Law on education for children with disabilities to be reviewed

Legislation on access to education for children with additional needs to education is to be reviewed.

Minister of State for special education Josepha Madigan said the review of the Education for Persons with Special Educational Needs Act 2004 (Epsen Act), which begins next month, aims to ensure the legislation is "up-to-date, fully operational, and reflective of the lived experiences of students and families".

It is envisaged the full review will be completed by early 2023, she said.

While the legislation was widely regarded as ground-breaking when it was introduced, key parts have still not been commenced which campaigners say has resulted in delays for children in accessing assessments of need and therapeutic services.

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My daughter’s third-level experience is pretty dismal. Is this normal?

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Ms Madigan said a steering group and advisory group will oversee the process and all stakeholders will be invited to engage with the process.

She has also asked the Department of Education to review the operation of section 37A of the Education Act (1998) which deals with school placements for children with special educational needs.

“Ultimately we want our legislation to facilitate the best possible education and outcomes for children with special needs at all stages of their education,” she said.

Adam Harris of the autism charity AsIAm warmly welcomed the review and Ms Madigan’s recognition of the need to legislate for the rights of students with additional needs.

“While there have been many developments in our education system over the past 17 years, it remains that students with additional needs have no right to support within our system due to the failure of successive governments to commence legislation passed by the Oireachtas in 2004,” he said.

The consequence of this was many children without appropriate school place, without the support required within the classroom or too often restrained, excluded or expelled from school.

“The only way to ensure a universally inclusive system is to activate laws which place the right to the right support at the right time on the statute book,” he said.