Education , Disability and
Special Needs
A short History
• National Education System established in
1831
• By 1892, One hundred and fifty days
school attendance was compulsory for all
children
• Department of Education established in
1924
Early special needs
• Education of Children with Special Needs
alongside their so-called non-disabled
peers was not considered appropriate
• In 1947 St Vincents Home for the Mentally
Defective Children Established
• Needs of special children medical not
educational.
• County Clinics performed assessments
Special Needs education
• Predominantly in the hands of the religious.
• Parental pressure and the involvement of
religious communities provided a societal push
to provide better services
• In 1959 first Inspector for Special Education
appointed
• 1960 more provision announced and training of
teachers and psychologists began
Landmarks
• 1965 Report on the Commission of Inquiry
on Mental Handicap published
• 1972 The education of Children who are
Handicapped by impaired hearing
• 1982 The education of Physically
Handicapped Children
• 1983 The education and Training of
Severely and Profoundly Mentally
Handicapped Children in Ireland
Mainstreaming
• 80’s worldwide push for integration in
mainstream schools.
• Classes for children with special needs
began to be established.
• More teachers educated to cater for this
demand
• By 1993 over 2 thousand children were
being educated in such classes
SERC
• In 1993, the definition of specific learning
disability, and the provision made for
students with such a disability, were
reviewed by the Special Education Review
Committee (SERC)
• The SERC report dealt comprehensively
with the educational implications of special
needs
SERC Report Recommendations
• Established of a continuum of educational
provision to meet special education needs, that
would allow
• Full- Time placement in a mainstream class with
additional support
• Part-Time or Full-time Placement in a special
class or school
• Full-time placement in a residential special
school
• Part-Time placement in a Child Education and
Development Centre(CEDC) or special school
1995
• Government White Paper on Education
• Charting our Education Future
• “all students regardless of their personal
circumstances have a right of access to and
participation in the education system according
to their potential and ability”
• “to promote quality and equality for all, including
those who are disadvantaged through economic,
social physical and mental factors in the
development of their full educational potential”
1996
• Report of the Commission of Status on
Disabilities
• Brief overview of the major
recommendations contained in the
Strategy for Equality report of the
Commission on the status of People with
Disabilities on Education
Recommendations
• .Charter of rights for students with disability.
• Currently there are special and mainstream
education streams. Crossover should be allowed
more easily.
• People with disbaility should not be prohibited
taking their place in mainstream education.
• Parents should be given support and made full
and equal partners in the childs education.
• Community action plans be drawn up to meet
the needs of students in their area.
Other legal initiatives which
impacted on education
• 1998 National Disabilities Authority act which
provided terms of reference for the NDA
• The education welfare act 2000, which dealt with
compulsory attendances at school
• The equal status act 2000 which prohibits
discrimination on grounds of Gender, Marital
Status, Family Status, Sexual Orientation,
Religion, Age Disability , Race, Membership of
the Travelling Community
The Equal Status Act
• A school must not discriminate in four
areas:
• Admission
• Access
• Any other conditions on participation in the
school
• Expulsion
The Children’s Act 2001
• Mostly relates to the protection of Children
and the legal rights of Children
The Equality Act 2004
• Provisions with regard to protection in the
workplace against harassment and unfair
treatment
• Specific measures for rights of people with
disabilities
• To enable a person with disability to have
employment
• To participate or advance in employment
• To undergo training
The Disability Act 2005
• Designed to protect the rights of the disabled
• Deals with Assessment and the position of
Assessment Officers
• The service Statement which will specify
services to be provided by the Health executive
• The complaint Process
• The appeals Process
• The mediation Process
• Creation of a Centre for Universal Design
Education for People with Special
Educational Needs (EPSEN) Act 2004.
• The EPSEN Act 2004 provides for the provision
of education plans for students with special
educational needs (SEN). Under the Act,
children with SEN will be educated “in an
inclusive environment with children who do not
have SEN”, unless this should be inconsistent
either with the best interest of the child, or with
the effective provision for the other children.
• This provides the statutory requirements for
educational planning as they impact upon
students, parents, schools, and the National
Council for Special Education (the Council)
EPSEN Act Provisions for
Individual Planning:
• Under the EPSEN Act 2004, all children with
SEN should be provided with an IEP, and this
individualised programme should be delivered in
an 'inclusive environment' with students who do
not have SEN whenever possible.
• Before the individual planning process starts, the
Act identifies a four step process to confirm a
child's SEN. This involves:
4 Steps
• 1.Identification; the student is identified to the
principal as not benefiting from the educational
programme being provided in the school.
• 2.The principal takes in-school "practicable"
measures to meet the childs needs.
• 3.Following these measures, if the child is still
not benefiting from the programme being
provided, he/she is then assessed.
• 4.SEN is confirmed with an assessment
statement.
Assessment
• Assessment must commence not later
than one month after the principal’s
decision and be completed no later than
three months after that decision. Where an
assessment establishes that a student has
SEN, the principal must, within one month,
“cause a plan to be prepared for the
appropriate education of the student” –
called and ‘education plan’ (EP).
Preparing the Plan
• In preparing an EP the principal must ensure that the parents, area
Special Educational Needs Organiser (SENO), and other
‘appropriate’ people are consulted.
• Furthermore, s/he must ensure that parental involvement “is
facilitated”. As soon as the plan is prepared the principal must
provide a copy to the parents and the SENO. It is usually the
responsibility of the principal to ensure that a plan is prepared.
• However, where a child has a severe or complex SEN, or where,
following review, it is determined that their needs are not being met,
the principal can request the Council to prepare a plan for the child.
• When the Council is asked by a principal or health board to prepare
an education plan for a child, the Council can agree or disagree to
grant this request.
SENO ROLE
• The SENO must convene a team to provide advice in
relation to preparing the plan. The team should include
parents (where consenting), principal or teacher, and
one or more of:
• The child (where SENO deems appropriate)
• A psychologist (NEPS or otherwise suitably qualified)
• Any other person whom the parents or SENO consider
appropriate and who is suitably qualified
• The team are also directed to consider “any needs, other
than educational needs, …specified in the assessment.”
Content of the Plan
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The format of EPs has yet to be determined by the Council. The
specific content of plans will include the following:
The nature and degree of the child’s abilities, skills and talents;
The nature and degree of the child’s special educational needs and how
those needs affect his or her educational development;
The present level of educational performance of the child;
The special educational needs of the child;
The special education and related support services to be provided to the
child to enable the child to benefit from education and to participate in the
life of the school;
Where appropriate, the special education and related services to be
provided to the child to enable the child to effectively make the transition
from pre-school education to primary school education;
Where appropriate, the special education and related support services to be
provided to the child to enable the child to effectively make the transition
from primary school education to post-primary school education, and
The goals that the child is to achieve over a period not exceeding 12
months.
Placement
• The Council may designate, of its own
volition or upon the request of the parents,
the school that a child with SEN will attend,
and the school must admit the student
upon the Council’s directions.
Review
• The principal must initiate a review of the EP at
regular intervals and at least once a year. The
principal must provide a copy of a review report
to the parents and the relevant SENO.
• Where the SENO considers that the goals
specified in the plan have not been achieved,
s/he will reconvene the EP team (or part thereof)
in order to review the content and
implementation of the plan.
Appeals
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There are a number of grounds upon which the relevant parties may appeal
to the Special Education Appeals Board, including:
Principal and parents may appeal against the Council’s refusal to prepare a
plan following a request from the principal or health board (Section 3.13)
Parents may appeal against the Council or health board’s refusal to
undertake an assessment (Section 4.7)
Parents may appeal against an assessment on the grounds that it wasn’t
carried out in accordance with the relevant standards (Section 6.1)
The board of management of a school may appeal a decision by the
Council to designate its school as the recipient of and provider for a specific
child with SEN (Section 10.3)
Parents may appeal against the Council's refusal or failure to designate a
school for their child (Section 10.6)
Parents may appeal against a principal's refusal to arrange a review of their
child's education plan (Section 11.6)
Parents may appeal against the discharge of duties in relation to their child's
education plan, by the Council, principal, school or health board (Section
12)
Resources
• The school principal is responsible for implementing a
child's EP within the school.
• The Council is responsible for providing to the child the
necessary services identified in his/her education plan.
• The Minister for Education and Science has a duty to
provide the resources identified as necessary for the
delivery of EPs, pending the consent of the Minister for
Finance, and in keeping with the principle of allocating
resources in a manner consistent with the common good
(therefore, the allocation of resources is not
unconditional once needs and their related services have
been identified).
Difficulties with all legislation
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Get Out Clause
Many vague and ambiguous phrases
“The minister may “
“The Inspectorate will advise”
The big bugbear- lack of guarantee
“In carrying out his or her functions, the
Minister “shall have regard to the
resources available”