Brian Hayes (Dublin South West, Fine Gael)
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Question 670: To ask the Minister for Education and Science the progress made in relation to the programme for Government proposal to provide each child with special needs with the right to an individual education plan. [28719/08]

Brian Hayes (Dublin South West, Fine Gael)
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Question 671: To ask the Minister for Education and Science the progress made in relation to the programme for Government proposal to implement the Education for Persons with Special Educational Needs Act 2004 in full. [28720/08]

Brian Hayes (Dublin South West, Fine Gael)
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Question 672: To ask the Minister for Education and Science the progress made in relation to the programme for Government proposal to improve second level provision for children with special needs. [28721/08]

Brian Hayes (Dublin South West, Fine Gael)
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Question 685: To ask the Minister for Education and Science the progress made in relation to the programme for Government proposal 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. [28734/08]

Batt O'Keeffe (Cork North West, Fianna Fail)
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I propose to take Questions Nos. 670, 671, 672 and 685 together.

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.

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 are being considered in the context of the 2009 estimates 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 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. 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.

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

Proposals for preschool 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

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.

The Programme for Government commitment to improve post-primary provision for children with special educational needs is being progressed in the context of the proposals for the implementation of the EPSEN Act. 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 key 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.

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.