Disabled children will be denied access to essential services if the Minister for Education changes the definition of disability in education legislation, disability groups have said.
Mr Dempsey said he intends to amend the 1998 Education Act to remove the current medical based definition of disability. The proposed new definition would allow Mr Dempsey and any future Minister for Education to decide whether certain conditions fall within the scope of the Act and entitle the sufferer to educational supports. It could also prevent children whose disabilities are not long term from accessing services, according to the disability groups.
These changes will limit the numbers of disabled children who are entitled to special education services, the groups have claimed, and will force parents to fight for their children to have access to education services.
"The Minister is attempting to cut down the constituency covered by the Act. By limiting the definition, he is limiting the number of people who can avail of the support. It's a ham fisted attempt to solve a resourcing problem by letting on there are less people who need the service," Mr John Dolan, chief executive of the Disability Federation of Ireland said.
The proposed definition states disability is "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 intellectual impairment (including an impairment of the capacity to learn that may be prescribed from time to time)".
The Minister for Education of the day will have discretion to prescribe which conditions fall under the Act.
"This definition reinforces the Minister's ability to decide what disabilities will be included, thus reinforcing the Minister's ability to say, 'I'm in charge' ", Mr Kieran Kennedy, chairman of the Irish Progressive Association for Autism said.
Health Boards can be reluctant to diagnose conditions, such as attention deficit hyperactivity disorder (ADHD), Mr Kennedy said, so children who obviously have a disability could be a number of years waiting for their condition to be named. "Without this diagnosis the ability of the child to get this service will be zip."
Disability groups are concerned that while the current Minister could prescribe certain conditions, a future Minister may remove them from the list.
The Department said the 1998 Education Act was being changed to "create consistency of legislation" with the Education for Persons with Disabilities Bill.
"It means that conditions that aren't already known about can be included at a later date," a Department spokeswoman said.
