David Stanton (Cork East, Fine Gael)
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Question 104: To ask the Minister for Education and Science, further to Parliamentary Questions Nos. 62 and 63 of 13 November 2007, when the Special Education Appeals Board will be operational; if he has concluded developing proposals for the implementation of the Education for Persons with Special Educational Needs Act 2004; when he expects the Act to be implemented in full; and if he will make a statement on the matter. [19971/08]

Batt O'Keeffe (Cork North West, Fianna Fail)
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As the Deputy 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. The Special Education Appeals Board (SEAB) was established in April 2007, under section 36 of the EPSEN Act 2004, to hear and determine appeals pursuant to a number of sections of the Act. The Board comprises a Chairperson and two ordinary members, each of whom have a special interest in, or knowledge of, education and in particular the education of persons with special educational needs. The Board is continuing to identify the resources and processes it will need to put in place to ensure that it will be ready to fulfil its role once the relevant sections of the Act are commenced. As part of the associated extensive research process the board is being supported by a research consultancy group.

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 now at an advanced stage in finalising proposals on this basis 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 reflects 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, 2005 and define how the Health Service Executive (HSE) and NCSE will work together under both acts. A Cross-Sectoral Team, comprising representatives from my Department, the Department of Health and Children, the NCSE and the HSE, is currently developing operational protocols to outline how the two sectors will interact in accordance with the legislative framework. All parties are approaching this work with a view to determining how the assessment of need and education/health planning process can be aligned in the best interests of people with disabilities and their families. It is envisaged that these protocols will be finalised shortly.

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.