Education for persons with special educational needs act 2004

• Enactment Date: 19 July 2004
• Act Number: 30

Number 30 of 2004
EDUCATION FOR PERSONS WITH SPECIAL EDUCATIONAL NEEDS ACT 2004
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Inclusive education. 3. Preparation of education plan by school (including steps preliminary to such preparation). 4. Assessment of child by or on behalf of health board or Council. 5. Mode of assessment under section 3 or 4. 6. Appeals in relation to assessments. 7. Provision of services. 8. Preparation of education plan at direction of Council. 9. Content of education plan. 10. Designation of school. 11. Review of education plan. 12. Appeals in relation to education plans. 13. Duty of Minister and Minister for Health and Children to make resources available. 14. Duty of schools. 15. Planning for future education needs. 16. Implementation of relevant education policy by health boards. 17. Liaison officers. 18. Delegation of functions of principals, etc. 19. National Council for Special Education. 20. Functions of Council. 21. Membership of Council. 22. Consultative forum. 23. Implementation report. 24. Chief Executive Officer. 25. Employees. 26. Special educational needs organisers. 27. Curriculum. 28. Removal of Council from office. 29. Accounts and audits. 30. Accountability of Chief Executive Officer to Committee of Public Accounts. 31. Accountability of Chief Executive Officer to other Oireachtas Committees. 32. Gifts. 33. Committees. 34. Annual report and information. 35. Establishment day. 36. Special Education Appeals Board. 37. Report of Appeals Board. 38. Provision for mediation in certain cases. 39. Duty of health boards. 40. Amendment of section 7 of Act of 1998. 41. Maintenance of records. 42. Regulations. 43. Grants to Council and Appeals Board. 44. Service of notices. 45. Dissolution of body established under section 54 of Act of 1998. 46. Legal proceedings pending against former Council. 47. Transfer of property rights and liabilities of former Council. 48. Bonds, guarantees, contracts, etc., of former Council. 49. Transfer of staff of former Council. 50. Plans, reports, etc., under Act privileged. 51. Expenses. 52. Amendment of Act of 1998. 53. Short title and commencement.
SCHEDULE 1
Membership and Meetings of Council
SCHEDULE 2
The Chief Executive Officer
Acts referred to Civil Service Commissioners Act 1956 1956, No. 45 Civil Service Regulation Acts 1956 to 1996 Comhairle Act 2000 2000, No. 1 Companies Acts 1963 to 2001 Comptroller and Auditor General (Amendment) Act 1993 1993, No. 8> Education Act 1998 1998, No. 51 Health Act 1970 1970, No. 7
Number 30 of 2004
EDUCATION FOR PERSONS WITH SPECIAL EDUCATIONAL NEEDS ACT 2004
AN ACT TO MAKE FURTHER PROVISION, HAVING REGARD TO THE COMMON GOOD AND IN A MANNER THAT IS INFORMED BY BEST INTERNATIONAL PRACTICE, FOR THE EDUCATION OF PEOPLE WITH SPECIAL EDUCATIONAL NEEDS, TO PROVIDE THAT THE EDUCATION OF PEOPLE WITH SUCH NEEDS SHALL, WHEREVER POSSIBLE, TAKE PLACE IN AN INCLUSIVE ENVIRONMENT WITH THOSE WHO DO NOT HAVE SUCH NEEDS, TO PROVIDE THAT PEOPLE WITH SPECIAL EDUCATIONAL NEEDS SHALL HAVE THE SAME RIGHT TO AVAIL OF, AND BENEFIT FROM, APPROPRIATE EDUCATION AS DO THEIR PEERS WHO DO NOT HAVE SUCH NEEDS, TO ASSIST CHILDREN WITH SPECIAL EDUCATIONAL NEEDS TO LEAVE SCHOOL WITH THE SKILLS NECESSARY TO PARTICIPATE, TO THE LEVEL OF THEIR CAPACITY, IN AN INCLUSIVE WAY IN THE SOCIAL AND ECONOMIC ACTIVITIES OF SOCIETY AND TO LIVE INDEPENDENT AND FULFILLED LIVES, TO PROVIDE FOR THE GREATER INVOLVEMENT OF PARENTS OF CHILDREN WITH SPECIAL EDUCATIONAL NEEDS IN THE EDUCATION OF THEIR CHILDREN, FOR THOSE PURPOSES TO ESTABLISH A BODY TO BE KNOWN AS THE NATIONAL COUNCIL FOR SPECIAL EDUCATION AND TO DEFINE ITS FUNCTIONS, TO CONFER CERTAIN FUNCTIONS ON HEALTH BOARDS IN RELATION TO THE EDUCATION OF PEOPLE WITH SPECIAL EDUCATIONAL NEEDS, TO ENABLE CERTAIN DECISIONS MADE IN RELATION TO THE EDUCATION OF PEOPLE WITH SUCH NEEDS TO BE THE SUBJECT OF AN APPEAL TO AN APPEALS BOARD AND TO PROVIDE FOR RELATED MATTERS. [19th July 2004]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—(1) In this Act, unless the context otherwise requires—
	“Act of 1998” means the Education Act 1998 ;
	“Appeals Board” shall be construed in accordance with section 36 ;
	“child” means a person not more than 18 years of age;
	“Council” shall be construed in accordance with section 19 ;
	“education plan” shall be construed in accordance with section 3 or 8, as appropriate;
	“health board” means—
	(a) a health board established under section 4 of the Health Act 1970 ,
	(b) the Eastern Regional Health Authority, or
	(c) the Northern Area Health Board, the East Coast Area Health Board or the South-Western Area Health Board;
	“Minister” means the Minister for Education and Science;
	“national association of parents” has the same meaning as it has in the Act of 1998;
	“parent” has the same meaning as it has in the Act of 1998;
	“prescribed” means prescribed by regulations made by the Minister under this Act;
	“recognised school management organisations” has the same meaning as it has in the Act of 1998;
	“recognised trade union or staff association” means a trade union or staff association recognised by the Minister for the purposes of negotiations that are concerned with the remuneration, conditions of employment, or working conditions of employees;
	“relevant health board” means the health board in whose functional area the child or person concerned resides;
	“school” means a recognised school (within the meaning of the Act of 1998);
	“school year” has the same meaning as it has in the Act of 1998;
	“special educational needs” means, in relation to a person, a restriction in the capacity of the person to participate in and benefit from education on account of an enduring physical, sensory, mental health or learning disability, or any other condition which results in a person learning differently from a person without that condition and cognate words shall be construed accordingly;
	“special educational needs organiser” shall be construed in accordance with section 26 ;
	“student” has the same meaning as it has in the Act of 1998;
	“team” shall be construed in accordance with section 8 , 9 or 11 as appropriate;
	“voluntary body” has the same meaning as it has in the Comhairle Act 2000 .
	(2) In this Act—
	(a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended,
	(b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,
	(c) a reference to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, extended or adapted by or under any subsequent enactment.
	Inclusive education.	2.—A child with special educational needs shall be educated in an inclusive environment with children who do not have such needs unless the nature or degree of those needs of the child is such that to do so would be inconsistent with—
	(a) the best interests of the child as determined in accordance with any assessment carried out under this Act, or
	(b) the effective provision of education for children with whom the child is to be educated.
	Preparation of education plan by school (including steps preliminary to such preparation).	3.—(1) Subsection (2) applies where the principal of a school—
	(a) having been notified by the parents of a student in the school that they are of the opinion referred to in this paragraph and been requested by them to take the measures specified in subsection (2), considers that opinion to be well founded, namely, an opinion that the student is not benefiting from the education programme provided in the school to children who do not have special educational needs to the extent that would be expected of the student, or
	(b) otherwise forms such an opinion in respect of a student in the school.
	(2) Where this subsection applies, the principal of the school shall take such measures as are practicable to meet the educational needs of the student concerned.
	(3) Where the principal of a school, having taken the measures referred to in subsection (2), is of the opinion that the student concerned is still not benefiting from the education programme provided in the school and that his or her difficulty in doing so may arise from his or her having special educational needs, the principal, after consultation with the parents of the student, shall, subject to subsection (6), arrange for an assessment of the student to be carried out.
	(4) Without prejudice to section 5 (5), an assessment referred to in subsection (3) shall be—
	(a) commenced as soon as practicable, and in any case not later than 1 month, after the principal has reached the opinion referred to in that subsection,
	(b) completed as soon as practicable, and in any case not later than 3 months, after the principal has reached that opinion, and
	(c) carried out in accordance with such guidelines relating to persons who are to carry out assessments under this section and the form that those assessments are to take as may be issued from time to time by the...