Written answers

Tuesday, 21 April 2015

Department of Education and Skills

Legislative Process

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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576. To ask the Minister for Education and Skills her plans regarding the Education for Persons with Special Educational Needs Act 2004; the sections of the Act which have been implemented fully, and those sections which require further work and funding; and if she will make a statement on the matter. [15241/15]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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I wish to advise the Deputy that a number of sections of the EPSEN Act have been commenced, including those establishing the National Council for Special Education and those promoting an inclusive approach to education of children.

The Sections of the EPSEN Act which have not been implemented are those which would have conferred a statutory entitlement to an educational assessment for all children with special educational needs, consequent development of a statutory individual educational plan (IEP)and an independent appeals process.

In light of the very difficult economic situation and the significant costs involved in fully implementing the EPSEN Act, the previous Government deferred the full implementation of Act.

At present, all schools are encouraged to use Education Plans. The Departmental Inspectorates' advice is that the majority of schools are now using some form of individual education planning for children with special needs.In line with Circular 30/2014 schools are required to put in place a Personal Pupil Plan including a care plan for all pupils availing of SNA support.

While awaiting the full implementation of the EPSEN Act, the NCSE has published a number of policy advice papers which make recommendations aimed at developing a better or more effective alternative to the current resource allocation model, and which aims to move the system towards ultimate implementation of the EPSEN Act.

These reports include the NCSE policy advice on Support Students with Special Educational Needs in Schools (2013) and The Report of the Working Group on a Proposed New Model for Allocating Teaching Resources for pupils with Special Educational Needs (2014).

It is therefore intended to bring into effect many of the good ideas contained in the EPSEN Act, on a non-statutory basis initially, through policy developments across a range of areas, in conjunction with NCSE policy advice.

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