In the near twenty years since the enactment of the Education for Persons with Special Educational Needs (‘EPSEN’) Act 2004, which is intended to provide for the education of all students in an inclusive environment, significant parts of this legislation are not in force including
assessments of a student’s educational needs and the development of individual education plans detailing the educational supports required by a student.
In this period, there has been major legislative and policy developments in the area of disability and inclusive education, including Ireland’s ratification of the Convention on the Rights of Persons with Disabilities. The Department of Education’s review of the EPSEN Act offers an opportunity to ensure that the legislation and policies concerning the provision of an inclusive education to all students complies with national and international human rights and equality standards, including the Convention on the Rights of Persons with Disabilities and the Convention on the Rights of the Child.
In this submission, the Commission identifies that the current legislation, policies and practices concerning the education of students with educational needs do not align with the vision of an inclusive education system as set out in international standards. The Commission calls for a clear time bound implementation plan for any legislative and policy changes required to transition to an inclusive education environment.
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