disabilities

ix. Instructional Climate: the common informing of students with SEN to ‘lower their expectations’ when it comes to academic performance is abandoned so no student believes they will not be proportionately rewarded for effort in school.

The implementation of this model has been extensively advocated for in Ireland, most recently within a higher education setting, with a view to improving the inclusion and retention of students with disabilities.

284

IV. Case Study: School closure during Covid 19 and the rights of children with disabilities and/or special educational needs

With the emergence of the Covid-19 pandemic, primary and secondary schools closed for extended periods of time. This presented a number of issues, as while some children continued to do their work from home, households with children with special educational needs generally lacked the facilities required to educate their children to a comparable level as their schools. Therefore, the closure of schools was suggested to have a marked effect on the learning and development for children with special educational needs; concerns were expressed that it negatively impacted their social and academic progression.

285

In discussing the reopening of schools, advocates expressed that ‘we cannot lose sight of the significant harm being done to many students with special educational needs by the continued absence of an adequate level of education supports’.

286

They further detailed the struggles of families and carers of children with disabilities, impressing that ‘the discussions that have taken place between Government and educational stakeholders have relegated the voice and needs of the child throughout this process’.

287

It was highlighted that following the closure of schools, there were sparse supports available the at-home education for children with special educational needs such as ‘[d]irect virtual 1:1 access to the teacher, special education teacher

284 Ahead, ‘Inclusive Learning and the Provision of Reasonable Accommodations to Students with Disabilities in Higher Ed in Ireland’ <https://www.ahead.ie/reasonableaccommodations> accessed 17 January 2021. 285 Ellen O’Riordan, ‘School closures: Parents of children with special needs threaten legal action’ (The Irish Times, 22 Jan 2021) <https://www.irishtimes.com/news/education/school-closures-parents-of-children-withspecial-needs-threaten-legal-action-1.4465595> accessed 14 November 2021. 286 Inclusion Ireland, ‘Children with disabilities and their families ‘almost completely forgotten’ in schools’ row’ (19 January 2021) <https://inclusionireland.ie/news-events/children-with-disabilities-and-their-familiesalmost-completely-forgotten-in-schools-row-disability-and-family-carer-groups/> accessed 14 November 2021. 287 Inclusion Ireland, ‘Children with disabilities and their families ‘almost completely forgotten’ in schools’ row’ (19 January 2021) <https://inclusionireland.ie/news-events/children-with-disabilities-and-their-familiesalmost-completely-forgotten-in-schools-row-disability-and-family-carer-groups/> accessed 14 November 2021.

or SNA, direct virtual access to therapy supports, in-home supports from a teacher or SNA’ which would have potentially made possible the partial re-opening of schools for children whose needs would not be met by these measures.

288

Of note, there were serious concerns expressed as to the constitutionality of the school closure for children with special educational needs, particularly due to the absence of a comprehensive system of at-home supports. Prospective litigation strategies based on the afore-outlined ‘appropriate education’ jurisprudence were drafted, to force action on the part of the State to provide effectively for children with special educational needs.

289

The primary contention appeared to challenge that the school closure was an appropriate restriction of their right to education.

290

While schools were eventually reopened to varying degrees and these points became largely moot, the significant detrimental impacts and emotional distress caused for all involved remained evident. It was hoped that the summer provision programme run by schools would ameliorate the situation and lessen any detrimental impact of the school closure, however it was largely described as a failure.

291

The programme appeared to operate on a voluntary and ad hoc basis, with limited resources and availability for students. Commentators expressed the view that Government resolutely failed to adopt a child-centred approach to this issue.

292

From this case-study it is evident that a robust and flexible system of education for children with special educational needs is essential to their development and social progression.

Chapter Conclusion

● Despite judicial rulings in the 1990s defining an “appropriate education” as one which allows a child to reach their full potential and capacities, in light of decisions such as

288 Inclusion Ireland, ‘Children with disabilities and their families ‘almost completely forgotten’ in schools’ row’ (19 January 2021) <https://inclusionireland.ie/news-events/children-with-disabilities-and-their-familiesalmost-completely-forgotten-in-schools-row-disability-and-family-carer-groups/> accessed 14 November 2021. 289 Ellen O’Riordan, ‘School closures: Parents of children with special needs threaten legal action’ (The Irish Times, 22 Jan 2021) <https://www.irishtimes.com/news/education/school-closures-parents-of-children-withspecial-needs-threaten-legal-action-1.4465595> accessed 14 November 2021. 290 Ellen O’Riordan, ‘School closures: Parents of children with special needs threaten legal action’ (The Irish Times, 22 Jan 2021) <https://www.irishtimes.com/news/education/school-closures-parents-of-children-withspecial-needs-threaten-legal-action-1.4465595> accessed 14 November 2021. 291 Jess Casey, ‘Summer provision problems leave families in limbo’ (The Irish Examiner, 28 May 2021) <https://www.irishexaminer.com/news/spotlight/arid-40300253.html> accessed 14 November 2021. 292 Ellen O’Riordan, ‘School closures: Parents of children with special needs threaten legal action’ (The Irish Times, 22 Jan 2021) <https://www.irishtimes.com/news/education/school-closures-parents-of-children-withspecial-needs-threaten-legal-action-1.4465595> accessed 14 November 2021.

O’Carolan293 and Sinnott,294

it is seriously questionable whether this standard of “appropriate education” is being upheld for children with disabilities in Ireland. ● Whilst the Education for Persons with Special Educational Needs (EPSEN) Act 2004 represented a step forward for special needs education in Ireland, more work needs to be done by both the Government and the National Council for Special Education in realising the goals of the legislation. ● In order to better deliver education to classes of children with mixed ability, the Universal Design for Learning (UDL) should be adopted. ● As the restrictions imposed during the Covid-19 pandemic had a particularly adverse effect on school children with disabilities, this highlights the importance of ensuring all children with disabilities in Ireland receive an inclusive and quality education.

293 [2005] IEHC 296. 294 [2001] IESC 63, 2 IR 545.