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Dáil Éireann debate -
Wednesday, 22 Apr 1998

Vol. 489 No. 7

Written Answers. - Mentally Handicapped Children.

Brian O'Shea

Question:

210 Mr. O'Shea asked the Minister for Education and Science his views on the estimate that 3,000 severely and profoundly mentally handicapped children within the State (details supplied) require and are entitled to a primary education; and if he will make a statement on the matter. [9652/98]

Brian O'Shea

Question:

211 Mr. O'Shea asked the Minister for Education and Science the number of severely and profoundly mentally handicapped children who are receiving a primary education within the State; and if he will make a statement on the matter. [9653/98]

Brian O'Shea

Question:

212 Mr. O'Shea asked the Minister for Education and Science his views on the wide potential for claims for damages against the State on behalf of severely and profoundly handicapped children who are not being or have not been provided with a primary education; and if he will make a statement on the matter. [9655/98]

Brian O'Shea

Question:

213 Mr. O'Shea asked the Minister for Education and Science the number of legal cases arising from the failure of the State to provide an appropriate primary education for severely and profoundly mentally handicapped persons; the estimated full cost to the State arising from these cases; the proposals, if any, he has for minimising the State's exposure and providing for these children; and if he will make a statement on the matter. [9656/98]

Brian O'Shea

Question:

214 Mr. O'Shea asked the Minister for Education and Science the way in which his Department will deliver on the constitutional guarantee to a primary education for all severely and profoundly mentally handicapped children if access to education is dependent on boards of management of primary schools making application to his Department on behalf of such children and where there is no obligation on boards of management to make such an application; and if he will make a statement on the matter. [9657/98]

I propose to take Questions Nos. 210 to 214, inclusive, together.

The most recent data available to my Department indicates that there are 1,289 children with a severe or profound mental handicap between the ages of four and 19 years. This data is taken from the intellectual disability database maintained by the health authorities.

It is a matter for the parents of each individual child to decide whether they wish to avail of the formal education service offered by my Department. In some instances parents choose for clinical or other reasons not to avail of a formal education service. My Department is prepared to respond positively to any request for the provision of an education service for children with severe-profound mental handicap. My Department is also in close contact with the service providers in relation to these cases.

There are 78 special classes for children with severe-profound mental handicap. These classes provide an education service to approximately 460 pupils. A number of applications for the establishment of additional classes for such children are being pursued by my Department.

There are two High Court cases pending against the State in relation to educational provision for children with a severe or profound mental handicap. I am not in a position at this stage to indicate the likely costs of these cases. Both are at a preliminary stage and have not come before a full hearing of the court. Nor would it be a useful exercise to speculate as to the potential, generally, for claims for damages against the State on behalf of children with severe or profound mental handicap.

As Minister for Education and Science I am committed to ensuring that the constitutional rights to education of all children, including children with a severe-profound handicap, are given practical effect. I am also obliged to have regard to the constitutional rights of parents as the primary educators and carers of their children and to the physical capacities and, sometimes, the medical needs of the children concerned. The Education (No. 2) Bill, 1997, as published contains statutory safeguards for the rights of children with disabilities. In particular, on the enactment of the Bill, boards of management will have a statutory duty to ensure that the educational needs of children with special needs are provided for; they will be required to have, and make publicly available, their admissions policies and there will be structures for appeal by parents. Following publication of the Bill, I and officials of my Department have had consultations with a wide range of interests in education, including parents of severely and profoundly handicapped children. I am considering proposals for amendment of the Bill in Committee to clarify areas of concern to such parents, to address, as far as practicable, their concerns and to further strengthen the rights of their children.
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