Catherine Murphy (Kildare North, Independent)
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Question 254: To ask the Minister for Education and Science the statutory responsibility and authority the NCSE had prior to the enactment of the Education for Persons with Special Educational Needs Act 2004; the way in which these responsibilities and authority have been altered by the enactment of same; and if she will make a statement on the matter. [36260/05]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The National Council for Special Education was established under the provisions of section 54 of the Education Act 1998. The council's functions are set out in the National Council for Special Education (Establishment) Order 2003, SI No. 270 of 2004. The council is charged with conducting and commissioning research on matters relevant to its functions and, as it considers appropriate, publishing in such form and manner as it thinks fit the findings of such research; advising the Minister for Education and Science on any matter relating to the education of children and others with disabilities, if it is requested by the Minister to do so; making available to the parents of children with disabilities information about their children's educational provision; consulting with schools, health boards and other relevant bodies about the provision of education and support services to children with disabilities; carrying out from time to time general assessments and reviews of the provision of education and related support services to children with disabilities; monitoring the educational progress of children with disabilities and ensuring it is reviewed at regular intervals; and disseminating to schools and parents information about best practice, nationally and internationally, in the education of children with disabilities. In carrying out its functions, the council and its employees are required to act in accordance with any policy direction issued by the Minister.

The functions of the National Council for Special Education, as set out in section 20 of the Education for Persons with Special Educational Needs Act 2004, are to disseminate to schools, parents and such other persons as it considers appropriate information on best practice, nationally and internationally, concerning the education of children with special educational needs; to plan and co-ordinate the provision of education and support services to children with special educational needs, in consultation with schools, the HSE and such other persons it considers appropriate; to plan for the integration of education for students with special educational needs with education for students generally, in consultation with schools and with such persons as the council considers appropriate; to make available to the parents of children with special educational needs information about their entitlements and the entitlements of their children; to ensure that the progress of students with special educational needs is monitored and reviewed at regular intervals; to assess and review the resources required in respect of educational provision for children with special educational needs; to ensure that a continuum of special educational provision is available as required in respect of each type of disability; to review generally the provision made for adults with disabilities to avail of higher education and adult and continuing education, rehabilitation and training and to publish reports on the results of such reviews, which may include recommendations on the manner in which such provision could be improved; to advise all educational institutions on best practice regarding the education of adults who have disabilities; to advise the Minister on any matter relating to the education of children and others with disabilities; to consult with such voluntary bodies as the council considers appropriate, as long as the objectives of such bodies relate to the promotion of the interests of or the provision of support services to persons with disabilities, for the purposes of ensuring that their knowledge and expertise can inform the council's development of policy and planning and provision of support services, and to conduct and commission research on matters relevant to the functions of the council and, as it considers appropriate, to publish in such form and manner as the council thinks fit the findings arising out of such research.

The Education for Persons with Special Educational Needs Act 2004 also confers functions on the council relating to a new statutory assessment and education plan process. It also confers on the council the power to require schools to admitchildren with special educational needs and gives it functions relating to planning for the future educational needs of children for when they become adults. These sections will be commenced having regard to the council's implementation report, which must be presented to the Minister before 1 October 2006. The National Council for Special Education published a call for submissions on the implementation of the Act in the national media on 21 October 2005. The closing date for submissions is 13 January 2006.