IDENTIFICATION OF SPECIAL NEEDS

Assessment of Need
The Disability Act 2005 provides for a right to an independent assessment of need. A child who has a disability may be assessed under the Disability Act 2005 or under the Education for Persons with Special Educational Needs (EPSEN) Act 2004. If a special educational need is identified as a result of the assessment of a child under the Disability Act, that aspect of the assessment must be referred by the Assessment Officer to the National Council for Special Education (NCSE) or to the Principal of his or her school for the purposes of an assessment under the Education for Persons with Special Educational Needs Act, 2004. Health needs identified in an assessment under the EPSEN Act will be dealt with in a Service Statement under the Disability Act.

From June 2007, parents/guardians will be able to apply to the HSE for an independent and free assessment of need in respect of children with a disability under the age of five years. This assessment must start not later than three months after the initial application and the assessment report made available to parents/guardians when it is completed. There will be regular follow-up assessments as needs change.

The sections of the EPSEN Act that relate to the statutory assessment and education plan process for which the Act provides will be rolled out over the next three years. Under the Act, parents/guardians of a child with a disability can request an educational assessment from the NCSE, whether the child is in school or not. Following the assessment, an Education Plan will be prepared for the child that sets out the supports to be provided to help him/her get the most out of learning and school life. Where the assessment identifies health service needs, the HSE will be informed.

If parents/guardians are not satisfied with the assessment report or the education plan, they may appeal to the Special Education Appeals Board appointed by the Minister for Education and Science. (See the website of the National Disability Authority (NDA) at www.nda.ie for details)

Complaints regarding assessments and service statements prepared by the HSE may be made to the Complaints Officer in the HSE and, in the event of this not being satisfactory, to an independent Appeals Officer.

The NCSE has prepared national Guidelines on the Individual Education Plan Process for teachers, parents and schools. It is envisaged that these will have statutory effect once the relevant provisions of the EPSEN Act have been commenced. Please visit the website of the NCSE at www.ncse.ie for information on the Guidelines.

Section 15 of the EPSEN Act 2004 provides for planning for future educational needs. Under the Act, education plans are required to "have regard to the provision which will need to be made to assist the child to continue his or her education or training on becoming an adult." The wishes of the students and parents must be taken into account in this process and the school principal or the special educational needs organiser employed by the NCSE must take the necessary steps that are necessary to enable the child to progress to the level of education or training that is appropriate to his/her ability.

Children with serious visual or hearing impairment are generally referred to specialist visual impairment and audiology services and thereafter to the Visiting Teacher Service of the Department of Education and Science.

See www.citizensinformation.ie and www.education.ie for further information on the Visiting Teacher Service.

A database of children with specific physical, cognitive, sensory or emotional disabilities is maintained by the HSE. See www.hse.ie

Psychologists attached to the National Educational Psychological Service (NEPS) carry out psychological assessment of students with special needs as part of their duties. Some assessments in the primary and post-primary years are carried out in clinics managed by non-statutory voluntary organisations. These clinics are generally associated with or attached to centres or special schools for students with significant learning disabilities. Assessments are also conducted by psychologists directly employed by the HSE.

For further information on NEPS, please visit the website of the Department of Education and Science at www.education.ie and the website of the Citizens Information Board at www.citizensinformation.ie 

For information on non-statutory voluntary organisations, please visit the website of Inclusion Ireland at www.inclusionireland.ie 

See also section on Development of Integration/Inclusion