National Council for Special Education



National Council for Special Education

Pat Curtin

CEO

November,2005

Outline of Presentation

• Summary of the purpose and provisions of the Act.

• The establishment and role of the NCSE

• Implementation of the Act to date

• The process of fully implementing of the Act

Background to Act

• Landmark legal cases

• O’Donoghue & Sinnott Cases

• Demand for rights based legislation

• Education for Persons with Disabilities Bill

• Education for Persons with Special Educational Needs Act 2004

• Signed by President July 2004

• Commencement Orders

Constitutional Provision

• Article 42.4 provides

“ the State shall provide for free primary education …. And when the common good requires it, provide , other educational facilities or institutions….”

Most of litigation on the basis that the State was in breach of Art 42.4

Education for Persons with

Special Educational Needs Act 2004

Purpose

To make detailed provision through which the education of persons who have special educational needs because of disabilities can be guaranteed as a right enforceable in law.

Education for Persons With

Special Educational Needs Act 2004

• To make further provision for the education of people with special educational needs.

• Education to take place in an inclusive environment with people who do not have special educational needs.

• Children with special educational needs to have the same right to avail of and benefit from appropriate education, as do their peers who do not have special educational needs.

Education for Persons With

Special Educational Needs Act 2004

• To assist children with special educational needs to leave school with the skills necessary to participate in social and economic activities of society and live independent lives to the best of their capacity.

• To provide for the greater involvement of parents.

• Establish the National Council for Special Education.

• Confer certain functions on Health Boards in relation to education of people with special educational needs.

• To establish an Appeals Board.

Education for Persons With

Special Educational Needs Act 2004

Principal Provisions

• Inclusive Education (Section 2)

• Assessment (Section 3, 4, 5,6)

• I.E.P’s (Section 3, 4, 5, 8, 9, 11, 12)

• Duty of Schools (Section 14)

• Designation of Schools (S 10)

• Provision of Services (Section 7)

• Implementation of Education Policy by Health Boards (Section 16, 17, 39)

• Establishment of NCSE (Section 19 to 50)

• NCSE to prepare Implementation Report (Section 23)

• Establishment of Special Education Appeals Board (Section 36, 37)

• Provision of independent mediation by ministerial regulations (Section 38)

KEY DEFINITION

“special educational needs” means, in relation to a person, a restriction in the capacity of the person to participate in and benefit from education on account of an enduring physical, sensory, mental health or learning disability or any other condition which results in a person learning differently from a person without that condition and cognate words shall be construed accordingly.

Inclusion

• Section 2

• Education alongside other children who do not have special educational needs

• Unless inconsistent with the best interest of the child

OR

• the effective provision of education for the other children

Assessment

• Assessments are deemed to include an evaluation and statement of the nature and extent of disability and an evaluation and statement of the necessary services

• Assessment by persons possessing such expertise as Health Board, Council or Principal thinks fit.

Education Plans

• The Act provides that each student with SEN is entitled to an Education Plan

• An EP is written plan for a named student

• Specifies learning goals in a timeframe

• Specifies teaching strategies, resources and supports necessary to achieve goals

Establishment of Special Education Appeals Board

• Independent Body – Appointed by the Minister

• Hear appeals under Act

• Hearings to be conducted with a minimum of formality

• Appeals to be heard within 30 days of receipt by the Board

Provision of Mediation Services

• The Act provides that the Minister for Education may make regulations providing for independent mediation in certain cases.

• These cases are;-.

- Where a person or parent of a child makes a complaint to the Minister that the special educational needs of the person are not being met.

OR

- Where a person has or proposes to bring proceedings in any Court seeking redress in respect of alleged failure by the Minister to the special educational needs of the person.

Establishment of National Council for Special Education

• Gives Statutory effect to the establishment of the Council already set up by order.

• Defines roles and functions.

• Outlines accountabilities.

• Sets out membership.

• Sets out consultation requirements – consultative forum, expert committees.

• Allows it to operate within the policy framework decided by the Minister for Education.

Functions of NCSE

• (a) carry out research and provide expert advice to the Minister

• (b)provide for a range of services at local and national level

• (c)co-ordinate, with health boards, schools and other relevant bodies, the provision of education and related support services to children with disabilities.

• Specific functions under the Act

Present Operation of NCSE

• Headquarters in Trim Co Meath

• Nationwide local service

• 80 Special Educational Needs Organisers (SENOs)

• SENOs decide on resource allocation to schools within policy parameters, advise parents, organise school placements

• Research Function at start up phase

Implementation to date

• Commencement Orders made by the Minister for Education made in July 2005

• Establishing the National Council for Special Education

• Commencing the inclusive education provision

• Providing for the establishment of the Special Education Appeals Board on 3 April 2006

Key Provisions yet to be implemented

• Right to assessment

• Right to Education Plan

• Right to Appeal

• Standards for Assessment

• Right of parents to be included in decision making

• Right to attend a particular school

• Duty of Ministers to make resources available

• Planning Future Provision

Implementation Report

• NCSE required to prepare an implementation report within 12 months of establishment (S.23)

• Outline steps that must be taken to implement the Act within a 5 year period.

• Specify a date for each provision.

• Provide estimates of resources needed to implement each section of the Act.

• Consider and advise on interim arrangements pending full implementation of the report.

Implementation

• Implementation over a maximum period of 5 years

• In the meantime to continue to improve services

• Better utilisation and co-ordination of resources

• Better information and advice

• Better planning of provision

Preparation of Report

• Seeking submissions

• Undertaking research on the financial and human resources needed to implement each section of the Act

• Consultation Process

• Report to Minister

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