Epsen Act

The following is a summary of the provision for ‘education plans’ that is outlined in the Education for People with Special Educational Needs (EPSEN) Act 2004. This provides the statutory requirements for educational planning as they impact upon students, parents, schools, and the National Council for Special Education (the Council). However, with the legislation only recently enacted, much of the detail remains to be finalised (e.g. the format of written plans and reports) and this will be done over time as the Council assumes its powers and responsibilities. Therefore, what follows in this section merely establishes the new context for special education and individual planning; the planning process as it is currently established; and identifies the rights, roles and responsibilities of the various stakeholders in that process.

Education Plans

The EPSEN Act 2004 provides for the provision of education plans for students with special educational needs (SEN). Under the Act, children with SEN will be educated “in an inclusive environment with children who do not have SEN”, unless this should be inconsistent either with the best interest of the child, or with the effective provision for the other children.

Identification & Assessment

When a student is identified to a principal as not benefiting from the educational programme being provided in their school, the principal “shall take such measures as are practicable to meet the educational needs of the student concerned.” Having taken such measures, if the student continues not to benefit, because of their SEN, the principal will arrange for the student to be assessed. The principal must consult the parents prior to making this arrangement.
Assessment must commence not later than one month after the principal’s decision and be completed no later than three months after that decision. Where an assessment establishes that a student has SEN, the principal must, within one month, “cause a plan to be prepared for the appropriate education of the student” – called and ‘education plan’ (EP).

Parents, the Council or the relevant health board may refer a child for assessment. An assessment “shall include an evaluation and statement of the nature and extent of the child’s disability… and an evaluation and statement of the services which the child will need so as to be able to participate in and benefit from education and, generally, to develop his or her potential.” The assessment should be carried out with the assistance of people with appropriate expertise and qualifications (as deemed by the Council or health board). This may include a psychologist, medical practitioner, the principal or designated teacher, social worker, or a therapist suitably qualified to provide support services in relation to the child’s SEN. The participation of parents should be facilitated by, ‘as appropriate’, the health board, Council or principal. A statement of the findings of the assessment is to be made available immediately to the parents.