Education for Persons with Special Educational Needs Act 2004

Mode of assessment under section 3 or 4.

5

5.—(1) An assessment under section 4 shall be carried out with the assistance of persons possessing such expertise and qualifications as F7 [ the Health Service Executive ] or the Council considers appropriate; those persons may, in the discretion of F7 [ the Health Service Executive ] or the Council, include one or more of the following:

( a) a psychologist;

( b) a medical practitioner;

( c) the principal of the school which the child is attending or a teacher of that school nominated by the principal;

( d) an appropriately qualified social worker; and

( e) a therapist who is suitably qualified to provide support services in respect of the special educational needs of the child.

(2) F8 [ The Health Service Executive ], the Council or a principal, as appropriate, shall facilitate, in a manner that is consistent with the assessment being carried out effectively, the participation by the parents of the child concerned in the carrying out of an assessment under section 3 or 4.

(3) Before causing an assessment under section 4 (other than pursuant to a request under subsection (3) of that section) to be carried out, the F9 [ Health Service Executive ] or the Council shall give notice in writing to the parents of the child of the intention to do so and the reasons therefor and, subject to subsection (4), shall not cause the assessment to be carried out without the consent in writing of the parents.

(4) Where the parent of a child fails or refuses to give his or her consent, within such period as may be specified by the F9 [ Health Service Executive ] or the Council, to the carrying out of an assessment under section 4 to which subsection (3) applies, the F9 [ Health Service Executive ] or the Council, as the case may be, may apply to the Circuit Court for an order dispensing with the requirement under subsection (3) for the parent's consent and the Circuit Court may, on the hearing of the application, make such an order if it considers it in the best interests of the child to do so.

(5) An assessment under section 3 or 4 shall be carried out in a manner which conforms to such standards as may from time to time be determined, after consultation with the Minister, by a prescribed body, that is to say, a body standing prescribed by regulations made by the Minister for Health and Children for the purposes of its determining the standards that assessments under those sections must conform to.

(6) In carrying out an assessment under section 4 , the F9 [ Health Service Executive ] or the Council, as appropriate, shall have regard to any relevant assessment of the child concerned that is available to it at that time.

(7) A statement of the findings in relation to an assessment that has been carried out under section 4 and any relevant documents relating to that assessment shall be made available immediately to the parents of the child concerned after that statement has been prepared.

(8) F10 [ The Health Service Executive ] or the Council, as the case may be, shall make available all or part of that statement to such persons engaged in the education of the child as it considers appropriate, having regard to the need to ensure that such persons are informed of the child's educational needs; the parents of the child shall be informed by F10 [ the Health Service Executive ] or the Council of the fact of its having so made available all or part of that statement, and of the identity of the person or persons to whom it has been made available, as soon as may be after it has done so.

(9) An application under subsection (4) to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the child concerned resides.

Annotations:

Amendments:

F7

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 14, item 3(a), S.I. No. 887 of 2004.

F8

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 14, item 3(b), S.I. No. 887 of 2004.

F9

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 14, item 3(c), S.I. No. 887 of 2004.

F10

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 14, item 3(d), S.I. No. 887 of 2004.