The policy of the Department of Education and Science in relation to students with special educational needs – SEN students – recognises the need for a continuum of provision ranging from full-time enrolment in mainstream classes in mainstream schools to enrolment in special schools.

Education Act, 1998

The 1998 Education Act is:

“An Act to make provision in the interests of the common good for the education of every person in the State, including any person with a disability or who has special educational needs, and to provide generally for primary, post-primary, adult and continuing education and vocational education and training;…”

Section 2 of the Act defines disability as meaning:

“(a) the total or partial loss of a person’s bodily or mental functions, including the loss of a part of the person’s body, or

(b)   the presence in the body of organisms causing, or likely to cause, chronic disease or illness, or

(c)   the malfunction, malformation or disfigurement of a part of a person’s body, or

(d)   a condition or malfunction which results in a person learning differently from a person without the condition or malfunction, or

(e)   a condition, illness or disease which affects a person’s thought processes, perception of reality, emotions or judgement or which results in disturbed behaviour”

Section 2 of the Act defines special educational needs as meaning:

“The educational needs of children who have a disability and the educational needs of exceptionally able children”.

Education for Persons with Special Educational Needs Act, 2004

The Act makes provision for the education of people with special educational needs, to provide that education wherever possible, in an inclusive environment with those who do not have such needs.  The Act states:

“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, ……….

The Act defines special educational needs as meaning:

‘‘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;”

The Act makes provision for inclusive education as follows: 

“ (a) 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.”

Key elements of the Act include:

  • Statement on inclusive education  - as above
  • Broad definition of special educational needs – as above
  • A “child” is defined as a person under 18 years of age
  • Establishment of the National Council for Special Education with overall responsibility to assist schools to plan and deliver support services for SEN students. Link here to www.ncse.ie
  • Council to appoint Special Educational Needs Organisers – SENOs – to work with schools to determine resource allocation for SEN students. Resources could include: Application for additional teaching support.

Application for Special Needs Assistant support; Application for school transport; Application for Assistive Technology.  

  • Each school will prepare an Education Plan for students who have been assessed as having special educational needs.  The Plan will be prepared under the co-ordination of the SENO involving the co-operation of the parents, the Principal or relevant teachers, a psychologist from NEPS and other relevant personnel, as appropriate.
  • Section 13 specifies the duty of the Minister for Education and Science and the Minister for Health and Children to make resources available for the preparation and the implementation of Education Plans.

Individual Education Plans

The NCSE has produced comprehensive guidelines for the preparation of Individual Education Plans – IEPs  - for SEN students.  While there is not yet a statutory requirement to provide IEPs for SEN students, schools are required to have in place an appropriate curriculum and supports to ensure that the needs of SEN students are being met.  To this end, the Guidelines issued to schools by the NCSE in 2006 provide practical advice on the preparation, content, objectives and review of such plans.

Link here to www.ncse.ie/publications

Inclusion of Students with Special Educational Needs

Post-Primary Guidelines, 2007

The Departmental Guidelines provide a detailed overview of the entire provision for special educational needs in second level schools, including:

  • Legislation for SEN students
  • Whole-school planning and organisation
  • Assessment and use of appropriate test instruments
  • Role and functions of school staff
  • Role of Resource Teacher
  • Role of Learning Support Teacher
  • Parents
  • Planning for SEN students
  • Teaching and learning in the inclusive classroom

Special Education Support Service

The Special Education Support Service – SESS - co-ordinates, develops and delivers a range of professional development initiatives and support structures for school personnel working with students with special educational needs in mainstream primary and post-primary schools, special schools and special classes. The SESS operates under the remit of the Teacher Education Section (TES) of the Department of Education and Science. Its website – www.sess.ie – contains a list of resources for teachers in the following areas:

Special Needs Assistants

Students who have special care needs, as described in Circular PPT 05/01, may be allocated a Special Needs Assistant.  At present, there are 500+ Special Needs Assistants in the second level sector.  Their role is confined to that of meeting the special care needs of individual students or groups of students.  Circular PPT 05/01 provides guidelines on the role of the Special Needs Assistant.   Department circular SNA 03/03 provides advice on the “Appointment Procedures for Special Needs Assistants”    

Special Needs and Examinations

Scheme of Reasonable Accommodations

The State  Examinations Commission operates a Scheme of Reasonable Accommodations for candidates with special needs in the certificate examinations.  Reasonable accommodations are also extended to candidates who are hospitalised.  Link to www.examinations.ie here.

National Educational Psychological Service

The National Educational Psychological Service – NEPS –is an agency of the Department of Education and Science. in 1999. NEPS psychologists work with schools primarily in the following areas:

  • Case Management: dealing with referrals, conducting assessments, suggesting interventions and follow up, including contributing to Individual Education Plans under the direction of SENOs.
  • Support and Development Work: consultation with teachers, developing and implementing whole school strategies and inservice training in schools
  • Responding to critical incidents in schools.