EPSEN ACT PDF

Disclaimer This information is not comprehensive but is simply a summary for readers. It is not, and should not be taken as, a legal interpretation of the Act. The Act does not come into force until the Minister for Education and Science signs orders to commence it. It will be implemented gradually over the course of a number of years.

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In Ireland, a substantial body of legislation provides statutory support for education policy and provision for children with special educational needs SEN.

The impetus for this legislation arises from a desire on the part of the community and the government to assert the rights of children with SEN to an education that is appropriate to their needs, and to ensure statutory protection for their rights to such an education. The legislation includes the following:. These acts provide a statutory basis for education policy and provision by the Department of Education and Skills, other government departments and state agencies in relation to the education of all children, including children with SEN.

It legally obliges schools to provide for a diversity of needs, values and traditions. The preamble to the Education Act specifically refers to provision for the education of persons with disabilities or SEN. Under the Education Act , schools are required to use their resources to ensure that the educational needs of learners with disabilities or other SEN are identified and provided for.

The boards are also required to prepare and regularly review and update a school plan setting out the measures that the school proposes to take to achieve equality of access and participation in the school by learners with disabilities or other SEN.

Under the Act, the Minister for Education and Skills is responsible for ensuring that persons with disabilities or other SEN can avail of support services and a level and quality of education appropriate to their needs and abilities.

The support services that the minister can provide for schools and for learners with SEN and their parents include:.

The minister may make regulations relating to access to schools and education centres by learners with disabilities or other SEN. Further information about the Education Act is available on the Department of Education and Skills website. The Equal Status Act and Equality Act promote equality and prohibit types of discrimination, harassment and related behaviour. Discrimination on the ground of disability includes:. Derogation from these provisions is permitted when compliance with them in relation to learners with disabilities would make impossible, or seriously limit, the provision of services for other learners.

Further information about these guidelines and these acts is available on the Equality Authority website. While this Act does not specifically refer to special education, its provisions apply to all learners, including those with SEN. It deals with the assessment and identification of SEN and the development and implementation of education plans for children with assessed SEN.

It confers on parents a series of rights in relation to their child with SEN. The sections that are implemented include the establishment of the National Council for Special Education NCSE and the sections of the Act that provide for promoting an inclusive approach to the education of children with SEN.

The parts of the Act that have not been implemented include the provisions relating to an individual right to assessment, individual education plans and the designation of schools.

When the EPSEN Act is fully implemented, the NCSE will have specific functions in relation to assessing learners, preparing individual education plans and co-ordinating education and health services. Further information about the National Council for Special Education is available on its website. The HSE website provides further information.

Part 2 of the Disability Act sets out a system for assessing individual health service needs. It provides a statutory entitlement to an independent assessment of health and education needs, a statement of the services service statement which it is proposed to provide, and an independent redress mechanism where there is a failure to provide these entitlements. Under this section, any person who considers that they may have a disability is entitled to apply for an independent assessment of need.

There is provision for a relative, guardian or personal advocate to apply for an assessment of need on behalf of a person with a disability. Arising from the assessment, the Act stipulates that the person concerned be given an assessment report. The assessment report indicates whether a person has a disability, the nature and extent of the disability, the health and education needs arising from the disability, the services considered appropriate to meet those needs, the timescale ideally required for their delivery, and when a review of the assessment should be undertaken.

Part 2 of the Disability Act was commenced in June for children aged under five. Information about the Disability Act is available on the Department of Justice and Equality website. The Data Protection Acts are designed to protect the rights of individuals including those with SEN with regard to personal data that is held in computer files or in manual files that are structured or searchable by reference to individuals.

The law defines personal data as:. Schools and other public agencies are required to act in accordance with the provisions of the Data Protection Acts and any further guidance in relation to the Acts provided by the Data Protection Commissioner regarding the management of information on individual learners.

Country information for Ireland - Legislation and policy. The support services that the minister can provide for schools and for learners with SEN and their parents include: assessment, psychological, guidance and counselling services; technical aid and equipment; adaptations to buildings to facilitate access; early childhood and continuing education; transport.

Discrimination on the ground of disability includes: a refusal or failure by the provider to do all that is reasonable to accommodate the needs of a person with a disability by providing special treatment or facilities, if without such special treatment or facilities it would be impossible or unduly difficult for the person to avail himself or herself of the service. The Disability Act The key purposes of the Disability Act are: to enable provision to be made for assessing the health and education needs of persons with disabilities; to enable government ministers to make provision for services to meet those needs; to provide for the preparation of plans by ministers for the provision of services; to provide for appeals in the event of services not being provided; to promote equality and social inclusion.

The Data Protection Acts , and The Data Protection Acts are designed to protect the rights of individuals including those with SEN with regard to personal data that is held in computer files or in manual files that are structured or searchable by reference to individuals. The law defines personal data as: data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller Data Protection Amendment Act Share this page:.

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