David Stanton (Cork East, Fine Gael)
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Question 249: To ask the Minister for Education and Science if, with reference to his Dáil speech of 15 October 2008, he will explain in detail the sections of the Education for Persons with Special Educational Needs Act 2004 that are being deferred until after 2010; when he expects each of these sections to be implemented in full; and if he will make a statement on the matter. [37664/08]

Batt O'Keeffe (Cork North West, Fianna Fail)
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The Deputy will be aware that the following sections of the Education for Persons with Special Educational Needs (EPSEN) Act have been commenced — 1, 2, 14(1)(a), 14(1)(c), 14(2) to 14(4), 19 to 37 and 40 to 53. These sections are mainly concerned with the establishment of the National Council for Special Education (NCSE) and with promoting an inclusive approach to the education of children with special needs.

The sections of the EPSEN Act that have been deferred are those mainly concerned with the assessment of need process, preparation and review of individual education plans (IEPs) and appeals in relation to these areas. A small number of sections refer to interaction between the NCSE and health boards (HSE). The full list of deferred sections is — 3 to 13, 14(1)(b), 14(1)(d), 14(1)(e), 14(1)(f), 15 to 18, 38 and 39.

It is not possible to commence the EPSEN Act incrementally by age cohort, therefore the provisions of the Act especially regarding assessments and IEPs will have to be commenced for all children at the same time. This imposes a requirement to have the necessary systems and trained personnel in place to deliver, for all children, on the entitlements arising from the Act. To do this, the NCSE report identified a requirement for incremental additional investment over a period of 4 years of up to €235m per annum across the education and health sectors. My Department's opinion is that the level of investment required would be greater than that.

In the light of the current financial circumstances, it is therefore not possible to proceed with implementation. In the current economic circumstances it is also not possible to state when implementation will occur. However, services for children with special educational needs will still be available on a non-statutory basis and will continue to be enhanced and strengthened in preparation for the full implementation of the Act at a later date.