Written Answers. - Special Education Needs.
Brian O'Shea
Question:
163
Mr. O'Shea
asked the
Minister for Education and Science
if parents and carers are being informed of their constitutional right to a primary education for their severely and profoundly mentally handicapped children; and if he will make a statement on the matter.
[11600/98]
Brian O'Shea
Question:
164
Mr. O'Shea
asked the
Minister for Education and Science
the manner in which he is informing parents and carers of their constitutional right to a primary education for their severely and profoundly mentally handicapped children; and if he will make a statement on the matter.
[11601/98]
I propose to take Questions Nos. 163 and 164 together.
The constitutional rights to an education of children with severe or profound mental handicap are well established and widely known and I can assure the Deputy that I am committed to ensuring that practical effect is given to those rights. To that end there are procedures in place in the education system for assisting parents and carers to access appropriate education and other services for the children concerned.
In considering issues relating to the rights of children with severe or profound mental handicap, I am also obliged to have regard to the rights of their parents who, under the Constitution, are the primary educators and carers of the children and I must also have regard to the physical capacities and, sometimes, the medical needs of the children concerned. In general, therefore, 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 may choose for clinical or other reasons not to avail of a formal education service. In the great majority of cases, in making a decision on this, parents are advised by the assessment services and other professionals in the centres which they attend. These centres generally act on behalf of the children and their parents and my Department is in regular ongoing contact with them.
A key consideration in determining and responding to the educational and other needs of such children is the individual professional assessment report on the child. Where such reports recommend a child's participation in a formal education programme, my Department responds accordingly.
In addition to procedures already in place, it is my intention to give further and explicit recognition to the education needs of children with a disability in the Education (No. 2) Bill, 1997. The Bill, as published, already 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. Boards 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 at present considering proposals for amendment of the Bill in Committee so as 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.
