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Articles

The law and special educational needs in Ireland: perspectives from the legal profession

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Pages 490-504 | Received 30 Nov 2014, Accepted 02 Mar 2015, Published online: 24 Apr 2015
 

Abstract

This article outlines parents’ struggle to secure adequate educational resources for their child(ren) with special educational needs within the Irish State system. The authors challenge the view that legislation facilitates practical advances that are meaningful to individual families. This small-scale exploratory study reports the findings from five in-depth interviews with experienced legal practitioners in the area of special educational needs in Ireland. These were selected due to their involvement in a number of high profile cases taken against the State. The findings underline the challenges faced by parents pursuing the legal route and the need for supportive structures to be put in place prior to the ligation process.

Acknowledgements

This work was supported by the Irish National Teachers Organisation under their research bursary scheme. The authors would also like to thank the participants who agreed to be interviewed.

Disclosure statement

No potential conflict of interest was reported by the authors.

Notes

1. Oireachtas Éireann is the legislature of Ireland. It consists of The President of Ireland and.

the two Houses of the Oireachtas: Dáil Éireann (Lower house) and the Seanad Éireann (Upper house).

2. The Irish Constitution, Bunreacht na hÉireann, was enacted on 1 July Citation1937, to replace the 1922 Constitution of the Irish Free State. A Bill of Rights was contained in Articles 40–44, and the courts were given power to invalidate legislation as unconstitutional. The Constitution can only be amended by a majority vote at a referendum.

3. Also known as Houses of the Oireachtas composed of Dáil Éireann (House of Deputies) and Seanad Éireann (Senate).

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