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Special Educational Needs

Dáil Éireann Debate, Thursday - 9 September 2021

Thursday, 9 September 2021

Questions (578)

Denis Naughten

Question:

578. Deputy Denis Naughten asked the Minister for Education the steps she is taking to commence all sections of the Education for Persons with Special Educational Needs Act 2004; her plans to revise the Act to fulfil the United Nations Convention on the Rights of Persons with Disabilities; and if she will make a statement on the matter. [42543/21]

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Written answers

I am aware of the requirements of the United Nations Convention on the Rights of Persons with Disabilities and the current legislation which supports the rights of children with disabilities to receive an education.

The Government is committed to helping every child, particularly those with special educational needs, to fulfil their potential.

The Education for Persons with Special Needs (EPSEN) Act 2004 sets out the vision for the education of children with disabilities in this country.  A child with special educational needs should be educated in an inclusive environment alongside their peers unless the nature and extent of those needs would not be in the best interest of the child concerned or the other children with whom the child is to be educated.  For this purpose, my Departments funds a continuum of education provision which covers the full spectrum of need ranging from placement in a mainstream class with supports or a placement in a more specialist setting, a special class or special school.   My Department currently spends in excess of €2b in supporting this continuum annually.

I wish to advise the Deputy that a number of sections of the Education for Persons with Special Needs (EPSEN) Act 2004 have been commenced.

The commenced provisions include those establishing the National Council for Special Education (NCSE) and those providing for an inclusive approach to the education of children with special educational needs.

The following sections of the EPSEN Act were commenced in 2005.

Section 1 – Interpretation

Section 2 - providing for the inclusive education of children with Special Educational Needs

Section 14 – placing certain duties on schools

Sections 19 to 37 - placing the Council on a statutory footing.

Section 39 - placing certain duties on Health Boards

Sections 40 to 53 - amending the Education Act

Schedule 1 – providing for meetings and membership of the Council

Schedule 2 providing for the Chief Executive Officer of the Council.

The remaining sections of the Act have yet to be commenced.  The Sections of the EPSEN Act which have not been implemented are those which would have conferred a statutory entitlement to –

- an educational assessment for all children with special educational needs.

- consequent development of a statutory individual educational plan (IEP).

- the delivery of detailed educational services on foot of this plan.

- an independent appeals process.

The Government has committed to consulting with stakeholders on how best to progress aspects of the EPSEN Act on a non-statutory basis.  

It should be noted, however, that since EPSEN was enacted, the Department’s policy on supporting children with special educational needs has changed and evolved on foot of evidence based policy advice from the NCSE which takes account of international perspectives.

Significantly, the focus of special needs education provision has changed from a model that is diagnosis led to one which is driven by the needs of the child.  This is a substantially different view to the one underlying the EPSEN Act.  The levels of investment by Government in special education has increased to facilitate the underlying reforms required to implement and embed the needs based approach. 

I have also indicated that one of my priorities as Minister for Special Education and Inclusion is to carry out a review of the EPSEN Act. 

this review will take into account the range of reforms and increased investment in supports which have taken place in recent years including the development of new allocation models which are not based primarily on a response to assessment as policy advice has indicated that requirement of diagnosis can create a risk of children being diagnosed as having a special educational need for resource allocation purposes, rather than for health reasons. Also, that as there is a spectrum of ability and disability within every special education disability category, account must be taken of need, as well as diagnosis.

Policy advice has been requested from the NCSE on the implications of the UNCRPD and this is expected in the coming months.

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