Holly Cairns (Cork South-West, Social Democrats)
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443. To ask the Minister for Education and Skills if she intends on commencing the Education for Persons with Special Educational Needs Act 2004; and if so, the timeline for commencement. [8000/25]

Michael Moynihan (Cork North-West, Fianna Fail)
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I would like to thank the Deputy for the question.

The report on the EPSEN Review is currently being finalised and will be concluded within the first quarter of 2025. Once completed, it will be presented for the Minister’s attention.

There has been significant progress on the EPSEN Review, and to provide context, the following outlines its background and key developments.

The Department of Education's policy, which is set out in the Education for Persons with Special Educational Needs (EPSEN) Act 2004, is that children with special educational needs should be educated in mainstream placements with additional supports provided as appropriate. The majority of children with special educational needs are supported in this way.

Where children need more specialised educational settings, such as special classes or special schools, the Department and the National Council for Special Education (NCSE) ensure that the necessary resources and supports for such placements are provided in line with the needs of the child.

The NCSE has responsibility for coordinating and advising on the education provision for children nationwide. In the NCSE policy advice on special class and special school provision, the Council advised that there is no conclusive evidence at present that any one type of special education place was better than another. The advice also addresses the State’s obligations under the United Nations Convention on the Rights of People with Disabilities.

The review of the EPSEN Act 2004 was initiated by Minister Madigan 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. 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 were 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. Focus groups were held in a number of different settings including English and Irish medium schools, Youthreach, adult services, and third level institutions.

An easy access survey was launched. This accessible online consultation platform was designed to accommodate individuals who may face challenges with traditional survey methods. This was the first time such a method was undertaken by the Department of Education.

The review involves an academic assessment and considers legal cases and international comparators.

An Open Policy Day was held on 3rd October 2024 to integrate feedback from surveys and focus groups, insights from the academic review, and inputs from the NCSE policy advice. The draft report is currently being finalised for the Ministers attention.

This significant review will culminate 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.