 July 2004
Education for Persons with Special Educational Needs Bill 2003: Committee Stage.
7:00 pm
Joanna Tuffy (Labour)
The way the legislation is worded gives rights to parents but they are limited rights. Parents can request an assessment or there are certain decisions they can appeal when an education plan is drawn up. I will deal with this point later, but parents cannot appeal in regard to the contents of an education plan in terms of what is required by the student, although they can appeal in regard to other aspects. The provisions of the legislation keep parents on the sideline and does not involve them centrally in the drawing up of the plan. That is the purpose of my amendment, which proposes they should be involved in a partnership manner in the drawing up of the plan.
The Minister of State said that by introducing the word "partnership", one is introducing uncertainty in the legislation. I am sure many members of the public would say they are not happy with the interpretation of the word "consult" when it is implemented in practice. That view could be applied to many areas where apparently there is public consultation. While people are of the view they are consulted, when it comes down to a decision their views are not taken on board. What we are seeking to achieve should be central to the legislation. It is to involve parents in the preparation of the plan and in deciding on its contents. Surely that is an objective we should have. If we do not insert it in the legislation, it probably will not come into play as much as it should. In many cases parents might be excluded from participation in the drawing up of the plan, except in terms of adhering to the basic notion of whatever it means to consult people.
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