Emmet Stagg (Kildare North, Labour)
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Question 276: To ask the Minister for Education and Science if he will confirm that the Education for Persons with Special Educational Needs Act 2004 will be implemented in full across all ages in order to avoid children being without services or education. [27895/08]

Emmet Stagg (Kildare North, Labour)
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Question 278: To ask the Minister for Education and Science the timeframe for the completion of negotiations between his Department and the Department of Health and Children with the Health Service Executive for the implementation of the Education for Persons with Special Educational Needs Act 2004. [27897/08]

Batt O'Keeffe (Cork North West, Fianna Fail)
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I propose to take Questions Nos. 276 and 278 together.

As the Deputy will be aware, a number of sections of the Education for Persons with Special Educational Needs (EPSEN) Act 2004 has 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.

The National Council for Special Education was required under the Act to make a report on the implementation of the Act. Based on consideration of this report and discussions held with the Education Partners, my Department has been drawing together 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. These proposals will now be considered in the context of the Estimates 2009 process.

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

Proposals for pre-school assessment services developed;

Collaboration with the Department of Health and Children in relation to the 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.

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.

I would also point out 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.

Emmet Stagg (Kildare North, Labour)
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Question 277: To ask the Minister for Education and Science if, in view of the statistical growth of children with special needs at both primary and secondary level, within both inclusive class environments and special class or unit settings, the Health Service Executive has kept pace with the provision of service to students of special needs and autism units in primary and secondary schools. [27896/08]

Batt O'Keeffe (Cork North West, Fianna Fail)
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As the Deputy will be aware, the provision of health services is a matter for the Health Services Executive (HSE) and funding is provided to the HSE for such purposes. The Deputy may wish to raise the matter with my colleague the Minister for Health and Children or directly with the Health Service Executive.