David Stanton (Cork East, Fine Gael)
Link to this: Individually | In context

Question 207: To ask the Tánaiste and Minister for Education and Science the sections and subsections of the Education for Persons with Special Educational Needs Act 2004 which would need to be implemented to allow the Special Education Appeals Board to begin hearing appeals; the estimated cost of implementing same in one full year; the nature of appeals which SEAB will be charged with hearing; and if she will make a statement on the matter. [13317/10]

Mary Coughlan (Donegal South West, Fianna Fail)
Link to this: Individually | In context

The Education for Persons with Special Educational Needs (EPSEN) Act, 2004 provides for the establishment of the Special Education Appeals Board to hear and determine appeals under the act. The appellant sections of the Act which have not yet been commenced are: Sections 3 (13), 4(7), 6 (1), 7(5), 10(3) (6), 11(6), 12(1a), 12(1b) and 39(5). These sections if commenced would provide for appeals to be taken by parents, principals or boards of managements of schools on a range of issues as stated in the relevant sections.

As the Deputy is aware, the commitment in the renewed Programme for Government is to develop, in consultation with stakeholders, a costed multi-annual plan to implement some priority aspects of the EPSEN Act, focussing on measurable, practical progress in education and health services for children with special needs. All parts of the EPSEN legislation, which have not been commenced to date, will be considered during this process.

Since its establishment, the Board has developed draft procedures which could be used to consider appeals once the relevant sections of the EPSEN Act are commenced. In considering the requirements of the appeals process which would be required under EPSEN, the Board members have examined the range of legal issues associated with such a process. In this context they have also reviewed the outcome of judicial reviews of education decisions and looked at the structures and procedures in other tribunal fora. Costs associated with approved appeals procedures will also be included in implementation estimates.

David Stanton (Cork East, Fine Gael)
Link to this: Individually | In context

Question 208: To ask the Tánaiste and Minister for Education and Science the number of appeals from parents and schools regarding special education needs organiser decisions and special needs assistants allocations which have been received by the National Council for Special Education since its internal appeals process began on 22 February 2010; if parents and schools who are unhappy with SENO decisions made prior to 22 February 2010 will have the opportunity to appeal these decisions using the same appeals process; and if she will make a statement on the matter. [13318/10]

Mary Coughlan (Donegal South West, Fianna Fail)
Link to this: Individually | In context

I wish to advise the Deputy that the issues he has raised are an operational matter for the National Council for Special Education (NCSE). My Department does not keep a record of such activity.

The Deputy may wish to raise these issues directly with the NCSE.