Holly Cairns (Cork South West, Social Democrats)
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442. To ask the Minister for Education and Skills the status of proposed implementation regarding educational assessments by the National Council for Special Education, in view of a judgment (details supplied); and if she will make a statement on the matter. [28148/22]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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The Assessment of Need (AON) process is provided for under the Disability Act 2005. Assessment Officers under the remit of the HSE are charged with organising the Assessment of Need.  The Assessment Officer makes the determination as to whether or not a child or young person meets the definition of disability contained in the act. The Assessment Officer coordinates and completes the Assessment Report.

Following a recent High Court ruling in October 2021 there is now a requirement on the education system to provide an assessment of Education Needs as part of the Assessment of Need Process.

My Department are working with the Department of Health, the NCSE and the HSE and taking legal advice. Officials in my Department are continuing to work through proposals to address the implications.

I expect to receive a proposal on the matter shortly.