The Education for Persons with Special Educational Needs (EPSEN) Act, 2004 provides for the establishment of the Special Education Appeals Board to hear and determine appeals under the act. The appellant sections of the Act which have not yet been commenced are: Sections 3 (13), 4(7), 6 (1), 7(5), 10(3) (6), 11(6), 12(1a), 12(1b) and 39(5). These sections if commenced would provide for appeals to be taken by parents, principals or boards of managements of schools on a range of issues as stated in the relevant sections.
As the Deputy is aware, the commitment in the renewed Programme for Government is to develop, in consultation with stakeholders, a costed multi-annual plan to implement some priority aspects of the EPSEN Act, focussing on measurable, practical progress in education and health services for children with special needs. All parts of the EPSEN legislation, which have not been commenced to date, will be considered during this process.
Since its establishment, the Board has developed draft procedures which could be used to consider appeals once the relevant sections of the EPSEN Act are commenced. In considering the requirements of the appeals process which would be required under EPSEN, the Board members have examined the range of legal issues associated with such a process. In this context they have also reviewed the outcome of judicial reviews of education decisions and looked at the structures and procedures in other tribunal fora. Costs associated with approved appeals procedures will also be included in implementation estimates.