Denis Naughten
Question:139 Mr. Naughten asked the Minister for Education and Science the plans he has to review Department circular SP ED 09/04; and if he will make a statement on the matter. [19343/04]
View answerWednesday, 30 June 2004
Questions (82, 83)
Written answers
My Department issued circular SP ED 09/04 to all schools during the week commencing 21 June 2004. The purpose of this circular is to advise schools as to current progress regarding the development of revised arrangements for the allocation of special education resources, SER, and the processing of SER applications. The circular clearly states that it is intended that a further comprehensive circular will issue to all schools for the commencement of the new school year.
John Deasy
Question:140 Mr. Deasy asked the Minister for Education and Science when he envisages that the Education for Persons with Special Educational Needs Bill 2003 will be fully implemented; if he will provide the necessary resources to see that the legislation may by implemented in full; and if he will make a statement on the matter. [19448/04]
View answerSection 35 of the Bill provides that within 12 months of the enactment of the Bill I must make an order establishing the National Council for Special Education, NCSE. Section 23 of the Bill concerns the implementation of the Bill once enacted and provides that within 12 months of the date of the establishment of the NCSE it must report to me outlining the steps necessary to fully implement the Bill within a further period not exceeding five years. Accordingly, I expect that the Bill will be fully implemented some time within six years of its enactment but I cannot say precisely when and how until I have received that report.
For the framework for the delivery of services to children with special educational needs to operate, resources must, of course, be made available and the great majority of those resources will be directed towards the implementation of education plans. Section 13 requires that the Minister for Health and Children, the Minister for Finance and the Minister for Education and Science have regard to, and take due account of, the State's duties under Article 42 of the Constitution which includes a duty to ensure that there is available, free of charge, to every child with special educational needs a level of education which will allow them to make the best possible use of their inherent and potential capabilities, physical, mental and moral, however limited these capacities might be. Failure by me, the Minister for Health and Children and the Minister for Finance to discharge our duties to make the necessary resources available for the implementation of this Bill could very well give parents who are affected grounds for a judicial review to ensure that resources are provided. It is both my intention, as well as my constitutional and statutory duty, to provide the resources necessary to implement this Bill.
Question No. 141 answered with QuestionNo. 93.