(LRC Revised)

Number 30 of 2004

EDUCATION FOR PERSONS WITH SPECIAL EDUCATIONAL NEEDS ACT 2004

REVISED

Updated to 1 March 2023

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Education for Persons with Special Educational Needs Act 2004

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including

Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

(3/2023), enacted 1 March 2023 and all statutory instruments up to and including

Official Languages (Amendment) Act 2021 (Commencement) Order 2023

(S.I. No. 90 of 2023), made 2 March 2023 were

considered in the preparation of this Revised Act.

Disclaimer: While every care has

been taken in the preparation of this Revised Act, the Law Reform Commission can assume

no responsibility for and give no guarantees, undertakings or warranties concerning

the

accuracy, completeness or up to date nature of the information provided and does not

accept any liability whatsoever arising from any errors or omissions. Please notify

any

errors, omissions and comments by email to revisedacts@lawreform.ie.

Number

30

of

2004

EDUCATION FOR PERSONS WITH SPECIAL EDUCATIONAL NEEDS ACT 2004

REVISED

Updated to 1 March 2023

ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Inclusive education.

3.

Preparation of education plan by school (including steps preliminary to such preparation).

4.

Assessment of child by or on behalf of health board or Council.

5.

Mode of assessment under

section 3

or

4

.

6.

Appeals in relation to assessments.

7.

Provision of services.

8.

Preparation of education plan at direction of Council.

9.

Content of education plan.

10.

Designation of school.

11.

Review of education plan.

12.

Appeals in relation to education plans.

13.

Duty of Minister and Minister for Health and Children to make resources available.

14.

Duty of schools.

15.

Planning for future education needs.

16.

Implementation of relevant education policy by health boards.

17.

Liaison officers.

18.

Delegation of functions of principals, etc.

19.

National Council for Special Education.

20.

Functions of Council.

21.

Membership of Council.

22.

Consultative forum.

23.

Implementation report.

24.

Chief Executive Officer.

25.

Employees.

26.

Special educational needs organisers.

27.

Curriculum.

28.

Removal of Council from office.

29.

Accounts and audits.

30.

Accountability of Chief Executive Officer to Committee of Public Accounts.

31.

Accountability of Chief Executive Officer to other Oireachtas Committees.

32.

Gifts.

33.

Committees.

34.

Annual report and information.

35.

Establishment day.

36.

Special Education Appeals Board.

37.

Report of Appeals Board.

38.

Provision for mediation in certain cases.

39.

Duty of health boards.

40.

Amendment of section 7 of Act of 1998.

41.

Maintenance of records.

42.

Regulations.

43.

Grants to Council and Appeals Board.

44.

Service of notices.

45.

Dissolution of body established under section 54 of Act of 1998.

46.

Legal proceedings pending against former Council.

47.

Transfer of property rights and liabilities of former Council.

48.

Bonds, guarantees, contracts, etc., of former Council.

49.

Transfer of staff of former Council.

50.

Plans, reports, etc., under Act privileged.

51.

Expenses.

52.

Amendment of Act of 1998.

53.

Short title and commencement.

SCHEDULE 1

Membership and Meetings of Council

SCHEDULE 2

The Chief Executive Officer

Acts referred to

Civil Service Commissioners Act 1956

1956, No. 45

Civil Service Regulation Acts 1956 to 1996

Comhairle Act 2000

2000, No. 1

Companies Acts 1963 to 2001

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Education Act 1998

1998, No. 5

1

Health Act 1970

1970, No. 7

Number

30

of

2004

EDUCATION FOR PERSONS WITH SPECIAL EDUCATIONAL NEEDS ACT 2004

REVISED

Updated to 1 March 2023

AN ACT TO MAKE FURTHER PROVISION, HAVING REGARD TO THE COMMON GOOD AND IN A MANNER

THAT IS INFORMED BY BEST INTERNATIONAL PRACTICE, FOR THE EDUCATION OF PEOPLE WITH

SPECIAL EDUCATIONAL NEEDS, TO PROVIDE THAT THE EDUCATION OF PEOPLE WITH SUCH NEEDS

SHALL, WHEREVER POSSIBLE, TAKE PLACE IN AN INCLUSIVE ENVIRONMENT WITH THOSE WHO DO

NOT HAVE SUCH NEEDS, TO PROVIDE THAT PEOPLE WITH SPECIAL EDUCATIONAL NEEDS SHALL HAVE

THE SAME RIGHT TO AVAIL OF, AND BENEFIT FROM, APPROPRIATE EDUCATION AS DO THEIR PEERS

WHO DO NOT HAVE SUCH NEEDS, TO ASSIST CHILDREN WITH SPECIAL EDUCATIONAL NEEDS TO LEAVE

SCHOOL WITH THE SKILLS NECESSARY TO PARTICIPATE, TO THE LEVEL OF THEIR CAPACITY, IN

AN INCLUSIVE WAY IN THE SOCIAL AND ECONOMIC ACTIVITIES OF SOCIETY AND TO LIVE INDEPENDENT

AND FULFILLED LIVES, TO PROVIDE FOR THE GREATER INVOLVEMENT OF PARENTS OF CHILDREN

WITH SPECIAL EDUCATIONAL NEEDS IN THE EDUCATION OF THEIR CHILDREN, FOR THOSE PURPOSES

TO ESTABLISH A BODY TO BE KNOWN AS THE NATIONAL COUNCIL FOR SPECIAL EDUCATION AND

TO DEFINE ITS FUNCTIONS, TO CONFER CERTAIN FUNCTIONS ON HEALTH BOARDS IN RELATION

TO THE EDUCATION OF PEOPLE WITH SPECIAL EDUCATIONAL NEEDS, TO ENABLE CERTAIN DECISIONS

MADE IN RELATION TO THE EDUCATION OF PEOPLE WITH SUCH NEEDS TO BE THE SUBJECT OF AN

APPEAL TO AN APPEALS BOARD AND TO PROVIDE FOR RELATED MATTERS. [19

th July

2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Functions transferred and

references to Minister for Health construed as Children, Equality, Disability,

Integration and Youth (1.03.2023) by

Specialist Community-Based Disability

Services (Transfer of Departmental Administration and Ministerial Functions)

Order 2022

(S.I. No. 688 of 2022), art. 4(1)(a) and sch. part 1, in

operation as per art. 1(2), subject to transitional provisions in arts. 5-9.

4. (1) The functions vested in the

Minister for Health -

(

a

) by or under the

enactment specified in Part 1 of the Schedule,

...

are transferred to the Minister

for Children, Equality, Disability, Integration and Youth.

(2) References to the Minister for

Health contained in any Act or instrument made under such Act, and relating to any

relevant function shall, on and after the commencement of this Order, be construed

as references to the Minister for Children, Equality, Disability, Integration and

Youth.

...

SCHEDULE

Article 4

Part 1

Education for Persons with Special

Educational Needs Act 2004 (No. 30 of 2004)

...

C2

Functions transferred and references Minister for Finance construed as

Public Expenditure and Reform (29.07.2011) by

Finance (Transfer of Departmental

Administration and Ministerial Functions) Order 2011

(S.I. No. 418 of

2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to

transitional provisions in arts. 6-9.

2. (1) The administration and

business in connection with the performance of any functions transferred by this

Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department

of Finance contained in any Act or instrument made thereunder and relating to the

administration and business transferred by paragraph (1) shall, on and after the

commencement of this Order, be construed as references to the Department of Public

Expenditure and Reform.

3. The functions conferred on the

Minister for Finance by or under the provisions of —

(

a

) the enactments

specified in Schedule 1, and

(

b

) the statutory

instruments specified in Schedule 2,

are transferred to the Minister

for Public Expenditure and Reform.

...

5. References to the Minister for

Finance contained in any Act or instrument under an Act and relating to any

functions transferred by this Order shall, from the commencement of this Order, be

construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 30 of 2004

Education for Persons with Special Educational Needs Act 2004

Sections 13, 19(2), 22(8), 28(9), 36(10) and (11) and 43

...

...

...

The history of the Ministers

concerned with Finance aspects of Act can be traced as follows

• Functions

transferred and title of Minister for

Finance

changed to

Public

Expenditure and Reform

(29.07.2011) by

Finance (Transfer of

Departmental Administration and Ministerial Functions) Order 2011

(S.I. No. 418 of 2025);

• Title of Minister

for

Public Expenditure and Reform

changed to

Public Expenditure,

National Development Plan Delivery and Reform

(1.02.2023) by

Public Expenditure and Reform (Alteration of Name of Department and

Title of Minister) Order 2023

(S.I. No. 19 of 2023), in operation as

per art. 1(2);

• Title of Minister

for

Public Expenditure, National Development Plan Delivery and Reform

changed to

Public Expenditure, Infrastructure, Public Service Reform and

Digitalisation

(5.06.2025) by

Public Expenditure, National

Development Plan Delivery and Reform (Alteration of Name of Department

and Title of Minister) Order 2025

(S.I. No. 243 of 2025).

C3

Functions transferred and functional areas dissolved (1.01.2005) by

Health Act 2004

(42/2004), ss. 59, 67, and sch. 3 item 31, S.I. No. 887 of 2004.

Transfer of functions of specified bodies to Executive.

59.—

(1) The functions that, immediately before the establishment day, were the functions

of a specified body under or in connection with the enactments referred to in

Schedule 3

are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in

Schedule 3

, or a provision of an instrument made under such enactment, does not come into effect

until on or after the establishment day, a function that on the passing of that enactment

or the making of that instrument was assigned under or in connection with that provision

to a specified body is, by this Act, transferred to the Executive on the commencement

of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified

in any enactment referred to in

Schedule 3

as a function of the following

(

a

) the chief executive officer of a health board;

(

b

) the Regional Chief Executive of the Eastern Regional Health Authority;

(

c

) the area chief executive of an Area Health Board.

(4) This section does not apply in relation to the functions of the Hospital Bodies

Administrative Bureau.

...

Functional areas of dissolved health boards.

67.—

(1) An area that before the establishment day was a functional area of—

(

a

) a health board,

(

b

) the Eastern Regional Health Authority, or

(

c

) an Area Health Board,

becomes on that day a functional area of the Executive with the same geographical

boundaries as it had before that day.

(2) References (however expressed) in any enactment referred to in

Schedule 3

to a functional area of a health board, the Eastern Regional Health Authority or

an Area Health Board are on and after the establishment day to be read as references

to—

(

a

) the corresponding functional area of the Executive or that area as redefined in

accordance with this section, or

(

b

) if the context so requires, the area comprising all of the corresponding functional

areas of the Executive or comprising all of those areas as redefined in accordance

with this section.

(3) Subject to

subsection (4)

and section 15(2)(

a

) of

the Civil Registration Act 2004

, the Executive may, by notice published in

Iris Oifigiúil

, redefine for any purpose specified by it in the notice the geographical boundaries

of a functional area of the Executive.

(4) If the Executive proposes to redefine the geographical boundaries of a functional

area for the purpose of any function that is the subject of an agreement under

section 8

with a public authority, the Executive shall consult that public authority before

redefining those boundaries.

...

SCHEDULE 3

Transfer of Functions and References to Functional Areas

Section 59

and

67

.

...

31. Education for Persons with Special Educational Needs Act 2004

...

Annotations

Modifications (not altering text)

C1

Functions transferred and

references to Minister for Health construed as Children, Equality, Disability,

Integration and Youth (1.03.2023) by

Specialist Community-Based Disability

Services (Transfer of Departmental Administration and Ministerial Functions)

Order 2022

(S.I. No. 688 of 2022), art. 4(1)(a) and sch. part 1, in

operation as per art. 1(2), subject to transitional provisions in arts. 5-9.

4. (1) The functions vested in the

Minister for Health -

(

a

) by or under the

enactment specified in Part 1 of the Schedule,

...

are transferred to the Minister

for Children, Equality, Disability, Integration and Youth.

(2) References to the Minister for

Health contained in any Act or instrument made under such Act, and relating to any

relevant function shall, on and after the commencement of this Order, be construed

as references to the Minister for Children, Equality, Disability, Integration and

Youth.

...

SCHEDULE

Article 4

Part 1

Education for Persons with Special

Educational Needs Act 2004 (No. 30 of 2004)

...

C2

Functions transferred and references Minister for Finance construed as

Public Expenditure and Reform (29.07.2011) by

Finance (Transfer of Departmental

Administration and Ministerial Functions) Order 2011

(S.I. No. 418 of

2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to

transitional provisions in arts. 6-9.

2. (1) The administration and

business in connection with the performance of any functions transferred by this

Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department

of Finance contained in any Act or instrument made thereunder and relating to the

administration and business transferred by paragraph (1) shall, on and after the

commencement of this Order, be construed as references to the Department of Public

Expenditure and Reform.

3. The functions conferred on the

Minister for Finance by or under the provisions of —

(

a

) the enactments

specified in Schedule 1, and

(

b

) the statutory

instruments specified in Schedule 2,

are transferred to the Minister

for Public Expenditure and Reform.

...

5. References to the Minister for

Finance contained in any Act or instrument under an Act and relating to any

functions transferred by this Order shall, from the commencement of this Order, be

construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 30 of 2004

Education for Persons with Special Educational Needs Act 2004

Sections 13, 19(2), 22(8), 28(9), 36(10) and (11) and 43

...

...

...

The history of the Ministers

concerned with Finance aspects of Act can be traced as follows

• Functions

transferred and title of Minister for

Finance

changed to

Public

Expenditure and Reform

(29.07.2011) by

Finance (Transfer of

Departmental Administration and Ministerial Functions) Order 2011

(S.I. No. 418 of 2025);

• Title of Minister

for

Public Expenditure and Reform

changed to

Public Expenditure,

National Development Plan Delivery and Reform

(1.02.2023) by

Public Expenditure and Reform (Alteration of Name of Department and

Title of Minister) Order 2023

(S.I. No. 19 of 2023), in operation as

per art. 1(2);

• Title of Minister

for

Public Expenditure, National Development Plan Delivery and Reform

changed to

Public Expenditure, Infrastructure, Public Service Reform and

Digitalisation

(5.06.2025) by

Public Expenditure, National

Development Plan Delivery and Reform (Alteration of Name of Department

and Title of Minister) Order 2025

(S.I. No. 243 of 2025).

C3

Functions transferred and functional areas dissolved (1.01.2005) by

Health Act 2004

(42/2004), ss. 59, 67, and sch. 3 item 31, S.I. No. 887 of 2004.

Transfer of functions of specified bodies to Executive.

59.—

(1) The functions that, immediately before the establishment day, were the functions

of a specified body under or in connection with the enactments referred to in

Schedule 3

are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in

Schedule 3

, or a provision of an instrument made under such enactment, does not come into effect

until on or after the establishment day, a function that on the passing of that enactment

or the making of that instrument was assigned under or in connection with that provision

to a specified body is, by this Act, transferred to the Executive on the commencement

of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified

in any enactment referred to in

Schedule 3

as a function of the following

(

a

) the chief executive officer of a health board;

(

b

) the Regional Chief Executive of the Eastern Regional Health Authority;

(

c

) the area chief executive of an Area Health Board.

(4) This section does not apply in relation to the functions of the Hospital Bodies

Administrative Bureau.

...

Functional areas of dissolved health boards.

67.—

(1) An area that before the establishment day was a functional area of—

(

a

) a health board,

(

b

) the Eastern Regional Health Authority, or

(

c

) an Area Health Board,

becomes on that day a functional area of the Executive with the same geographical

boundaries as it had before that day.

(2) References (however expressed) in any enactment referred to in

Schedule 3

to a functional area of a health board, the Eastern Regional Health Authority or

an Area Health Board are on and after the establishment day to be read as references

to—

(

a

) the corresponding functional area of the Executive or that area as redefined in

accordance with this section, or

(

b

) if the context so requires, the area comprising all of the corresponding functional

areas of the Executive or comprising all of those areas as redefined in accordance

with this section.

(3) Subject to

subsection (4)

and section 15(2)(

a

) of

the Civil Registration Act 2004

, the Executive may, by notice published in

Iris Oifigiúil

, redefine for any purpose specified by it in the notice the geographical boundaries

of a functional area of the Executive.

(4) If the Executive proposes to redefine the geographical boundaries of a functional

area for the purpose of any function that is the subject of an agreement under

section 8

with a public authority, the Executive shall consult that public authority before

redefining those boundaries.

...

SCHEDULE 3

Transfer of Functions and References to Functional Areas

Section 59

and

67

.

...

31. Education for Persons with Special Educational Needs Act 2004

...

ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Inclusive education.

3.

Preparation of education plan by school (including steps preliminary to such preparation).

4.

Assessment of child by or on behalf of health board or Council.

5.

Mode of assessment under

section 3

or

4

.

6.

Appeals in relation to assessments.

7.

Provision of services.

8.

Preparation of education plan at direction of Council.

9.

Content of education plan.

10.

Designation of school.

11.

Review of education plan.

12.

Appeals in relation to education plans.

13.

Duty of Minister and Minister for Health and Children to make resources available.

14.

Duty of schools.

15.

Planning for future education needs.

16.

Implementation of relevant education policy by health boards.

17.

Liaison officers.

18.

Delegation of functions of principals, etc.

19.

National Council for Special Education.

20.

Functions of Council.

21.

Membership of Council.

22.

Consultative forum.

23.

Implementation report.

24.

Chief Executive Officer.

25.

Employees.

26.

Special educational needs organisers.

27.

Curriculum.

28.

Removal of Council from office.

29.

Accounts and audits.

30.

Accountability of Chief Executive Officer to Committee of Public Accounts.

31.

Accountability of Chief Executive Officer to other Oireachtas Committees.

32.

Gifts.

33.

Committees.

34.

Annual report and information.

35.

Establishment day.

36.

Special Education Appeals Board.

37.

Report of Appeals Board.

38.

Provision for mediation in certain cases.

39.

Duty of health boards.

40.

Amendment of section 7 of Act of 1998.

41.

Maintenance of records.

42.

Regulations.

43.

Grants to Council and Appeals Board.

44.

Service of notices.

45.

Dissolution of body established under section 54 of Act of 1998.

46.

Legal proceedings pending against former Council.

47.

Transfer of property rights and liabilities of former Council.

48.

Bonds, guarantees, contracts, etc., of former Council.

49.

Transfer of staff of former Council.

50.

Plans, reports, etc., under Act privileged.

51.

Expenses.

52.

Amendment of Act of 1998.

53.

Short title and commencement.

SCHEDULE 1

Membership and Meetings of Council

SCHEDULE 2

The Chief Executive Officer