Shónagh Ní Raghallaigh (Kildare South, Sinn Fein)
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225. To ask the Minister for Education and Skills her plans in terms of the EPSEN report recommendation to bring forward legislation to change the present situation wherein students in special schools cannot legally continue education after their eighteenth birthday; and if she will make a statement on the matter. [38537/25]

Michael Moynihan (Cork North-West, Fianna Fail)
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The EPSEN Review identified a number of areas where changes to legislation, policy, and practice are required to strengthen inclusive education. The final report sets out 51 recommendations across 16 key themes, including a proposal to bring all school-age children under a single legislative framework to ensure a legal, rights-based approach.

Section 4.5 of the report highlights concerns raised by participants in the adult focus groups regarding the current requirement for students in special schools to leave at age eighteen. In response, recommendation 6 of the review states: “The age requirements for children with Special Educational Needs in special schools should be re-evaluated.” The basis for this recommendation is to address the anomaly whereby students in special schools are entitled to statutory education only until age eighteen, whereas no such limit applies to students in mainstream schools.

An implementation plan for the EPSEN Review is due to be published before the end of the year. This plan will guide the next steps and support the development of policy and legislative changes needed to deliver a more inclusive and equitable education system for all students.

The report on the EPSEN Review is available at the following link www.gov.ie/en/department-of-education/consultations/epsen-review-consultation/.

This review represents a significant step in aligning education policy and legislation with the lived experiences of children and young people with special educational needs, with the goal of improving educational outcomes.

The following outlines the background of the EPSEN Act 2004 Review and the key recommendations resulting from it.

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.

In December 2021, a comprehensive review of the EPSEN Act was announced. It received over 28,000 responses to online surveys, including 900 from children and young people through an accessible format. Additionally, 91 adults and 94 young people from mainstream, special, and Irish-medium schools, including some who had left school, took part in focus groups.

One of the key recommendations from the review is the completion of the roadmap towards a proactive, inclusive education system that supports transitions from early years through post-primary and beyond. The report also calls for Student Support Plans to be given statutory status to ensure consistency in meeting individual needs, and for a review of language used in relation to additional needs to reflect inclusivity.

It reaffirms the importance of recognising children’s rights, ensuring meaningful parental involvement, and fostering stronger collaboration between government departments. It also highlights the need for continued investment in professional development for educators.

The Assessment of Need process emerged as a key concern across submissions, with many stakeholders calling for improved efficiency and timeliness. Work is already underway across government, including collaboration between the Department of Education and Youth and the Department of Children, Disability and Equality, to address this

Implementation of the recommendations will inform future decision making and contribute to a more inclusive and supportive education system for all.