# data[].attributes.body
IEP - Individual Education Plan

SEN/AEN - Special Educational Needs/Additional Educational Needs

EPSEN Act - Education for Persons with Special Educational Needs Act

NCSE - National Council for Special Education

# data[].attributes.body
Currently being reviewed. The Department of Education has initiated a public consultation on the review of the Act in November of 2022 and was submitted to the Department in March 2023.

(Ombudsman for Children, 2023)

# data[].attributes.attachment_link.readable_text
EDUCATION FOR PERSONS WITH SPECIAL EDUCATIONAL NEEDS ACT 2004

SCHEDULE 1

Membership and Meetings of Council

SCHEDULE 2

The Chief Executive Officer

Acts referred to

Companies Acts 1963 to 2001

EDUCATION FOR PERSONS WITH SPECIAL EDUCATIONAL NEEDS ACT 2004

"education plan" shall be construed in accordance with section 3 or 8, as appropriate;

( a) a health board established under section 4 of the Health Act 1970 ,

"team" shall be construed in accordance with section 8 ,9 or 11 as appropriate;

(4) Without prejudice to section 5 (5), an assessment referred to in subsection (3) shall be-

(6) Where the principal of a school is of the opinion, having regard to any guidelines that may be issued by the Council from time to time under subsection (8), that the arrangement of an assessment under subsection (3) of a student is not practicable he or she shall request the Council to arrange for an assessment of the student under section 4.

(7) If the Council accedes to a request under subsection (6), section 4, with the necessary modifications, and section 5 shall apply accordingly.

( a) having regard to the nature and extent of a child's special educational needs as established by an assessment under this section, the preparation of an education plan under subsection (5) in accordance with the guidelines for the time being in force under section 9 (3) will not meet the child's special educational needs, or

( b) whether the opinion is formed in consequence of a review under section 11 or otherwise, an education plan prepared under subsection (5) in respect of a child is not meeting those needs of the child and the taking of any steps by a special educational needs organiser under section 11 on foot of any report by the principal under subsection (3) of that section is unlikely to result in those needs being met,

(12) If the Council accedes to a request under subsection (11), then subsections (3) to (5) of section 8 shall apply and, in the case of paragraph (b) of subsection (11), the education plan prepared by the Council under section 8 shall supersede the education plan referred to in that paragraph.

Mode of assessment under section 3 or 4.

5.-(1) An assessment under section 4 shall be carried out with the assistance of persons possessing such expertise and qualifications as the health board or the Council considers appropriate; those persons may, in the discretion of the board or the Council, include one or more of the following:

(2) A health board, the Council or a principal, as appropriate, shall facilitate, in a manner that is consistent with the assessment being carried out effectively, the participation by the parents of the child concerned in the carrying out of an assessment under section 3 or 4.

(3) Before causing an assessment under section 4 (other than pursuant to a request under subsection (3) of that section) to be carried out, the health board or the Council shall give notice in writing to the parents of the child of the intention to do so and the reasons therefor and, subject to subsection (4), shall not cause the assessment to be carried out without the consent in writing of the parents.

(4) Where the parent of a child fails or refuses to give his or her consent, within such period as may be specified by the health board or the Council, to the carrying out of an assessment under section 4 to which subsection (3) applies, the health board or the Council, as the case may be, may apply to the Circuit Court for an order dispensing with the requirement under subsection (3) for the parent's consent and the Circuit Court may, on the hearing of the application, make such an order if it considers it in the best interests of the child to do so.

(5) An assessment under section 3 or 4 shall be carried out in a manner which conforms to such standards as may from time to time be determined, after consultation with the Minister, by a prescribed body, that is to say, a body standing prescribed by regulations made by the Minister for Health and Children for the purposes of its determining the standards that assessments under those sections must conform to.

6.-(1) Parents may, in respect of their child, appeal to the Appeals Board against an assessment made under section 3 or 4 in relation to the child on the ground that it was not carried out in a manner which conforms with the standards determined under section 5 (5).

( a) allow the appeal and give such direction as it considers appropriate to the principal, the health board or the Council, as appropriate, (which may include a direction requiring a fresh assessment under section 3 or 4 to be carried out in relation to the child), or

7.-(1) In the case of a child who is not a student, the relevant health board shall, subject to subsection (2), provide to the child such of the services identified in the assessment carried out under section 4 in relation to the child as are necessary to enable him or her to participate in and benefit from education.

( a) an appeal against an assessment under section 6 or an appeal under section 12 in relation to an education plan is made, or

8.-(1) The Council upon being informed by a health board or the principal of a relevant school that a child has special educational needs, shall, unless an education plan has been or is being prepared under section 3 in respect of the child, direct the relevant special educational needs organiser to cause to be prepared a plan for the appropriate education of the child (in this Act also referred to as an "education plan").

9.-(1) An education plan under section 3 or 8 shall be in such form as the Council may determine from time to time and specify in a notice published, in such manner as it thinks fit, for the purposes of this subsection.

(2) The matters to be specified in an education plan under section 3 or 8 shall include-

(3) The Council may prepare guidelines with respect to the matters to be provided in an education plan prepared under section 3 by reference to the category of special educational need (being a category of such need specified in the guidelines for the purpose) that is relevant to the child concerned and, in particular, by reference to that category, with respect to the matters specified in paragraph (e), (g) and (h) of subsection (2).

(8) If the subject of an appeal under subsection (6) is whether a particular school specified in a request of parents should be designated, the Appeals Board shall cause the board of management of that school to be made a notice party to the appeal and that board shall have the right to make submissions to the Appeals Board in relation to the matter (and subsection (5) shall apply for this purpose as it applies for the purposes of an appeal under subsection (3)); for the purposes of such an appeal the Appeals Board shall require the Council to indicate whether it would, if it were to designate the particular school concerned, make a recommendation of the kind referred to in subsection (2) and if it indicates that it would make such a recommendation, to specify the nature of it.

( a) allow the appeal and give a direction to the principal requiring him or her to review or cause to be reviewed the education plan (and such a review shall be regarded as a review under subsection (1), and subsection (2) shall apply accordingly), or

22.-(1) There shall be, for the purpose mentioned in subsection (2), a consultative forum, that is to say, a group of persons who shall be appointed in accordance with subsections (3) and (5) and who, as a collective body, are referred to subsequently in this section and in section 23 as the "consultative forum".

( a) specify a date for the commencement of each of the provisions of this Act (other than sections 19 to 21),

27.-The National Council for Curriculum and Assessment shall consult with the Council prior to advising the Minister under section 41 (2)( f) of the Education Act 1998 .

( d) any matter affecting the Council referred to in a special report of the Comptroller and Auditor General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

35.-The Minister shall within one year from the passing of this Act by order or orders appoint a day to be the establishment day for the purposes of sections 19 and 36 and the day that is so appointed for the purposes of one of those sections may be different to that which is so appointed for the other of them.

( e) such provisions consequential on, or incidental to, the foregoing provisions or the provisions of subsection (3) or (4) as the Minister may consider necessary or expedient.

40.- Section 7 of the Education Act 1998 is amended by inserting the following subsections after subsection (4):

SCHEDULE 1

Membership and Meetings of Council

Section 19 .

SCHEDULE 2

The Chief Executive Officer

Section 24 .

# data[].attributes.attachment_link.keywords[]
irish statute book; irish legislation; acts; statutory instruments; constitution

# data[].attributes.attachment_link.title
Education for Persons with Special Educational Needs Act 2004

# data[].attributes.attachment_link.description
The electronic Irish Statute Book (eISB) comprises the Acts of the Oireachtas (Parliament), Statutory Instruments, Legislation Directory, Constitution and a limited number of pre-1922 Acts.

# data[].attributes.body
(The Intentional IEP, n.d.)

# data[].attributes.attachment_link.description
We all know what IEP’s are- Individualized Education Programs. However, we may not understand why an IEP is so important! Did you know that IEPs didn’t even exist until 1975? Before that, millions of children with disabilities were denied a free, appropriate public education due to their

# data[].attributes.attachment_link.readable_text
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking "Accept All", you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent.

# data[].attributes.attachment_link.title
Teachers - Post Primary: I want to see resources on...

# data[].attributes.attachment_link.description
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking "Accept All", you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent.

# data[].attributes.body
Margret from Inclusion Ireland spoke before the Oireachtas Education Committee, where she highlighted the main sections of the EPSEN act not being commenced.

# data[].attributes.attachment_link.title
Key education rights for disabled children still not in place after 17 years

# data[].attributes.headline
Resource Pack from the Department of Education and Science, 2007

# data[].attributes.subject
Resource Pack from the Department of Education and Science, 2007

# data[].attributes.headline
International Review of the Disability Diagnosis Process

# data[].attributes.subject
International Review of the Disability Diagnosis Process

# data[].attributes.headline
Resource for the Transition from Primary to Secondary Education.

# data[].attributes.subject
Resource for the Transition from Primary to Secondary Education.

# data[].attributes.body
Offers templates for IEPs

# data[].attributes.attachment_link.readable_text
An IEP identifies the provision needed, sets realistic targets and monitors progress for children with learning difficulties or disabilities.

Download FREE teacher-made resources covering 'Individual Education Plan (IEP)'

What is an IEP (Individual Education Plan)?

An Individual Education Plan or IEP, is an individualised plan or programme designed for children with SEN to describe the provision and adaptations that they need in order to access their learning, and to set personalised targets.

An IEP sets out realistic strategies and objectives that the child will be able to meet, and monitors their progress with these.

What is the Purpose of an IEP?

An IEP allows teachers to adapt specific targets to match the child's needs and how these targets will be reached.

It allows the school to plan ahead appropriately and monitor the effectiveness of teaching, additional support or interventions. It can be used to communicate with parents and other members of staff who help the child, and to help the child become aware of their own learning and progress.

What is in an IEP?

An IEP will contain objectives, targets and strategies outlining information such as:

Assessment information

Targets and timeframes on when the child is expected to achieve an objective

Likes, dislikes and worries that the child has

Details of any additional support they need

Parent/Guardian and child's information

# data[].attributes.attachment_link.title
What is an Individual Education Plan (IEP)? | Twinkl Teaching Wiki

# data[].attributes.attachment_link.description
Looking to learn more about Individual Education Plans (often shortened to IEP)? Check out this informative Teaching Wiki to discover more about these provision boosters.

# data[].attributes.body
Inclusion Ireland advocates for individuals with Intellectual Disabilities. They also offer resources and support.

# data[].attributes.attachment_link.readable_text
Article 24 of the UNCRPD places obligations on the Irish government to ensure that people with disabilities are not excluded from education on the basis of disability and can access education on an equal basis with others.

20 years after it was initially passed, the Education for Persons with Special Educational Needs Act (EPSEN Act) has yet to be fully commenced. In the current public consultation, Inclusion Ireland highlighted the immediate need to commence those parts of the Act that would entitle children to have:

An educational assessment of their needs.

The development of an Individual Education Plan (IEP) is based on this assessment.

The delivery of education support is detailed in the plan. An independent appeal process.

Inclusion Ireland also highlighted the need to review parts of the Act that are contrary to the UN Convention on the Rights of Persons with Disabilities (UNCRPD). This is especially true for section 2 of the Act that currently allows for exceptions to inclusive education "if not in the best interests" of both the child with special educational needs and in the best interest of other children with whom the child is to be educated.

In 2022, the Children's Ombudsman received over 1800 complaints, a third of these being about school or education issues. Bullying and special education provisions were the most common ones received. The Ombudsman highlighted the difficulty of tracking how money is spent due to the lack of clarity around Budget follow-up. He declared that" it is not possible to accurately say how much the State spends on children due to inadequate data gathering". Moreover, he criticised the way money was spent stating that "Last September the Government announced a phenomenal €11bn budget expansion for 2023, but so far this has not been directed towards the key supports and infrastructure needed by children"

Exclusion from school

Many children with additional educational needs face restrictions to their right to education while at school. The measures to restrict access to education can go from short school days or reduced timetables to permanent exclusion from schools. Many children on short school days are missing certain subjects partially or entirely and are being denied their legal right to education.
In 2019, Inclusion Ireland released a report on short days and their impact on children and families. According to this report:

One in four children with an intellectual disability or developmental disability such as autism has been put on short school days.

Half of the children put on short school days had that reduction for 20 days or more, with many suspensions extending to years without a medical reason and against their parent's wishes.

Most of these arrangements for short school days were made on the basis of a child's 'challenging behaviour' and without consulting experts outside the school.

As a result of experiencing short school days, children suffer significant feelings of anxiety and exclusion, and in many cases a desire to leave school entirely. As a result of short school days for their children, parents suffer mental and physical health problems, including loss of sleep, and a quarter have sought professional help from doctors and/or therapists for themselves.
Education, Behaviour and Exclusion, The experience and impact of short school days, on children with disabilities and their families in the Republic of Ireland
In our survey this year for Pre-Budget 2024, 27% of the 250 respondents who have a child with an intellectual disability indicated that their children have been attending/were attending school on a reduced timetable or for a shorter school day. 2% of the respondents mentioned that their children have been expelled from school in the past.

Read more about our Budget 2024 Submission here.

At Inclusion Ireland we call for:

The amended EPSEN Act is supported by a multi-annual and fully costed plan to move towards a fully inclusive model of education over the next 10 years. This would entail:

Reduction of class sizes to under 20 pupils by reducing teacher/pupil ratio.

Availability of therapeutic supports within school environments. This is almost non-existent at present. The National Council for Special Education (NCSE) is given annual funding for 39 therapy posts each year as part of the School Inclusion Model (SIM). We call for this funding, at a minimum, to become regularised in budget 2024 and for a pathway to be created towards the wider rollout. Children with higher support needs (no matter where they go to school) should be able to access therapies.

Provision of comprehensive, rights-based training for teachers and Special Needs Assistants (SNAs) this should include universal design for learning, rights-based approaches for supporting children in crisis and how to make sure the school environment is accessible for all children.

Funding to train educators and school staff against the use of seclusion. Restraint should never be used as an intervention with a child as it breaches their fundamental rights.

Provision of career guidance to disabled children across all settings. Additional SNAs in mainstream schools.

You can read more about your right to education in our resource section here.

# data[].attributes.attachment_link.description
Championing inclusive education for all. Discover our initiatives at Inclusion Ireland. Join us in promoting equal learning opportunities.