Alan Farrell
Ceist:246. Deputy Alan Farrell asked the Minister for Education the status of the Education for Persons with Special Educational Needs Act 2004 review; and if she will make a statement on the matter. [46089/23]
Amharc ar fhreagraTuesday, 24 October 2023
Ceisteanna (246)
Freagraí scríofa
I would like to thank the Deputy for the question and wish to advise you of the following:
My Department's policy, which is set out in the Education of Persons with Special Educational Needs (EPSEN) Act 2004, is that children with special educational needs should be educated in mainstream placements with additional supports provided as appropriate. The majority of children with special educational needs are supported in this way.
Where children need more specialised educational settings, such as special classes or special schools, my Department and the National Council for Special Education (NCSE) ensure that the necessary resources and supports for such placements are provided in line with the needs of the child.
The NCSE has responsibility for coordinating and advising on the education provision for children nationwide. NCSE policy advice on special class and special school provision is due shortly and this will be significant in terms of how my department plans for any changes to the way in which children and young people with special educational needs are supported. In its progress report (2019), the Council advised that there is no conclusive evidence at present that any one type of special education place was better than another. The advice will also address the State’s obligations under the United Nations Convention on the Rights of People with Disabilities.
In December 2021, I sought a review of the EPSEN Act 2004 , which provides for the education of children aged under 18 years with SEN. The EPSEN Act 2004, is now in place for more than 19 years and there have been many significant changes and developments to policy relating to the education of children with SEN in that time.
The purpose of the review is to ensure that legislation on education for students with SEN 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 individual education plans (IEPs). Open collaboration and consultation are at the heart of the review and all stakeholders are being invited to engage with the process.
To conduct this review, my Department has engaged a variety of stakeholders, including parents, educators, and advocacy groups. We have also consulted with experts in the field of special education to gather best practices. A Steering Group, Working Group and Advisory Group are overseeing this review process. As part of the review, online surveys were conducted to gather input from students, individuals who have left the education system, staff, parents, and the general public. Additionally, individuals and organisations were given the opportunity to provide formal submissions.
The online surveys, which launched on 30 November 2022, form one part of the planned consultation process. This was publicised in local and national media and online, and communications were issued to all school principals and other stakeholders. This part of the consultation closed on the 3rd of March 2023 yielding over 28,000 responses. On the 3rd of May 2023, a presentation featuring the quantitative analysis of the structured survey questions was delivered to engage all stakeholders. This session provided an avenue for dialogue and the receipt of constructive feedback. At present, the qualitative analysis of the open submissions is in progress and is being meticulously examined. The survey analysis shall be used to establish the themes that need to be explored further through focus groups.
An academic review is currently being conducted. A number of legal cases have been heard in the Irish Courts that have to be considered in the context of this review to ensure the legislation takes account of the amended legal position, NCSE policy advice to include international comparators, conclusions of review as per the various groups and recommendations.
The consultation process will be wide-ranging, so that it can include a breadth of experience of as many of those people impacted by the legislation. Significant efforts are being made by my Department to consult with students and families of those with special educational needs who are currently, or have been through, the education system during the period of operation of the Act.
A range of consultation methods will be employed over the coming weeks including diverse styles of focus groups. A dedicated focus group assessment team has been established and is are currently evaluating proposed methodologies. These focus groups will be conducted with a broad spectrum of participants, each group being approached with suitable and tailored methodologies.
Subsequently, responses from these focus group sessions will undergo thorough examination, culminating in the preparation of a comprehensive report. The anticipated timeline for the release of this report is the first quarter of 2024.
The focus groups will be structured to include various groups such as organisations working with people with disabilities, parents, and students at different educational levels, including those who have left the education system.
We will employ a range of focus group approaches, including mixed focus groups (various stakeholders including post-primary students and young adults with special educational needs who have been through the education system) and mosaic-style approaches (engagement with children with special educational needs in person and online). These approaches will help us gather insights from different perspectives.
An open policy day will be held at the conclusion of the focus groups stage in first quarter of 2024 and will incorporate the feedback from both surveys and focus groups, along with insights from the academic review paper that is currently being prepared.
The views of experts are also being sought, to include those working in the education sector and people supporting persons with disabilities.
This significant review is intended to be concluded in second quarter of 2024, culminating in a comprehensive report that will encompass an analysis of stakeholder and public engagement, feedback from focus groups and open policy day, academic review paper, NCSE policy advice, evidence-based research and conclusions and recommendations.