Kathleen Lynch (Cork North Central, Labour)
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Question 65: To ask the Minister for Education and Science the sections of the Education for Persons with Special Educational Needs Act 2004 that have been implemented; the sections that remain to be implemented; and if she will make a statement on the matter. [10719/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The Education for Persons with Special Educational Needs Act was enacted in July 2004. The following sections have been commenced:- 1, 2, 14(1)(a), 14(1)(c), 14(2) to 14(4), 19 to 37, 40 to 44, 45-49 and 50 to 53. The remaining sections have not yet been commenced.

The remaining sections relate mainly to the statutory assessment and education plan process for which the Act provides. These cannot come into effect without the National Council for Special Education (NCSE) having an opportunity to present an implementation report to my Department. The Council recently submitted its implementation report and this is currently being considered by my Department.