Vol. 534 No. 5
220 Mr. R. Bruton asked the Minister for Education and Science the key legal decisions that have altered his Department's education policy towards children with disabilities or special learning difficulties; and the way in which he has adapted policy to fulfil the obligations set by the courts. [11174/01]
The key legal decision in relation to the educational entitlements of children with special needs was the judgment of the High Court in the Paul O'Donoghue case in 1993.
This case concerned the educational entitlements of a child with severe-profound general learning disability. The court found that the child in question was not only educable but had a constitutional entitlement to an appropriate primary education. The precedent set in the O'Donoghue case was followed to a greater or lesser extent in a number of subsequent cases.
Prior to the O'Donoghue judgment provision for children with severe-profound general learning disability was confined to a pilot programme which offered support to a limited number of children and operated on the basis of a pupil-teacher ratio of 12:1.
Arising from the court's decision, my Department formally adopted a policy under which all children with severe-profound general learning disability are entitled to support at a pupil-teacher ratio of 6:1 and with two special needs assistants per class.
To date a total of 122 special classes involving 122 teachers and 244 special needs assistants have been allocated to address the educational needs of children with severe-profound general learning disability. Further such classes are being established in response to identified needs. Pupils attending these classes also attract special rates of capitation funding and funding is also provided to meet their special equipment needs.
Notwithstanding the progress made since the O'Donoghue judgment, I am aware that there are a number of cases pending before the courts relating to the adequacy of education provision. I can assure the Deputy that I regard it as unacceptable that any parent, and particularly a parent of a child with special needs, should find it necessary to resort to litigation to secure their child's educational entitlements. I am confident that the recommendations which have recently been brought forward by the planning group on special education established in my Department will lead to the development of a more effective and efficient special education service. It is my intention to seek Government approval to proceed with these measures at an early date.
