Catherine Murphy (Kildare North, Independent)
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Question 248: To ask the Minister for Education and Science if her Department has a legal responsibility to provide for the continued provision of speech therapy, language therapy, occupational therapy and psychological services where children in need of such services move from primary to secondary school education; and if she will make a statement on the matter. [36218/05]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Section 7 of the Education Act 1998 confers a function on the Minister for Education and Science to ensure that appropriate education and support services are provided to children, including children with special educational needs. The State delivers therapies through the Health Services Executive, HSE, which is funded by the Oireachtas to provide such services. This is made clear by sections 7(5) and (6) of the Education Act 1998, as amended by the Education for Persons with Special Educational Needs Act 2004 and Health Act 2004.

These provisions state that, following consultation with the Minister for Health and Children, the Minister for Education and Science can call on the HSE to assist her in providing, planning and co-ordinating support services, and the HSE is obliged to comply with this request. These provisions took effect on 14 July 2005. Section 9 of the Education for Persons with Special Educational Needs Act 2004 will also have a relevance in this context, when it is commenced. It provides that where a child who has an education plan is to be transferred from one school to another, there must be consultation between the schools before the transfer takes place. This is intended to ensure that the second school knows the content of the education plan and is assisted in amending the plan, where this is necessary, having regard to the special educational needs of the child and the operation of that school.

Where an amendment to the education plan is proposed in these circumstances, the principal of the new school will consult with the relevant special educational needs organiser if requested to do so by the parents. If necessary, the needs organiser can reconvene the education plan team for the purpose of reviewing the content and implementation of the plan and may, as a consequence of that review, amend the plan.