Written answers

Tuesday, 23 July 2024

Department of Education and Skills

Legislative Reviews

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats)
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811.To ask the Minister for Education and Skills if it is intended to review the Education for Persons with Special Educational Needs Act 2004; and, if so, to provide a timeline for the review. [32818/24]

Photo of Hildegarde NaughtonHildegarde Naughton (Galway West, Fine Gael)
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I would like to thank the Deputy for the question and wish to advise you of the following:

The Education for Persons with Special Educational Needs (EPSEN) Act 2004 provides for the education of children aged under 18 years with special educational needs. The EPSEN Act 2004, is now in place for more than 20 years and there have been many significant changes and developments to policy relating to the education of children with special needs in that time.

A review of the EPSEN Act 2004 was initiated in December 2021 to modernise and reflect the experiences of students, staff and families. The review process includes extensive stakeholder engagement, including parents, educators, advocacy groups, and experts in special education.

Both commenced and uncommenced sections have been thoroughly considered to ensure a robust legislative foundation. The review process will culminate in a comprehensive report detailing all findings.

Online surveys, launched in November 2022, garnered over 28,000 responses, and qualitative analysis of open submissions has been used as the basis for the second stage of consultation, the focus group stage.

A variety of focus group methods have been employed, including mixed focus groups, mosaic-style engagement with children with special educational needs, and discussions with young adults who have experienced the special educational need model of education. The focus groups concluded in June 2024 and a report is being prepared for consideration.

The review involves an academic assessment and considers legal cases and international comparators.We received over 900 responses to an accessible online survey, designed to accommodate individuals who may face challenges with traditional survey methods.

Once the report is finalised, we will hold an open day in September to gather final feedback from all stakeholders. This review will serve as the foundation for updating the EPSEN Act, to ensure a solid legislative basis.

This significant review is intended to be concluded in 2024, culminating in a comprehensive report that will encompass an analysis of stakeholder and public engagement, feedback from focus groups and open policy day, academic review paper, NCSE policy advice, evidence-based research and conclusions and recommendations.

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