Education for Persons with Special Educational Needs Act 2004
Functions of Council.
20.—(1) The Council shall have the following functions:
(a) to disseminate to schools, parents and such other persons as the Council considers appropriate information relating to best practice, nationally and internationally, concerning the education of children with special educational needs;
(b) in consultation with schools, F28[the Health Service Executive] and such other persons as the Council considers appropriate to plan and co-ordinate the provision of education and support services to children with special educational needs;
(c) in consultation with schools and with such persons as the Council considers appropriate to plan for the integration of education for students with special educational needs with education for students generally;
(d) to make available to the parents of children with special educational needs information in relation to their entitlements and the entitlements of their children;
(e) to ensure that the progress of students with special educational needs is monitored and that it is reviewed at regular intervals;
(f) to assess and review the resources required in relation to educational provision for children with special educational needs;
F27[(fa) to coordinate and manage, having regard, in particular, to section 37A of the Act of 1998, the admission of children to special classes (within the meaning of the Act of 1998) and to schools that provide an education exclusively for children with special educational needs;]
(g) to ensure that a continuum of special educational provision is available as required in relation to each type of disability;
(h) to review generally the provision made for adults with disabilities to avail of higher education and adult and continuing education, rehabilitation and training and to publish reports on the results of such reviews (which reviews may include recommendations as to the manner in which such provision could be improved);
(i) to advise all educational institutions concerning best practice in respect of the education of adults who have disabilities;
(j) to advise the Minister in relation to any matter relating to the education of children and others with disabilities;
(k) to consult with such voluntary bodies as the Council considers appropriate, (being bodies whose objects relate to the promotion of the interests of, or the provision of support services to, persons with disabilities) for the purposes of ensuring that their knowledge and expertise can inform the development of policy by the Council and the planning and provision of support services, and
(l) to conduct and commission research on matters relevant to the functions of the Council and, as it considers appropriate, to publish in such form and manner as the Council thinks fit the findings arising out of such research.
(2) The Council shall have the power to do all things necessary for or incidental to the performance of its functions.
(3) The Council, in the performance of its functions, shall—
(a) implement the policies relating to education generally and the education of children with special educational needs which are formulated, from time to time, by the Minister (including the policy referred to in section 13), and
(b) in giving advice to the Minister—
(i) provide an assessment of the implications of that advice for the resources, including financial resources, available to the State in respect of the provision of education, and
(ii) have regard to the practical implementation of that advice.
(4) The Minister may by order—
(a) confer on the Council such additional functions relating to the provision by the Council of support services to children with special educational needs as he or she considers appropriate,
(b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Council of functions under this subsection or the performance by the Council of functions so conferred.
Annotations
Amendments:
F27
Inserted (25.07.2022) by Education (Provision in Respect of Children with Special Educational Needs) Act 2022 (22/2022), s. 11(b), S.I. No. 382 of 2022.
F28
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 14 item 10, S.I. No. 887 of 2004.