Dáil Éireann Debate, Thursday - 18 December 2025
19. Deputy Shónagh Ní Raghallaigh asked the Minister for Children, Disability and Equality if she will clarify what will be entailed in the education-specific reforms to the assessment of need process; and if she will make a statement on the matter. [72584/25]
Amharc ar fhreagraUnder the Disability Act, an Assessment of Need is an assessment process carried out by the HSE where a person is of the opinion that he/she may have a disability, for anyone born after 1st June 2002.
It first establishes whether the person has a disability (as defined within the Act). It then identifies the health and education needs of the person with a disability and the services required to meet those needs.
On December 9th, Government announced a series of reforms to the Assessment of Need process which will make the process more effective and efficient for children and families. These reforms include changes to Part 2 of the Disability Act, 2005, which provides for Assessments of Need.
The General Scheme of the Disability (Amendment) Bill 2025 was approved by Government on 9 December and will be published on the Department’s website shortly.
It is important to emphasise that these changes will not remove any rights for parents to apply for an Assessment of Need for their child, nor will they alter the statutory six-month timeline set out in the Disability Act.
As part of the AON process, an education needs assessment can be requested for a person who has a disability. Section 8(3) of the Disability Act sets out that the National Council for Special Education must, at the request of the HSE, in writing nominate a person with appropriate expertise to assist in the carrying out of the assessment under this section.
This process will remain unchanged under the proposed reforms to the AON system.
It is important to note that the provision of an education needs assessment as part of the Assessment of Need process is entirely separate from the processes in place within the education system for the provision of specialist supports to children with special education needs.
While a diagnosis is currently required to access a special class or a special school, this does not have to be in the form of an Assessment of Need report. The Department of Education and Youth is developing a process intended to remove the need for a diagnosis to access specialist supports in the school system.
The Department of Education and Youth will bring forward a proposal early in 2026 to agree a process which is intended to result in the removal of the requirement for professional reports, such as Assessment of Need reports, from entry requirements for special schools and special classes and the adoption of a needs-based approach, subject to the availability of necessary resources.
There will be a comprehensive consultation process with the full range of education stakeholders and advocacy groups in respect of this proposed measure.
