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 working under the remit of the HSE are charged with organising the Assessment of Need. The Assessment Officer coordinates and completes the Assessment Report and makes the determination as to whether or not a child or young person meets the definition of disability contained in the Act. .

Following on from a court ruling in October 2021 there is now a legal obligation on the education system to assistthe HSE as part of the HSE’s Assessment of Need Process (AON).

The Department of Education and NCSE have worked intensively to ensure the process put in place adheres to legal obligations arising from the HSE’s AON process and is one that is rooted in existing good practice in schools. Under the Disability Act (2005) the NCSE is obliged to nominate a personwith appropriate expertise to assist in the education assessment process.

It is important to note that the educational component of the AON process refers to assessment of education needs. Assessment in education is an everyday practice in schools which results in the identification of a child’s education need and the measures required to address these needs.

Identification of education needs, therefore, is central to the way schools operate. Schools provide for the inclusion and participation of all students and provide an education which is appropriate to a student’s abilities and needs.

This aligns with the obligations on schools arising from the Education Act 1998. They use a range of assessment practices as part of the Continuum of Support process. The Continuum of Support framework enables the school to identify, address and review progress in meeting the academic, social and emotional needs of the pupil, as well as other education needs.

Schools have been provided with a range of resources to ensure that the education needs of all students, including those with a disability or other special education needs, are identified and supported. The Department of Education issued Guidelines for Primary and Post-Primary schools (2017)to assist them in identifying and providing for the special education and learning needs of students.

Information derived from the schools’ assessments in education are recorded in a ‘Student Support File’. In line with best educational practice, the Student Support file details a student’s education needs as identified by the school. The information contained in the Student Support File is used in completing the educational component of the AON form which is returned to the HSE via the NCSE.

The Department of Education and the NCSE are conscious of the workload on schools and on school leaders and, in that regard, an extensive consultation process on the educational component of the AON is ongoing. The Department of Education and the NCSE worked with a small number of schools on a draft of the documents required as part of the HSE’s AON process. The Department extended the trial period of the AON process and provided additional support through support teams led by the NCSE and supported by the Department. The extended trial included a further 63 schools. This process was completed in December 2022 and feedback from the schools involved and stakeholders is being incorporated into revised guidance documents and the AON form.

The Department of Education and the NCSE have put in place a suite of supports to assist schools in completing the educational component of the HSE’s AON process. These include:

- Detailed guidance,

- Short video for use by schools setting how to comply with the process,

- Email support,

- Dedicated support line – this line is staffed by education professionals who will assist schools in completing the process.

I think it is important to note that this remains a HSE process. The responsibility for the Assessment of Need remains with the HSE. The assessment of health needsis still carried out by the HSE. Schools are assisting on the educational component only.

The Department has committed to working with the education partners to monitor and review the process and provide the necessary supports to schools.