SPECIAL CHILDREN LAWS

Current Irish legal provisions regarding 'children in need of special care and protection' with respect to provision for external safeguards

Current Irish legal provisions regarding 'children in need of special care and protection' with respect to provision for external safeguards

Introduction

This paper highlights the legal actions and laws present in the Irish environment for the legal perspective of the children with problems regaurding special care. Special shildren in Ireland has been the subject of intense scrutiny in the past decade. This scrutiny has been sparked by a number of interrelated developments including a system-wide educational review, a series of ground-breaking government reports, influential court cases challenging inadequate provision for children with special needs, and a burgeoning interest in equality issues. As a result of these developments Irish special children policy, practice and provision have undergone a radical transformation. Enabling legislation has been enacted; government has articulated a policy promoting inclusive learning environments and substantial resources have been allocated to support children with special problems and need for the special care that they deserve (Jaird, 2009).

The development of policy and provision for children with SEN in Ireland

At primary and second level, children with disabilities and/or SEN are predominantly enrolled in mainstream and supported as required by resource teaching, special needs assistance and learning support. A minority whose needs are deemed to require it are in full-time special classes in mainstream schools, or in special schools for children with designated disabilities. Special schools (all under the Primary Branch of the Department of Education and Science, DES) cater for children up to the age of 18 years (Jaird, 2009).

Prior to the work of the Special Education Review Committee (SERC) special education in Ireland was provided in special schools and, since the 1970s, in separate special classes in mainstream primary schools. This report marked a watershed in special education provision. The Report found that ordinary and special education operated in virtual mutual isolation. As a result, the Committee observed that this system made it extremely difficult for students with SEN to realise one of the main goals of education; namely, that they will be capable of full participation in their local communities. Since the publication of the SERC Report the DES policy has increasingly promoted mainstream provision for children with disabilities and/or SEN. Litigation has also powerfully influenced policy development, in particular, two high profile court cases brought by parents attempting to secure primary education for children with severe/profound learning disability and children with autism (McPartland, 2010).

The Education for Persons with Special Educational Needs Act (EPSEN) 2004 is a milestone in education legislation provision for students with SEN. The central purpose of the Act is to ensure inclusive education unless there are specific reasons why a specialised placement is required for the child. School provision is to be inclusive and informed by rights' and equality principles: 'to provide that the education ... shall, wherever possible, take place in an inclusive environment with those who do not have such needs, to provide that people with ...