News
Departments
Services
Gaeilge

Search gov.ie

Press release

Ministers McEntee and Moynihan announce the publication of the Report on the Review of the Education for Persons with Special Educational Needs Act 2004

Minister for Education and Youth, Helen McEntee TD, and Minister of State with responsibility for Special Education and Inclusion, Michael Moynihan TD, have today (25 June) announced the publication of the Report on the Review of the Education for Persons with Special Educational Needs (EPSEN) Act 2004.

A review of the EPSEN Act 2004 was announced in December 2021. The review comprised of over 28,000 responses to online surveys, including 900 responses from children and young people to an innovative easy access survey, and participation in focus groups by 91 adults and 94 students and young people from mainstream, special and Irish medium schools, as well as adults who had left school.

The process of reviewing the EPSEN Act has brought to light a number of areas where the participants considered that changes or developments in existing legislation, policy or practice were required. Fifty-one recommendations are presented in the report.

Key recommendations of the Review include:

  • consideration to be given to include all school-age children under one Act to provide a legal rights-based inclusive education.
  • language use in the area of additional needs to be considered further
  • To ensure that the rights of the child, and their voice, in relation to their educational needs, are a central part of educational changes
  • to complete the work on the roadmap towards an inclusive education system
  • to legislate for Student Support plans
  • to work towards legislating for a legal right of access to pre-school
  • to build upon the steps being taken in relation to the Irish language in the context of children with additional needs, so that they can be supported through the medium of Irish
  • consideration to be given to a review of the Disability Act 2005, with particular focus of the Assessment of Needs process
  • more focus on transitions between educational settings.

Minister McEntee said:

“I am pleased to publish the Review of the Education for Persons with Special Educational Needs (EPSEN) Act 2004. This is a significant step forward in shaping education policy and law based on the lived experiences of children and young people with special educational needs, helping them achieve better educational outcomes.

“Education should be inclusive, equitable, and responsive to the needs of all students, That is why we carried out this review — to ensure our laws remain effective and relevant. The findings of this review highlight the need to examine the full education system, including how we legislate for student support and transitions between settings, to ensure it delivers for every child.

“In conducting this review, we have listened to students, parents, educators, advocacy groups, and experts in special education. Their input has been vital and I want to sincerely thank everyone who took part in this review and shared their own experience.

“The report identifies sixteen key themes where policy and legislative reform is required. Among them is a recommendation to consider bringing all school-age children under a single piece of legislation to ensure a legal, rights-based approach to inclusive education. Another key area is the completion of the roadmap towards an inclusive education system, one that is proactive, not reactive, and supports strong transitions from early years to post-primary and beyond.

“Other findings relate to Student Support Plans, which the review recommends be given a statutory basis to ensure consistency and accountability in meeting individual needs. The report also calls for a review of the language we use in the area of additional needs.

“Crucially, the review reaffirms the importance of the rights of the child, meaningful parental involvement, and closer engagement between government departments and agencies. It also points to the need for continued investment in professional learning for the education workforce.

“I am committed to achieving these recommendations. To do so, before the end of the year I will publish an implementation plan which will guide how we move forward, strengthening the legislative and policy foundations of inclusive education and ensuring proper implementation across government. The implementation of these recommendations will help to shape future decisions and positively impact the educational experiences of children with special educational needs. This will create a more inclusive and supportive education system for all.

“This reflects my department’s commitment to meaningful and lasting change across a wide range of areas, including curriculum development, support services, resource allocation, and the role of SNAs.”

Minister Moynihan TD said:

“The EPSEN Act 2004 has been in place for over 20 years, during which time significant policy developments have taken place in the field of special education. This review has been shaped by a commitment to open collaboration, with a steering group, working group, and advisory group overseeing the process. Consultation with a broad range of stakeholders has been central to this effort, ensuring diverse voices and perspectives are heard.

“The findings of this review have resulted in a set of recommendations that fall into two key areas: legislative-based recommendations and policy-based recommendations. Publishing this report is only one step, with the development of an implementation plan before the end of this year key to delivering on these recommendations. We need to ensure we strengthen the legal rights of the child within the education system in way that provides a more inclusive education, as well as ensuring consistency in how we support children with additional needs.

“There are a raft of areas this report identifies where work is required to improve special education provision, such as the rollout of in-school therapies, closer cooperation between mainstream schools and special schools, an updated Education Act to provide stronger legal rights in education for children with additional needs, or better supports for school leaders, teachers and SNAs.

"The Assessment of Need (AoN) process was an issue raised in numerous submissions, and it's clear stakeholders believe the efficiency and timelines of the AoN process need to be improved, which there is already engagement on across government, including between the Department of Education and Youth and the Department of Children, Disability and Equality.

“Implementation of these actions requires ongoing consultation and collaboration across government. This work will reshape the provision of special education in the years ahead, helping to improve the experience for children, families and the wider school communities. I look forward to engaging in this process over the coming period and delivering an even more inclusive education system.”

The purpose of the review of EPSEN is to provide assurance that there is an adequate legislative basis for educational provision, both current and planned, for children with special educational needs. This legislative basis is necessary to protect the interests of children and their families, and to make sure the State can properly plan for the provision of appropriate education for children with special educational needs.

The review process comprised a number of strands, including:

  • a comprehensive capturing of the views of all stakeholders through online surveys and focus groups
  • an academic review paper examining the EPSEN Act, relevant legal and educational developments, and current and evolving practice in special educational needs
  • a consultation and oversight structure – comprising an advisory, a steering, and a working group – to facilitate dialogue among stakeholder representatives, including advocacy groups, parent and student representative bodies, school management bodies, teacher representatives, academic experts, and relevant State agencies and government departments.

Notes to Editors

The full review is attached and can be found here.

The full review is available in English, Irish and an Easy Read version. The recommendations, which are contained within the main review, are also available in a separate Easy Read document.

Supporting reports, prepared during the course of the review, are also available at the above link. These include:

Survey analysis reports that informed the development of the report:

Report on the analysis of structured online survey questions

Report on the analysis of open online survey questions and unstructured submissions

Report on the analysis of the Easy Access Survey

Focus group analysis reports:

Report on the focus group research to assist in the review of the EPSEN Act 2004

Report of the findings of a consultation with young people as part of the review of the EPSEN Act 2004

Report of the Irish medium schools focus groups

The academic review report:

Academic Review Paper for the Purposes of The Education for Persons with Special Educational Needs Act (EPSEN) 2004 Review

A review of the EPSEN Act 2004 was initiated in December 2021 to modernise and reflect the experiences of students, staff, and families.

The review process included extensive stakeholder engagement, including parents, educators, advocacy groups, and experts in special education.

Online surveys concluded in March 2023. The qualitative analysis of open submissions was used as the basis for the second stage of consultation, the focus group stage.

A variety of focus group methods were employed, including mixed focus groups, mosaic-style engagement with children with special educational needs, and discussions with young adults who have experienced the special educational need model of education. Focus groups were held in a number of different settings including English and Irish-medium schools, Youthreach, adult services, and third level institutions.

An easy access survey was launched. This accessible online consultation platform was designed to accommodate individuals who may face challenges with traditional survey methods. This was the first time such a method was undertaken by the Department of Education and Youth.

The review involves an academic assessment and considers legal cases and international comparators.

An Open Policy Day was held on 3rd October 2024 to integrate feedback from surveys and focus groups, insights from the academic review, and inputs from the NCSE policy advice.