Lynn Ruane (Independent) | Oireachtas source

I thank the Minister of State for her comprehensive response. There are parts of the Education for Persons with Special Educational Needs, EPSEN, Act that have not been commenced but there are also parts that need to be amended.

I obviously agree that the transfer from one school to another at the request of the parties does not fall into the idea of a breakdown. I refer to schools specifically set up for children with special needs who are then expelled because of their actual disability or special need for which they were admitted, for example, where a melt-down is being reframed as violent or as being an assault, when the entire reason they are in that special school and for the existence of that special school is because of those very behavioural issues. It makes no sense that we have a special school that cannot deal adequately with breakdowns or meltdowns of children. This is especially the case when it comes to the section 29 piece which relates to a completely different comparison.

I remember when working in the homeless sector a person was presenting with extreme mental health issues. Having raised these issues in the interview process and admitting to them, the person was excluded from the hostel because they displayed these mental health issues. I wondered was that not why the homeless services existed there in the first place.

I want to make the point strongly that when we reach the point where section 29 has to be used or there has to be an appeal, we should not be allowed to expel children for displaying the actual disability or special need for which they were enrolled in the school in the first place.