IPPN

Published: 01 April 2004

This Bill is due to come before Dáil Éireann soon and will shortly afterwards be enacted in law. The implications of this legislation will have a profound impact on you as principal. Consequently, IPPN continues to make every effort to affect change to this Bill while it is still possible. Having lobbied public representatives extensively in early January, IPPN has been successful in bringing about three key amendments - see below. However, there are still several aspects of this Bill which are seriously flawed and unworkable from the principal's perspective.

Whilst fully conscious of your enormous workload, I ask you to consider the future implications of this legislation and suggest that you write to Minister Dempsey, in your capacity as a principal teacher, urging him to take heed of the considered opinions of those who manage special needs education on the 'front line'. Any law is only as good as the extent to which it can be successfully implemented. Unless the Special Education Needs Organiser's (SENO) role is appropriately defined, the additional workload and responsibility allocated to principals will lead to an unworkable situation with even greater frustration for parents and teachers.

I include below for your convenience a number of documents outlining the thrust of IPPN's proposed changes to the legislation.

I trust you appreciate the importance of this matter and thank you for your support.

Is Mise Le Meas,

Seán Cottrell
Director

Background and Rationale:

Following IPPN's oral and written submission to the Joint Oireachtas Committee for Education & Science, we have prepared a number of amendments to the Bill which we feel are necessary for the successful implementation of this important legislation.

In the attached document you will find the aforementioned amendments.

The rationale for these amendments is based on the following points:

• If the rights of children with disabilities are to be meaningfully addressed in this Bill, the role of the Special Education Needs Organiser (SENO) must be defined so as to carry primary responsibility for co-ordinating the various services, facilities and resources required. The SENO's role must be defined so as to give it sufficient clarity and authority to act on behalf of the best interest of any child with special education needs. The SENO must provide 'a one-stop-shop' service for parents and principals in relation to the educational needs of children with disability. Placing an impossible burden of responsibility on principals is to design a system which cannot and will not work.
• 75% of all Principals are full-time class teachers and consequently it is humanly impossible to carry out the responsibilities allocated to principals as currently defined in this Bill.
• There is universal agreement that the principal teacher's role is severely 'overloaded' and 'lacking the necessary supports and resources to effectively deliver existing functions', (see HayGroup Report, 2002 pages 35 - 37).

Important achievements from earlier lobbying by Principals:

1. Section 18 - The principal can delegate functions of 'the principal' to other teachers. This is a very significant change as the power of delegation was not in the original Bill.
2. The original Bill stated that a school, when transferring a pupil to another school, was responsible for ensuring that the new school had adequate resources and IEP for the pupil in question. This requirement has now been dropped.
3. The definition of Educational Disability has been altered to include the possible further designation of other disabilities such as ADHD, Dyslexia and Dispraxia.
4. Following a request by a principal, if the Special Education Council refuses to arrange an assessment or prepare an IEP, Section 3 (12) now includes a provision empowering the principal to appeal that decision to an independent Appeals Board.

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CONTACT DETAILS Minister Noel Dempsey, TD, Newtown , Trim, Co. Meath Telephone: 046 94 31146

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Education for Persons with Disability Bill 2003 IPPN's Proposed Amendments:

PARAGRAPH A of this document refers to IPPN's desire to be actively involved in the Special Education Consultative Forum. In our capacity as a professional association dedicated to primary school leadership, IPPN requests that we are represented on the appropriate committees, independent of / in addition to the relevant trade unions.

PARAGRAPH B refers to the specific amendments required to clarify the role of Special Education Needs Organiser which is not defined in Section 26. It is important to note that 75% of all primary school principals are full time class teachers. In expanding the role of the Special Education Needs Organiser the committee should review the adverts placed in the national media a numbers of weeks ago for those positions. A more clearly defined job specification should be incorporated in to Section 26 of the Act.A) IPPN SEEKS MEMBERSHIP OF THE CONSULTATIVE FORUM

SECTION 21 (3) (b) before appointing persons to be members of the consultative forum the council shall consult with - "recognised trade unions and staff associations representing teachers and principals of schools". B) EDUCATION FOR PERSONS WITH DISABILITY BILL 2003 SPECIFIC AMENDMENTS

SECTION 3 - PREPARATION OF EDUCATION PLANS BY SCHOOL (Including steps preliminary to such preparation)

Subsection (4) Delete reference to "the principal" and replace with "the Special Education Needs Organiser

Subsection (8) Delete reference to the principal and replace with Special Education Needs Organiser.

Subsection (9) Delete term principal and replace with Special Education Needs Organiser.

Subsection (10) Delete principal and insert Special Education Needs Organiser.

Subsection (12) Delete Principal and insert Special Education Needs Organiser.

SECTION 9 - CONTENT OF AN EDUCATION PLAN

Subsection (8) Delete "Principal of the first - mentioned school" and replace with Special Education Needs Organiser.

SECTION 11 - REVIEW OF THE EDUCATION PLAN

Subsection (1) Delete principal and replace with Special Education Needs Organiser.

Subsection (2) Delete principal and replace with Special Education Needs Organiser.

Subsection (4) Delete "Principal" and insert Special Education Needs Organiser.

Subsection (5) Delete "Principal" and insert Special Education Needs Organiser.

Subsection (6) Delete "Principal" and insert Special Education Needs Organiser.

Subsection (7) Delete "Principal" and insert Special Education Needs Organiser.

SECTION 26 - THE SPECIAL NEEDS ORGANISER

The SENO shall be the point of contact for parents/guardians of children with disabilities and special education needs.

The SENO shall liaise between the parents/guardians, the school, the Department of Education & Science and the Department of Health & Children, on behalf of the child.

The SENO shall in consultation with the parents/guardians and the principal teacher, make arrangements for the relevant educational, psychological or developmental assessments as required

The SENO shall facilitate and advise in the provision of appropriate Individual Education Plans (IEPs).

The SENO shall facilitate and advise on the appropriate reviewing of Individual Education Plans.

The SENO shall facilitate and coordinate any appeals arising from the needs of a child with a disability/special education needs.