Written answers

Tuesday, 13 May 2008

Department of Education and Science

Special Educational Needs

9:00 pm

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 456: To ask the Minister for Education and Science the progress in regard to the commitment given in the programme for Government to provide each child with special needs with the right to an individual education plan. [18427/08]

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 457: To ask the Minister for Education and Science the progress in regard to the commitment given in the programme for Government to implement the Education for Persons with Special Educational Needs Act 2004 in full. [18428/08]

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 458: To ask the Minister for Education and Science the progress in regard to the commitment given in the programme for Government to improve second level provision for children with special needs. [18429/08]

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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Question 471: To ask the Minister for Education and Science the progress made in regard to the commitment given in the programme for Government to complete the roll out of the Education for Persons with Special Educational Needs Act 2004, giving all children with special needs, the right to an individual education plan to ensure the best outcome for them, and putting in place a new appeals procedure. [18530/08]

Photo of Batt O'KeeffeBatt O'Keeffe (Cork North West, Fianna Fail)
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I propose to take Questions Nos. 456 to 458, inclusive, and 471 together.

As the Deputies will be aware, a number of sections of the Education for Persons with Special Educational Needs (EPSEN) Act, 2004 have been commenced, principally those establishing the National Council for Special Education (NCSE) and those promoting an inclusive approach to the education of children with special needs. Specifically, the following sections have been commenced — 1, 2, 14(1)(a), 14(1)(c), 14(2) to 14(4), 19 to 37, 40 to 53.

When the Education for Persons with Special Educational Needs Act, 2004, was enacted it was recognised that implementation would require a considerable change agenda, in order to further develop and support inclusive schools as the cornerstone of special education needs provision.

The National Council for Special Education was required under the Act to make a report on the implementation of the Act. Following consideration of the issues raised in the Council's implementation plan, and the consultations to date with the Education Partners, it is envisaged that the five year timeframe to 2010 acknowledged in the legislation is the appropriate period in which to implement the provisions of the Act in full.

My Department is at an advanced stage in finalising proposals to facilitate implementation of the remaining sections, including the provisions in respect of assessment and individual education plans (IEP). The time taken to finalise proposals is as a result of the complexities involved, the need for consultation across the wide range of people and sectors involved, the need to align with the requirements of the Disability Act and define protocols and guidelines in regard to how the Health Service Executive (HSE) and NCSE will work together under both acts.

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, is to ensure that the necessary training, guidance and supports are in place to facilitate the commencement of the remaining sections of the Act.

In parallel with these processes, my Department has also advanced a number of areas relevant to the implementation of EPSEN:

proposals for pre-school services developed

establishment of the Standards Body

recruitment of additional staff for the Council and staffing review of the NCSE

appointment of Chairperson and members to the Special Education Appeals Board

recruitment of educational psychologists

review of the scheme for commissioning private assessments

publication of agreed standards for assessment

contributing to assessments under the Disability Act

It must also be acknowledged that, during this necessary period of preparation and planning for the roll-out of the EPSEN Act, my Department continues to expand capacity and services for students with special educational needs across the schools network through the work of the National Council for Special Education.

With regard to second level provision, the Programme for Government commits to improve post-primary provision for children with special educational needs. Inclusive mainstream education is now the desire of the vast majority of parents and the inclusion of children with a range of additional needs is a growing issue for all schools, including those at post-primary level. My Department considers that the process of implementing the EPSEN Act is an appropriate framework in which to further develop the continuum of appropriate provision for post-primary age children. Specific proposals are being developed to advance post-primary provision for students with special education needs in this context.

The Deputy may wish to note that the development of the "Inclusion of Students with Special Educational Needs: Post-Primary Guidelines" published by my Department's Inspectorate in June 2007 is a further component of the preparation for the roll-out of the EPSEN Act in post-primary level schools. These guidelines, which were circulated to all second level schools, advocate a whole-school approach to effectively meet the educational needs of special needs students. Practical advice and guidance are provided on the organisation and co-ordination of resources to maximise the support to each individual student.

Furthermore, in preparation for the statutory introduction of the individual education plan (IEP), the NCSE has published guidelines on the IEP process and a copy issued to all primary and post primary schools at the commencement of the 2006/2007 school year. These guidelines provide advice and assistance to schools, teachers and parents on devising and implementing individual education plans. It is intended that schools will use these guidelines to develop school practices and procedures in relation to individual education plans in advance of the mandatory requirement for them to do so.

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