Joe McHugh (Donegal North East, Fine Gael)
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Question 216: To ask the Minister for Education and Science the elements of the special needs disability Act 2004 that have been enacted; the elements of the Act that are outstanding; and if he will make a statement on the matter. [24865/08]

Batt O'Keeffe (Cork North West, Fianna Fail)
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I assume the Deputy is referring to the Education for Persons with Special Educational Needs (EPSEN) Act, 2004. A number of sections of the 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. In addition, 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.

My Department is now 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 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.

My Department's priority is to ensure that the necessary training, guidance and supports are in place to facilitate the commencement of the remaining sections of the 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.

Joe McHugh (Donegal North East, Fine Gael)
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Question 217: To ask the Minister for Education and Science the reason a pupil (details supplied) has had their resource hours cut; if his Department oversees the decisions made by the special educational needs organisers; if there is an appeal process for parents; and if he will make a statement on the matter. [24867/08]

Batt O'Keeffe (Cork North West, Fianna Fail)
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As the Deputy may be aware, the National Council for Special Education is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and special needs assistants (SNAs) to schools to support children with special needs. Applications for SNAs may be considered by the NCSE where a pupil has a significant medical need for such assistance, a significant impairment of physical or sensory function or where their behaviour is such that they are a danger to themselves or to other pupils. The NCSE operates within my Department's criteria in allocating such support.

My officials have been in contact with the NCSE and have been advised that the pupil referred to by the Deputy is currently in receipt of 5 hours resource teaching per week. The pupil in question currently has access to support from a special needs assistant (SNA) on a full time basis. It has been determined that the SNA will be able to support the care needs of this pupil and another pupil in the school with effect from September 2008. The school has agreed to implement this arrangement. The NCSE will undertake to review a decision taken by a SENO on foot of a request from a school or parents/guardians, when accompanied by relevant additional information, which may not have been to hand at the time of the decision. The NCSE has outlined this process in its Circular 01/05.

All schools have contact details of their local SENO. It is also open to parents to contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie. I understand that the SENO will be in contact with the parents in the near future.