Key laws on education for children with disabilities to be reviewed 

Minister of State for Special Education,
Josepha Madigan.

A key piece of “groundbreaking” legislation on the education rights of children with disabilities which was introduced more than 17 years ago but never fully brought into effect, is to be fully reviewed.

Josepha Madigan, the Minister of State for Special Education, has today announced the commencement of a full review of the Education for Persons with Special Educational Needs (EPSEN) Act 2004.

The Act provides for the education of children and young adults under the age of 18 years with special educational needs. Sections of the legislation that have never been brought into effect include the right to an education assessment of need, the development of an individual education plan (IEP), the delivery of the education supports detailed in the plan, and an independent appeal process.

The review of the legislation is due to begin in January 2022, with the establishment of a steering group and the advisory group to oversee the process. Ms. Madigan 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.

Additional places

That section gives the Minister for Education the powers to direct a school to provide additional places for children with special educational needs. 

The legislation has been used just twice to date since it was introduced in 2018. According to the Department of Education, the review of the EPSEN Act 2004 is to ensure that the legislation is "up-to-date, fully operational, and reflective of the lived experiences of students and families". 

Ms Madigan previously said that the National Council for Special Education (NCSE) in 2006 estimated that additional investment of up to €235 million per annum would be required to fully implement the EPSEN Act. Via a parliamentary question earlier this year, she said the view of her department at the time was that "the level of investment required could be significantly greater than that envisaged in the NCSE report".

The review will begin in January, with the establishment of a steering group and advisory group to oversee the process. Stakeholders will be invited to engage with the process, which will also include a formal consultation process and input from the advisory group. It is envisaged the full review will be completed by early 2023.

Ms. Madigan said: "The EPSEN Act 2004 is now in place for more than 17 years and there have been many significant changes and developments to policy relating to the education of children with special needs in that time. 

It is important that we take full account of developments over the last two decades, to ensure that our legislation reflects current best practice, both nationally and internationally.

“I have already put on record that reviewing and updating our laws relating to special education is a priority for me as a minister, and while it is important for this to happen as soon as possible, I also want this review to be as effective as it can be. It is important we take into account the existing policy framework, legislative concerns and examine existing information and research."