New disability Bill for special needs children

Long-awaited legislation to copper-fasten the educational rights of children with disabilities has been introduced in the Dáil…

Long-awaited legislation to copper-fasten the educational rights of children with disabilities has been introduced in the Dáil by the Minister for Education, Mr Dempsey.

The Opposition said, however, that while it had the potential to change society it was still "seriously flawed" and would remain a "wish list" and not worth the paper it was written on without proper funding.

In an impassioned speech, Mr Dempsey said it was an issue of fundamental importance to Irish society. "It is essential that we offer equal educational opportunities to all. We must ensure that all children are given the opportunity to give expression to their private hopes and dreams." The Education for Persons with Disabilities Bill is an overhaul of one of two previous Bills, which the last Government was forced to withdraw because of the level of opposition from disability rights campaigners.

The new Bill provides for the education of children with special needs in mainstream schools, and the Minister said schools had to inculcate an awareness in teachers and students of special needs.

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The Bill also "sets out a range of services which must be provided, including assessments, individual education plans and support services and it provides for a process of mediation and appeals where needs are not met. The Bill establishes the National Council for Special Education through which the Bill as enacted will be given effect," the Minister said.

It "provides for a structure which will guarantee the rights of children to the greatest possible extent and which will ensure that parents are central to their child's development at every step of the process".

However, the "critical point", according to Fine Gael's education spokeswoman, Ms Olwyn Enright, was that "unless the resources are put in place, the best legislation in the world will still not ensure that those with disabilities can participate fully in our education system".

Labour's spokeswoman, Ms Jan O'Sullivan, pointed out that the Bill will "not be worth the paper it is written on if resources are not committed to implement the measures. A child may have an assessment but that will not make any positive difference if the supports necessary are not available."

She added that students with disabilities "must not become pawns in the struggle for resources".

Mr Finian McGrath (Ind, Dublin North-Central) said that "for too long, children and adults with learning disabilities have suffered from an educational system that has deliberately marginalised and discriminated against them and failed to address their needs. That is the bottom line. The only true protections that can be afforded them is through legally enforceable rights which are not so qualified or subject conditionally as to be meaningless." Mr Sean Crowe (SF, Dublin South-West) said the Bill took no account of lifelong learning and adult education. The legislation should perhaps be called the Education for Children with Disability Bill, he said, as "adult and third-level education come under the remit of the minister and yet have been excluded from the legislation.

"What about the problems facing persons with disabilities in attending university or in accessing adult literacy programmes?"

Marie O'Halloran

Marie O'Halloran

Marie O'Halloran is Parliamentary Correspondent of The Irish Times