The Special Education Appeals Board (SEAB) was established under the Education for Persons with Special Educational Needs (EPSEN) Act 2004 to hear and determine appeals under the Act.
SEAB comprises a Chairperson, Ms Fionnuala Kilfeather, and two ordinary members, Mr Páid McGee and Mr Patrick O'Keeffe, all of whom have a special interest in, or knowledge of, education and in particular the education of persons with special educational needs. Appointments were made to this inaugural board in April 2007 for an initial three year term.
SEAB will be independent in the performance of its functions. None of the sections in EPSEN which would allow an appeal to be lodged have been commenced as yet.
However, since its establishment, the Board has developed draft procedures which it proposes to use to consider appeals once the relevant sections of the EPSEN Act are commenced. In considering the requirements of the appeals process which will be required under EPSEN, the Board members have examined the range of legal issues associated with such a process. The Board members have also reviewed the outcome of judicial reviews of education decisions and looked at the structures and procedures in other Tribunal fora such as the Equality Tribunal and the Employment Equality Tribunal.
The Board has also held ongoing meetings with individuals and organisations whose experience would inform the work of the Board or whose work was linked with the work of the Board including my own Department, the National Council for Special Education and the National Educational Welfare Board. The Board has also considered the requirements for mediation as provided for under EPSEN.
SEAB does not have a separate budget. My Department spent €9,691 in 2007 and €184,243 in 2008 on funding the operation of the SEAB. In the current year, a provision of €100,000 was set aside to fund its operations. €54,145 has been spent to end of September 2009.