March 24 2010

Parliamentary Questions

• New Guidelines for Accessible Maritime Passenger Transport
• Extra pre-school year for children with a disability
• Special Education Appeals Board
• Appeals made to NCSE since process started in February 2010
• Psychological Assessments for children of school-going age

PARLIAMENTARY QUESTIONS

• New Guidelines for Accessible Maritime Passenger Transport

Deputy Kathleen Lynch (L): asked the Minister for Transport if he will report on the new guidelines for accessible maritime passenger transport that he published in conjunction with the National Disability Authority; if he will be bringing forward legislation to accompany these new guidelines;

Minister for Transport (Deputy Noel Dempsey): The “Guidelines for Accessible Maritime Passenger Transport” were drawn up by my Department in conjunction with the National Disability Authority (NDA), on foot of a recommendation in the Report of the Maritime Passenger Transport Forum, published in November 2008. The Forum was established to oversee implementation of the maritime section of the Department’s Sectoral Plan under the Disability Act 2005, and is made up of representatives from organisations representing people with disabilities, passenger ship and port services providers, relevant Departments and the NDA. The Guidelines contain a range of practical advice and information and are designed as a key support to those involved in providing maritime passenger transport services. They cover all aspects of a journey, including advice on providing accessible information for planning the journey, improving access on board vessels, making shore side facilities accessible, disability awareness training for staff and improving communications with passengers. This is the first time that such guidelines for the maritime sector have been produced in Ireland. Copies are being sent to maritime passenger transport service providers who are being asked to use them to review their services with a view to improving access to their customers. As the Guidelines have only just been published, it is not my intention at this stage to introduce legislation to accompany them. However, how they are being used by vessel operators will be reviewed in due course and if found necessary consideration will be given to introducing statutory requirements. In this regard, I have taken the opportunity in the Merchant Shipping Bill 2009, to strengthen my powers to introduce measures to facilitate access to passenger vessels to persons with reduced mobility. The Bill recently passed Committee Stage in the Dáil.  

• Extra pre-school year for children with a disability

Deputy Mary Upton (L): asked the Minister for Health and Children if she will consider the provision of an extra preschool year for a child (details supplied) in Dublin 12. Minister of State at the Department of Health and Children (Deputy Barry Andrews): I have responsibility for implementation of the free Pre-School Year in Early Childhood Care and Education (ECCE) scheme which was introduced in January of this year. The ECCE makes a number of provisions to facilitate children with disabilities and special needs. The upper age limit is waived where children have been assessed as being developmentally delayed or where they have a physical, sensory or mental condition which will result in them starting school at a later than normal age. Provision is also made to enable children who have been assessed as having a disability, and who would benefit from attending pre-school for 2/3 days rather than 5 days each week, to be eligible over 2 years, for example 2 days in year 1 and 3 days in year 2. To avoid delays for parents, in addition to assessments by the Health Service Executive (HSE) for children with special needs and/or disabilities, at this point assessments provided by the treating consultant will be accepted as evidence of developmental delay and/or disability. In addition, where children have been assessed as having a disability which will result in them starting school at a later than normal age, the provision of a second free pre-school year, on a non pro-rata basis, will be considered where this will be of particular benefit to them. Parents of children who have availed of the pre-school year in January 2010 and have an assessed disability which will result in them starting school at a later than normal age, should apply to the Childcare Directorate of my Office where they wish their child to be considered for a 2nd pre-school year in September 2010. Applications will be considered on a case by case basis.  

• Special Education Appeals Board

Deputy David Stanton (FG): asked the Tánaiste and Minister for Education and Science the sections and subsections of the Education for Persons with Special Educational Needs Act 2004 which would need to be implemented to allow the Special Education Appeals Board to begin hearing appeals; the estimated cost of implementing same in one full year; the nature of appeals which SEAB will be charged with hearing;

Tánaiste and Minister for Education and Science (Deputy Mary Coughlan): The Education for Persons with Special Educational Needs (EPSEN) Act, 2004 provides for the establishment of the Special Education Appeals Board to hear and determine appeals under the act. The appellant sections of the Act which have not yet been commenced are: Sections 3 (13), 4(7), 6 (1), 7(5), 10(3) (6), 11(6), 12(1a), 12(1b) and 39(5). These sections if commenced would provide for appeals to be taken by parents, principals or boards of managements of schools on a range of issues as stated in the relevant sections. As the Deputy is aware, the commitment in the renewed Programme for Government is to develop, in consultation with stakeholders, a costed multi-annual plan to implement some priority aspects of the EPSEN Act, focussing on measurable, practical progress in education and health services for children with special needs. All parts of the EPSEN legislation, which have not been commenced to date, will be considered during this process. Since its establishment, the Board has developed draft procedures which could be used to consider appeals once the relevant sections of the EPSEN Act are commenced. In considering the requirements of the appeals process which would be required under EPSEN, the Board members have examined the range of legal issues associated with such a process. In this context they have also reviewed the outcome of judicial reviews of education decisions and looked at the structures and procedures in other tribunal fora. Costs associated with approved appeals procedures will also be included in implementation estimates. 

• Appeals made to NCSE since process started in February 2010

Deputy David Stanton (FG): asked the Tánaiste and Minister for Education and Science the number of appeals from parents and schools regarding special education needs organizer decisions and special needs assistants allocations which have been received by the National Council for Special Education since its internal appeals process began on 22 February 2010; if parents and schools who are unhappy with SENO decisions made prior to 22 February 2010 will have the opportunity to appeal these decisions using the same appeals process;

Tánaiste and Minister for Education and Science (Deputy Mary Coughlan): I wish to advise the Deputy that the issues he has raised are an operational matter for the National Council for Special Education (NCSE). My Department does not keep a record of such activity. The Deputy may wish to raise these issues directly with the NCSE. 

• Psychological Assessments for children of school-going age

Deputy Pat Breen (FG): asked the Tánaiste and Minister for Education and Science if she will report on whether the moratorium on recruitment in the public service will be lifted to fill a position (details supplied);

Tánaiste and Minister for Education and Science (Deputy Mary Coughlan): I can inform the Deputy that all primary and post primary schools have access to psychological assessments either directly through the National Educational Psychological Service (NEPS), or through the Scheme for Commissioning Psychological Assessments (SCPA), where schools can have an assessment carried out by a member of the panel of private psychologists approved by NEPS, and NEPS will pay the psychologist the fees for this assessment directly. NEPS in common with other psychological services encourages a staged assessment process whereby each school takes responsibility for initial assessment, educational planning and remedial intervention, in consultation with their assigned NEPS psychologist. Only if there is a failure to make reasonable progress in spite of the school’s best efforts, will a student be referred for individual psychological assessment. This system allows the psychologists to give early attention to urgent cases and also to help many more students indirectly than could be seen individually. The introduction of the General Allocation model for primary schools in 2005/06 means that children with high incidence special needs can get access to extra support without having to undergo an individual assessment. Children who manifest very special or urgent needs in school and who have not been previously assessed by a psychologist and are brought to the attention of a NEPS psychologist by the Principal teacher will usually be assessed by the psychologist within that school term. Normally, principals of schools prioritise those children in need of psychological assessment in consultation with the assigned psychologist. In the case of schools that do not currently have dedicated NEPS psychologists assigned to them, as I already mentioned, such schools have access to psychological assessments through the SCPA. Under this Scheme, schools can commission assessments from a member of the panel of private practitioners approved by NEPS, and NEPS will pay the fees directly to the psychologist concerned. I have made enquiries with my Department’s local NEPS service in Ennis, Co Clare and am informed that they have not been made aware of a backlog of cases awaiting assessment in the school mentioned in the Deputy’s query. Furthermore I can confirm to the Deputy that the expansion of the NEPS service has been excepted from the stricture of the moratorium on recruitment in the public service and my government has made specific commitment within the Renewed Programme for Government to an overall expansion of NEPS psychologist numbers to 210 — current NEPS staffing numbers stand at 156. In this regard a national recruitment competition has been recently launched by the Public Appointments Service on behalf of my Department with a view to the creation of a panel of suitably qualified psychologists to enable the employment of these additional staff as quickly as possible. The NEPS Mid-West Region will be a target for this recruitment drive. In the interim should authorities, in the school referred to by the Deputy, have specific difficulties with regard any of the foregoing I would suggest that they should contact the relevant local NEPS Regional Director, for whom contact details are available on my Department’s website.

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