David Stanton (Cork East, Fine Gael)
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Question 62: To ask the Minister for Education and Science, further to Parliamentary Question No. 550 of 6 February 2007, when the Special Education Appeals Board will become operational; the remaining sections of the Education for Persons with Special Educational Needs Act 2004 which have to be fully implemented; the time-scale for same; and if she will make a statement on the matter. [28461/07]

David Stanton (Cork East, Fine Gael)
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Question 63: To ask the Minister for Education and Science the estimated number of school children with special educational needs; the number who have applied for assessment under the Education for Persons with Special Educational Needs Act 2004; the number who have received assessment; the number of these who have received individual education plans as a result; and if she will make a statement on the matter. [28462/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 62 and 63 together.

The Education for Persons with Special Educational Needs (EPSEN) Act 2004 was enacted in July 2004. The Special Education Appeals Board (SEAB) was established under section 36 of the EPSEN Act to hear and determine appeals pursuant to a number of sections of the Act. Members of the inaugural appeals board have been appointed and are currently working on the development of processes and procedures which need to be in place before the relevant sections of the Act, which provide for appeals, are commenced. 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.

As the EPSEN Act does not provide for phased commencement by age cohort the education sector must be in a position to provide the required services to all children before the relevant provisions are commenced. My Department's priority, therefore, has been to put in place the resources required for children with special educational needs and to ensure that the necessary supports are in place to facilitate the commencement of the remaining sections of the EPSEN Act. At primary level, there are now over 6,000 teachers working directly with children with special educational needs compared with fewer than 1,500 in 1998. At post primary level, over 2,450 whole-time equivalent teachers support special needs students compared with 200 in 1998. The number of Special Needs Assistants (SNAs) has increased from 300 in 1998 to over 8,800 in 2007 and the amount allocated for assistive technology has increased from less than €1m in 1998 to €3m in 2007.

The National Council for Special Education was required by the legislation to advise on implementation of the Act. My Department has been examining the Council's advice and in this connection has held a series of consultations with the education partners on implementation issues. Arising from this process my Department is developing proposals for the implementation of the Act. It is hoped to complete this work shortly. At the same time my Department continues to provide for the allocation of additional resources through the Council to enhance the capacity of the education system to meet special educational needs.

My Department has also been collaborating with the Department of Health and Children, the National Council for Special Education and the Health Service Executive to ensure that the implementation of the EPSEN and Disability Acts are progressed in a co-ordinated manner. To this end a Cross Sectoral Group representative of officials from the education and health sectors has been established to progress the work in these areas.

There are varying estimates of the number of children with special educational needs. The National Council for Special Education is currently compiling data on children in respect of whom resources have been allocated and has also indicated that it proposes to strengthen the area of prevalence data. My Department will support the Council's efforts in this regard. As outlined above, the sections of the EPSEN Act in respect of assessments and individual education plans have not yet commenced. However as already stated services continue to be provided to children with special educational needs on a non-statutory basis.