Education for Persons with Special Educational Needs Act 2004

Content of education plan.

9

9.—(1) An education plan under section 3 or 8 shall be in such form as the Council may determine from time to time and specify in a notice published, in such manner as it thinks fit, for the purposes of this subsection.

(2) The matters to be specified in an education plan under section 3 or 8 shall include—

( a) the nature and degree of the child's abilities, skills and talents;

( b) the nature and degree of the child's special educational needs and how those needs affect his or her educational development;

( c) the present level of educational performance of the child;

( d) the special educational needs of the child;

( e) the special education and related support services to be provided to the child to enable the child to benefit from education and to participate in the life of the school;

( f) where appropriate, the special education and related services to be provided to the child to enable the child to effectively make the transition from pre-school education to primary school education;

( g) where appropriate, the special education and related support services to be provided to the child to enable the child to effectively make the transition from primary school education to post-primary school education, and

( h) the goals which the child is to achieve over a period not exceeding 12 months.

(3) The Council may prepare guidelines with respect to the matters to be provided in an education plan prepared under section 3 by reference to the category of special educational need (being a category of such need specified in the guidelines for the purpose) that is relevant to the child concerned and, in particular, by reference to that category, with respect to the matters specified in paragraph (e), (g) and (h) of subsection (2).

(4) The Council may amend guidelines for the time being in force under subsection (3).

(5) The Council, in preparing or amending guidelines under subsection (3) , shall do so in accordance with the policy for the time being of the Minister in relation to the education of children with special educational needs.

(6) The Council shall publish, in such manner as it thinks fit, guidelines prepared by it under subsection (3).

(7) The principal of the school concerned shall implement an education plan and, for the purpose of preparing and implementing that plan, that school shall be provided with the necessary moneys and support services in accordance with section 13 .

(8) Where the transfer from one school to another school of a child in respect of whom an education plan has been prepared is proposed, the principal of the first-mentioned school shall consult, before such transfer takes place, with the principal of the second-mentioned school for the purpose of—

( a) ensuring that the principal of the second-mentioned school is informed of the content of the education plan, and

( b) assisting the principal of the second-mentioned school in amending the plan, where such amendment is considered necessary by that principal having regard to the special educational needs of the child and the operation of that school (which amendment that principal is authorised by this subsection to make).

(9) Where it is proposed to amend a child's education plan pursuant to subsection (8)(b), the principal of the school to which the child is to be transferred shall inform the parents of the child of the proposed amendment and they may request that that principal consult with the relevant special educational needs organiser and that principal shall comply with that request.

(10) Where a special educational needs organiser is consulted pursuant to subsection (9), he or she may decide to reconvene the relevant team, or, as the organiser thinks fit, engage the assistance of one or more of the members of that team, or in the case of an education plan prepared under section 3 , convene a group of persons (in this Act also referred to as a “team”), for the purpose of reviewing the content and implementation of the plan and may, as a consequence of that review, amend the plan.