Dáil Éireann Debate, Tuesday - 27 January 2026
544. Deputy Liam Quaide asked the Minister for Education and Youth the advice provided by the NCSE to teachers with respect to their participation in an assessment of need report; whether they can decline to provide assistance; and if she will make a statement on the matter. [6262/26]
Amharc ar fhreagraThe Assessment of Need (AON) is a statutory process under the Disability Act (2005). The HSE is responsible for leading the AON process. Within the Disability Act, the National Council for Special Education (NCSE) has a statutory obligation to nominate ‘a person with appropriate expertise’ to assist the Health Service Executive (HSE) in the AON process.
The AON process requires an Assessment Officer, working for the HSE, to determine the health and education needs of an AON applicant. If an Assessment Officer forms the opinion there may be a need for an education service to be provided, the NCSE has a statutory obligation to nominate a person with appropriate expertise to assist the HSE in the AON process.
The Department of Education and Youth is satisfied that teachers are suitably qualified to assist in the AON process due to their expertise and professional judgement, and this position has been upheld in recent High Court judgments, therefore are persons with ‘appropriate expertise’ to be nominated by the NCSE, as appropriate, to assist the HSE in the AON process.
One of the functions of a school, as detailed in the Education Act (1998), is to ensure that the education needs of all children/young people, including those with a disability or other special educational needs, are identified and provided for. Further, the EPSEN Act (2004) requires schools to cooperate with the NCSE in the performance by the Council of its functions. Therefore, the nominated person should complete the Report of Education Needs when requested by the NCSE to do so.
It is acknowledged that there may be legitimate reasons or circumstances where a nominated person may not be in a position to complete the form or may only be able to part-complete a Report of Education Needs. Examples of these circumstances are provided in Circular 0069-2025_Assessment_of_Need_ Appendix 1 for illustrative purposes.
The NCSE will continue to provide comprehensive guidance and support to schools to assist them in this process. Details of the guidance can be found on the NCSE website.
