Mick Wallace (Wexford, Independent)
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61. To ask the Minister for Education and Skills when he, in conjunction with the National Council for Special Education, will publish a plan on how the Education for Persons with Special Educational Needs Act 2004 can be fully implemented, as promised under Better Outcomes, Brighter Futures: The National Policy Framework for Children and Young People 2014 to 2020; and if he will make a statement on the matter. [15231/16]

Mick Wallace (Wexford, Independent)
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62. To ask the Minister for Education and Skills the cost and details of fully implementing the Education for Persons with Special Educational Needs Act 2004; and if he will make a statement on the matter. [15232/16]

Mick Wallace (Wexford, Independent)
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63. To ask the Minister for Education and Skills if he will consider an audit of the laws, judicial and administrative practices and policies, services and supports for children with special educational needs, as recommended by the Children's Rights Alliance; and if he will make a statement on the matter. [15233/16]

Richard Bruton (Dublin Bay North, Fine Gael)
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I propose to take Questions Nos. 61 to 63, inclusive, together.

I wish to advise the Deputy that, Section 2 of the Education for Persons with Special Educational Needs (EPSEN) Act 2004, providing for the inclusive education of children with special educational needs and the sections of the Act which placed the National Council for Special Education (NCSE) on a statutory footing, were commenced in 2005.

The remaining sections of the EPSEN Act, have yet to be commenced. Legal advice indicates that the EPSEN Act, as it is currently constituted, may not be implemented on a phased, or age cohort, basis.

The NCSE has published a Plan for the Implementation of the EPSEN Act. This report, which was published in 2006, made recommendations which suggested that additional investment over a period of years of up to €235m per annum, across the education and health sectors, would be required to fully implement the EPSEN Act.

My Department's opinion is that the level of investment required could be significantly greater than that envisaged in the NCSE report. However, a total estimate of this amount has not been quantified.

Revised estimates of the amount of additional expenditure required to fully implement the remaining sections of the EPSEN Act have not recently been conducted. The level of additional expenditure required would have to take into account annual demographic growth and service developments in the area of special educational needs, pricing adjustments and salary cost differentials on an ongoing basis.

Estimates would also have to be made as to the number of pupils who might currently qualify for the statutory service provisions envisaged by the EPSEN Act.

The Children's Rights Alliance Report 2016 recommended that an audit of laws, judicial, administrative practice and polices, services and supports for children with special educational needs should be conducted.

I wish to advise that the NCSE has a statutory function under the EPSEN Act to advise me in relation to matters concerning the education of children with special educational needs.

While awaiting the full implementation of the EPSEN Act, the NCSE has published a number of policy advice papers.

These reports include the NCSE Report on Supporting Students with Special Educational Needs in Schools (2013) and the Report of the NCSE Working Group: Proposed New Model for Allocating Teaching Resources for Students with Special Educational Needs (2014). The NCSE has also published an Information booklet for Parents of Children with Special Educational Needs.

These reports are available at www.ncse.ie.

The policy advice paper 'Supporting Students with Special Educational Needs in Schools' included an assessment of the legislative and administrative practices underpinning the provision of special educational needs supports and also the current polices and manner of providing supports for children with special educational needs in schools.

The report also made a number of 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.

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.

Under the Programme for a Partnership Government, I have also committed to consulting with stakeholders to see how best to progress sections of the EPSEN Act that were introduced on a non-statutory basis.