Brian Hayes (Dublin South West, Fine Gael)
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Question 1190: To ask the Minister for Education and Science the progress made in regard to the commitment given in the programme for Government to provide each child with special needs with the right to an individual education plan; and if he will make a statement on the matter. [29448/09]

Brian Hayes (Dublin South West, Fine Gael)
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Question 1191: To ask the Minister for Education and Science the progress made in regard to the commitment given in the programme for Government to implement the Education for Persons with Special Educational Needs Act 2004 in full; and if he will make a statement on the matter. [29449/09]

Brian Hayes (Dublin South West, Fine Gael)
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Question 1203: To ask the Minister for Education and Science the progress made in regard to the commitment given in the programme for Government 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; and if he will make a statement on the matter. [29463/09]

Batt O'Keeffe (Cork North West, Fianna Fail)
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I propose to take Questions Nos. 1190, 1191 and 1203 together.

The Deputy will be aware that a significant 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 educational 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 Deputy is also aware that the EPSEN Act makes provision for an education plan for each individual pupil with special educational needs, and this will become mandatory when the relevant sections of the Act are commenced. In preparation for this, the NCSE have published guidelines on the Individual Education Plan 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.

The Special Education Appeals Board (SEAB) was established under the EPSEN Act, to hear and determine appeals under the Act. Board members are presently working to ensure that appropriate structures and processes will be in place once the relevant sections of the act, which would allow appeals to be undertaken, are commenced.

As required under the Act, the NCSE provided a report making recommendations regarding the implementation of EPSEN which suggested additional investment over a period of years of up to €235m per annum across the education and health sectors. Having considered the NCSE report, and consulted with the education partners, the Department of Health and Children and the HSE, my Department identified a range of options for the implementation of EPSEN. My Department's opinion is that the level of investment required would be greater than that envisaged in the NCSE report.

In the light of the current financial circumstances, it is therefore not possible to proceed with full implementation in 2010 as originally envisaged. However, the Government will keep the matter under review and is committed to the full implementation of EPSEN at the earliest possible date.

I want to reiterate that children with special educational needs will continue to receive an education appropriate to their needs. The NCSE will continue to support schools, parents and children, and teachers and special needs assistants will continue to be deployed to schools to meet children's needs. Additional funding was provided as part of last October's budget and is being used to strengthen and enhance health and education services and continue the preparation for the full implementation of the Act at a later date.

Brian Hayes (Dublin South West, Fine Gael)
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Question 1192: To ask the Minister for Education and Science the progress made in regard to the commitment given in the programme for Government to improve second level provision for children with special needs; and if he will make a statement on the matter. [29450/09]

Batt O'Keeffe (Cork North West, Fianna Fail)
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A key priority for the Government over the past decade has been to improve the provision of additional resources for all pupils with special educational needs (SEN), including those attending post-primary schools.

Second level schools should be informed and guided in their support of students with SEN by the guideline document "Inclusion of Students with Special Educational Needs: Post-Primary Guidelines". This was produced by the Inspectorate of my Department in 2007 and provides practical advice and guidance to schools on the organisation and co-ordination of resources to maximise the support to each individual student.

My Department, either directly or through the National Council for Special Education, provides for a range of supports in second level schools to enable them cater for students with SEN. These supports include additional teachers, special needs assistants, investment in assistive technology, specialist equipment and special transport arrangements.

The precise model of provision made available at second level will depend on the assessed needs of the students involved. A key priority for my Department is to facilitate the maximum possible inclusion of students with special educational needs while always allowing for individuals for whom inclusion with mainstream peers may not be in their best interests.

Some students are capable of attending ordinary classes on an integrated basis with additional teacher and/or special needs assistant support. In other cases, the provision of special dedicated classes within the school may be the more appropriate response. Such special classes operate at significantly reduced pupil teacher ratios.

At present there are over 4,700 adults working solely with students with special educational needs in second level schools, including over 2,700 teachers and more than 2,000 Special Needs Assistants.

While the increase in such supports over the last 10 years has significantly improved second level provision for students with SEN, the Programme for Government commitment was also being considered in the context of the proposals for the implementation of the Education for Persons with Special Educational Needs (EPSEN) Act. In the light of the current financial circumstances, it is not possible to proceed with full implementation of EPSEN in 2010 as originally envisaged. However, the Government will keep the matter under review and is committed to the full implementation of EPSEN at the earliest possible date.

Although implementation of the Act has been deferred, my Department continues to support schools, parents, children and teachers in providing for an appropriate education for pupils with SEN. I want to reiterate that students with special educational needs will continue to receive an education appropriate to their needs. The National Council for Special Education will continue to support schools, parents and children, and teachers and special needs assistants will continue to be deployed to schools to meet children's needs. Additional funding was provided as part of last October's budget and is being used to strengthen and enhance health and education services and continue the preparation for the full implementation of the Act at a later date.