Education rights for disabled people ‘need funds backing’

PROPOSED legislation to improve education rights for the disabled is worthless without proper funding, lobby groups warned last night.

The bill, published yesterday by Education Minister Noel Dempsey, recognises the equal right of children with disabilities to a full education. It also does not prevent parents from going to the courts in pursuit of a proper education for their children.

Despite the rights-based approach, some campaign groups say the legislation is entire dependant on resources being made available by Government.

The Education for Persons with Disabilities Bill places a statutory duty on the Health and Education Ministers to make resources available for adequate education for children with special needs, but they must have the consent of the Minister for Finance.

Kathy Sinnott, who went to the Supreme Court to win an education for her adult autistic son Jamie, said the Bill in its present form will not stop parents having to go to court.

“It is a move in the right direction but it will not realise its promise unless an awful lot of detail is changed and the funding is made available.”

However, Alan Crosbie, chairman of Down Syndrome Ireland, demanded yesterday that resources for the Bill should be ring-fenced and not subject to the vagaries of the economy.

The Bill was broadly welcomed, he said, but the jury remained out on the guarantee of resources and the statutory right to an education for children with disability after the age of 18.

“There are worrying aspects to the Bill in that the legislation only applies to children up to the age of 18. Assurances have been given that further legislation, expected in November, will cover children over 18 but we haven’t seen that yet, and it is a concern.”

The Irish Progressive Autism Alliance said the legislation was not worth the paper it was printed on.

“If the Government wants to introduce a Bill like this, they have to have the finance in place and the professionals available. If it’s to be rights-based, it can’t be predicated by the Minister for Finance on the money front,” said IPAA chairman Kieran Kennedy.

Mr Dempsey acknowledged the legislation will take time to implement but said the Government is committed to doing so in the shortest time possible.

Mr Dempsey said he will begin a consultation process immediately and hopes to enact the legislation by Christmas. A National Council for Special Education, which is already being set up, will have a duty to provide the services identified in each child’s education plan.

The Bill has a number of changes from similarly-titled legislation which Mr Dempsey’s predecessor Michael Woods failed to have rushed through before last year’s general election.

It gives parents a clear role in the assessment of children’s needs and setting out an education plan for them.

For children under five years old, health boards will be obliged to make an assessment where it appears the child is likely to have an educational disability.

The National Association for Mentally Handicapped of Ireland described the proposed linkages between education and health related support

services as a very real problem. However, the National Parents Council (Primary) welcomed the focus on rights to education and particularly the appeals system contained in the Bill.

The Irish National Teachers Organisation said the ideals of the Bill were positive as long as resources are made available, particularly for principals whose workload is likely to be increased.

Fine Gael education spokesperson Olwyn Enright said Mr Dempsey has not conferred any rights on parents or children that did not already exist.

Jan O’Sullivan, Labour Party education spokesperson, said the Bill will not work without adequate resources.