Consideration should be given to bringing all school-age children under a single piece of legislation to ensure a legal, rights-based approach to inclusive education, according to a new recommendation.
A review of the Education for Persons with Special Educational Needs Act was announced in 2021 to ensure the legislation was up to date, fully operational, and “reflective of the lived experiences of students and families”.
A report on the review, which contained more than 28,000 survey responses, including 900 from children and young people, noted that while the 2004 Act “clearly” indicated the direction intended for special education into the future, it failed to explicitly define inclusion.
This lack of clarity has been a source of “much contention since 2004″, the report published on Wednesday reads.
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The review noted that the Act also places a limit on the right to inclusion where the child’s needs are such that an inclusive environment would be inconsistent with their best interests or the effective provision of education for other children.
It noted that a single underlying legislative basis would bring “the principle of inclusion to bear on the formation of new legislation”.
Such a move has the potential to reshape the sector, strengthen the right to inclusive education and improve access to supports.
It was one of 51 recommendations made in the report, which included a call for the development of a roadmap for an inclusive education system to provide “systemic coherence”.
It recommended a carefully managed transition to full inclusion, with adequate access to specialist placements based on children’s needs.
This would allow for flexible movement between settings, the review notes.
Minister for Education Helen McEntee described the review as a “significant step forward”.
“Education should be inclusive, equitable and responsive to the needs of all students. That is why we carried out this review – to ensure our laws remain effective and relevant,” she said.
Ms McEntee said the findings highlight the need to examine the full education system, “including how we legislate for student support and transitions between settings, to ensure it delivers for every child”.
Other recommendations include consideration being given to a review of the Disability Act 2005, particularly the assessments of need process to promote “timely high-quality assessments that trigger appropriate services.”
The review said the efficiency and timeliness of assessments of need should be improved to better serve students’ needs, adding that the process should be monitored and updated on a continual basis.
It also recommends giving student support plans a statutory basis to ensure consistency and accountability in meeting individual needs.
Ms McEntee said she is committed to achieving the recommendations and will publish an implementation plan before the end of this year.
