Dáil Éireann Debate, Tuesday - 18 October 2022
447. Deputy Pauline Tully asked the Minister for Education the actions she has taken to ensure that all children with additional learning needs can request and receive an individualised education plan as is contained within the Education for Persons with Special Educational Needs Act 2004; and if she will make a statement on the matter. [51528/22]
Amharc ar fhreagraI wish to advise the Deputy that since the Education for Persons with Special Educational Needs Act (EPSEN) Act, 2004 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. 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. While the Sections of the EPSEN Act relating to an educational assessment for all children with special educational needs and the consequent development of a statutory individual educational plan (IEP) have not been implemented, I can advise that all schools are encouraged to have support plans in place for children with special needs. My Department's Inspectorate's advice is that the majority of schools are now using some form of individual education support plans for children with special needs.
In relation to the above, as the Deputy will be aware, as announced in December 2021, I have sought a review of the Education for Persons with Special Educational Needs Act, 2004, which provides for the education of children aged under 18 years with special educational needs. The EPSEN Act 2004, is now in place for more than 18 years and there have been many significant changes and developments to policy relating to the education of children with special needs in that time. The purpose of the review is to ensure that legislation on education for students with additional needs is up-to-date, fully operational, and reflective of the lived experiences of students and families. This includes those sections of the Act relating to IEPs. Open collaboration and consultation are at the heart of the review and all stakeholders are being invited to engage with the process.A number of steps have been taken by my Department in relation to this important review of legislation. Establishment of a Steering Group, Working Group and Advisory Group have been completed and all the groups have had multiple engagements. A full stakeholder engagement took place on the 21st June last, to discuss concerns and proposals in relation to this review, which was very positive. A large amount of work has occurred over the summer months to prepare categories of public surveys and a consultation paper to inform members of the public of the review. It is intended to launch the public survey within the coming weeks. Focus groups will be organised at the conclusion of the public survey to explore key themes that arise as result of the survey analysis.
I wish to assure the Deputy that the purpose of the review is to ensure that there is an adequate legislative basis for the educational provision, both current and planned, for children with special educational needs in order to protect the interests of the children concerned and their families and those of the state.
