David Stanton (Cork East, Fine Gael)
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374. To ask the Minister for Education and Skills her plans regarding the commencement of all sections of the Education for Persons with Special Educational Needs Act 2004; if she will provide a list of the sections of the Act which have been implemented fully to date, and the sections which remain to be commenced; the expected timeframe for same; and if she will make a statement on the matter. [35360/15]

David Stanton (Cork East, Fine Gael)
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375. To ask the Minister for Education and Skills her plans regarding the full commencement of the Education for Persons with Special Educational Needs Act 2004, in particular the sections dealing with individual education plans and the establishment and functions of the special educational appeals board; and if she will make a statement on the matter. [35361/15]

Jan O'Sullivan (Limerick City, Labour)
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I propose to take Questions Nos. 374 and 375 together.

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.

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 remaining sections of the EPSEN Act have not yet been commenced.

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.

As the role of the Special Education Appeals Board, as provided for in the EPSEN Act, was intended to provide for appeals in relations to the implementation of the other statutory provisions under the Act, the Appeals Board would only be required to become operative in the event of the other sections of the Act being commenced.

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.