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Education for Persons with Special Educational Needs Act 2004
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Number 30 of 2004

EDUCATION FOR PERSONS WITH SPECIAL EDUCATIONAL NEEDS ACT 2004

ARRANGEMENT OF SECTIONS

Section

 

1.

Interpretation.

2.

Inclusive education.

3.

Preparation of education plan by school (including steps preliminary to such preparation).

4.

Assessment of child by or on behalf of health board or Council.

5.

Mode of assessment under section 3 or 4.

6.

Appeals in relation to assessments.

7.

Provision of services.

8.

Preparation of education plan at direction of Council.

9.

Content of education plan.

10.

Designation of school.

11.

Review of education plan.

12.

Appeals in relation to education plans.

13.

Duty of Minister and Minister for Health and Children to make resources available.

14.

Duty of schools.

15.

Planning for future education needs.

16.

Implementation of relevant education policy by health boards.

17.

Liaison officers.

18.

Delegation of functions of principals, etc.

19.

National Council for Special Education.

20.

Functions of Council.

21.

Membership of Council.

22.

Consultative forum.

23.

Implementation report.

24.

Chief Executive Officer.

25.

Employees.

26.

Special educational needs organisers.

27.

Curriculum.

28.

Removal of Council from office.

29.

Accounts and audits.

30.

Accountability of Chief Executive Officer to Committee of Public Accounts.

31.

Accountability of Chief Executive Officer to other Oireachtas Committees.

32.

Gifts.

33.

Committees.

34.

Annual report and information.

35.

Establishment day.

36.

Special Education Appeals Board.

37.

Report of Appeals Board.

38.

Provision for mediation in certain cases.

39.

Duty of health boards.

40.

Amendment of section 7 of Act of 1998.

41.

Maintenance of records.

42.

Regulations.

43.

Grants to Council and Appeals Board.

44.

Service of notices.

45.

Dissolution of body established under section 54 of Act of 1998.

46.

Legal proceedings pending against former Council.

47.

Transfer of property rights and liabilities of former Council.

48.

Bonds, guarantees, contracts, etc., of former Council.

49.

Transfer of staff of former Council.

50.

Plans, reports, etc., under Act privileged.

51.

Expenses.

52.

Amendment of Act of 1998.

53.

Short title and commencement.

SCHEDULE 1

Membership and Meetings of Council

SCHEDULE 2

The Chief Executive Officer

Acts referred to

Civil Service Commissioners Act 1956

1956, No. 45

Civil Service Regulation Acts 1956 to 1996

Comhairle Act 2000

2000, No. 1

Companies Acts 1963 to 2001

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8>

Education Act 1998

1998, No. 51

Health Act 1970

1970, No. 7

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Number 30 of 2004

EDUCATION FOR PERSONS WITH SPECIAL EDUCATIONAL NEEDS ACT 2004

AN ACT TO MAKE FURTHER PROVISION, HAVING REGARD TO THE COMMON GOOD AND IN A MANNER THAT IS INFORMED BY BEST INTERNATIONAL PRACTICE, FOR THE EDUCATION OF PEOPLE WITH SPECIAL EDUCATIONAL NEEDS, TO PROVIDE THAT THE EDUCATION OF PEOPLE WITH SUCH NEEDS SHALL, WHEREVER POSSIBLE, TAKE PLACE IN AN INCLUSIVE ENVIRONMENT WITH THOSE WHO DO NOT HAVE SUCH NEEDS, TO PROVIDE THAT PEOPLE WITH SPECIAL EDUCATIONAL NEEDS SHALL HAVE THE SAME RIGHT TO AVAIL OF, AND BENEFIT FROM, APPROPRIATE EDUCATION AS DO THEIR PEERS WHO DO NOT HAVE SUCH NEEDS, TO ASSIST CHILDREN WITH SPECIAL EDUCATIONAL NEEDS TO LEAVE SCHOOL WITH THE SKILLS NECESSARY TO PARTICIPATE, TO THE LEVEL OF THEIR CAPACITY, IN AN INCLUSIVE WAY IN THE SOCIAL AND ECONOMIC ACTIVITIES OF SOCIETY AND TO LIVE INDEPENDENT AND FULFILLED LIVES, TO PROVIDE FOR THE GREATER INVOLVEMENT OF PARENTS OF CHILDREN WITH SPECIAL EDUCATIONAL NEEDS IN THE EDUCATION OF THEIR CHILDREN, FOR THOSE PURPOSES TO ESTABLISH A BODY TO BE KNOWN AS THE NATIONAL COUNCIL FOR SPECIAL EDUCATION AND TO DEFINE ITS FUNCTIONS, TO CONFER CERTAIN FUNCTIONS ON HEALTH BOARDS IN RELATION TO THE EDUCATION OF PEOPLE WITH SPECIAL EDUCATIONAL NEEDS, TO ENABLE CERTAIN DECISIONS MADE IN RELATION TO THE EDUCATION OF PEOPLE WITH SUCH NEEDS TO BE THE SUBJECT OF AN APPEAL TO AN APPEALS BOARD AND TO PROVIDE FOR RELATED MATTERS. [19th July 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: