Dáil Éireann Debate, Tuesday - 28 April 2026
561. Deputy James Geoghegan asked the Minister for Education and Youth whether the feasibility of commencing the remaining sections of the Education for Persons with Special Education Needs Act 2004 has been assessed by her Department; the resource and organisational implications of such a move; and if she will make a statement on the matter. [30100/26]
View answerThe Review of the Education for Persons with Special Educational Needs (EPSEN) Act 2004 was published in June 2025 following an extensive consultation, with over 28,000 responses to surveys, along with focus groups, including contributions from children and young people. On 1 July 2025, Minister McEntee and I addressed the Dáil on the findings. The Review contains 51 recommendations across 16 themes, addressing both policy and legislative change.
As part of the review, both commenced and uncommenced sections were thoroughly considered to ensure a robust legislative foundation. Many factors contributed to the non-commencement of these sections, but in essence what they would require from schools and teachers, from the NCSE and the Health Boards/HSE, and more broadly from the State was perceived to be unrealisable. The sections when drafted were overly bureaucratic and the issue of funding was also an issue to ensure these particular sections were commenced, at the time. The sections were delivered via policy through the Department and in many cases exceeded the original terms of the drafted legislation. The report on the Review of The Education for Persons with Special Educational Needs (EPSEN) Act 2004 can be found at: www.gov.ie/en/department-of-education/consultations/epsen-review-consultation/.
The Implementation Plan will be published in Q2 2026, which will guide how we move forward, strengthening the legislative and policy foundations of inclusive education and ensuring proper implementation across Government. This plan, which is currently being finalised, will set out concrete actions, timelines, and oversight arrangements to ensure delivery. Substantial work has been undertaken by the Department in developing the plan. This has involved detailed internal co-ordination across policy areas, along with extensive engagement with relevant stakeholders across the education sector, government departments and agencies. Several recommendations are already being progressed, including work on inclusive education pathways, and workforce professional learning. This plan will build on existing structures, including strengthening Student Support Plans, promoting more effective transitions between educational settings, and advancing the rights of the child.
Preparation for legislative amendments will begin in parallel, recognising that legislative change will be required to give effect to a number of the recommendations. The timing of draft Heads of a Bill will depend on the sequencing of policy development and consultation.
The Review and Implementation Plan together represent a significant step forward in strengthening inclusive education and ensuring that every child is supported to reach their potential.
