David Stanton (Cork East, Fine Gael)
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506. To ask the Minister for Education and Skills the sections of the Education for Persons with Special Educational Needs Act 2004 that have been implemented to date; the sections that have not; her plans to bring these into force; the projected dates for such implementation; and if she will make a statement on the matter. [36553/20]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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A number of sections of the Education for Persons with Special Needs (EPSEN) Act 2004 have been commenced. The commenced provisions include those establishing the National Council for Special Education (NCSE) and those providing for an inclusive approach to the education of children with special educational needs.

The following sections of the EPSEN Act were commenced in 2005.

Section 1 – Interpretation

Section 2 - providing for the inclusive education of children with Special Educational Needs

Section 14 – placing certain duties on schools

Sections 19 to 37 - placing the Council on a statutory footing.

Section 39 - placing certain duties on Health Boards

Sections 40 to 53 - amending the Education Act

Schedule 1 – providing for meetings and membership of the Council

Schedule 2 providing for the Chief Executive Officer of the Council. 

The remaining sections of the Act have not yet been commenced, however, the Government has continued to invest in the area of special education support.

The Government is committed to helping every child, particularly those with special educational needs, to fulfil their potential.

In 2021 the Department of Education and Skills will invest approximately €2 Billion in the area of special educational needs support - 1/5 of the Department's budget and up over 42% since 2011.

The Government has committed to consulting with stakeholders on how best to progress aspects of the EPSEN Act on a non-statutory basis.  

A range of consultations with Education Partners and Stakeholders took place in relation to the development of a new model for allocating special education teachers over the course of 2017. The new model was introduced for all schools from September 2017.

Further consultations took place with education partners and stakeholders in the context of the undertaking of a comprehensive review of the SNA scheme and will continue in relation to the implementation of recommendations contained in this report. 

Additional powers have also been provided to the National Council for Special Educational to designate a school place for a person with special educational needs, which is now provided for in the Education (Admission to Schools) Act 2018. 

While awaiting the full implementation of the EPSEN Act, the NCSE has also 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.

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. Full consultation will also take place with stakeholders before adjustments are made.  

This Government will also continue to prioritise investment in the area of special education support. Ongoing investment and reform will continue to see improvements made in this area.

I have also indicated that one of my priorities as Minister for Special Education and Inclusion is:

Updating our Laws: Reviewing and updating the Education for Persons with Special Educational Needs (EPSEN) Act. 

Any review of the Act will take into account the extent of additional investment which has been made in special educational services since 2004, with some €2 Billion per year now being spent of special educational supports. 

It will also take into account the range of reforms which have taken place in recent years including the development of new allocation models which are not based primarily on a response to assessment as policy advice has indicated that requirement of diagnosis can create a risk of children being diagnosed as having a special educational need for resource allocation purposes, rather than for health reasons. Also, that as there is a spectrum of ability and disability within every special education disability category, account must be taken of need, as well as diagnosis.