National Council For Special Education (Establishment) Order, 2003
Statutory Instruments
Source: Statutory Instruments

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paragraphs: This Order may be cited as the National Council for Special Education (Establishment) Order 2003.
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paragraphs: Article 7(1)(b) and (c) and Article 7(2)(c), (e) and (f) come into operation on 1 st October 2004.
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paragraphs: (1) In this Order, unless the context otherwise requires -
“Act” means the Education Act 1998 (No. 51 of 1998);
“Chief Executive Officer” means that person appointed in accordance with Article 19;
“child” means a person who is under the age of 18 years;
“Council” means the National Council for Special Education established under Article 4.
(2) In this Order a reference to -
(a) an article is a reference to an Article of this Order unless it is indicated that reference to some other enactment is intended,
(b) a paragraph is a reference to a paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and
(c) a subparagraph is a reference to a subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.
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paragraphs: There shall stand established on the establishment day a body to be known as the National Council for Special Education, which shall perform the functions conferred on it by or under this Order.
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paragraphs: The 24 th day of December 2003 is appointed to be the establishment day for the purposes of Article 4.
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paragraphs: The seal of the Council shall be authenticated by the signature of -
(a) the chairperson, deputy chairperson or another member of the Council authorised by it to act in that behalf, or
(b) the Chief Executive Officer of the Council authorised by the Council to act in that behalf.
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paragraphs: (1) The general functions of the Council shall be to -
(a) carry out research and provide expert advice to the Minister on the educational needs of children with disabilities and the provision of related services,
(b) provide for a range of services at local and national level in order that the educational needs of children with disabilities are identified and provided for, and
(c) co-ordinate, with health boards, schools and other relevant bodies, the provision of education and related support services to children with disabilities.
(2) Without prejudice to paragraph (1), the Council shall -
(a) conduct and commission research on matters relevant to its functions and, as it considers appropriate, to publish in such form and manner as it thinks fit the findings arising out of such research,
(b) advise the Minister in relation to any matter relating to the education of children and others with disabilities on being requested by the Minister to do so,
(c) make available to the parents of children with disabilities information in relation to the provision for their children regarding education,
(d) consult with schools, health boards and other relevant bodies in relation to the provision of education and support services to children with disabilities,
(e) from time to time carry out general assessment and review of the provision of education and related support services to children with disabilities,
(f) monitor the educational progress of children with disabilities and ensure that it is reviewed at regular intervals, and
(g) disseminate to schools and to parents information relating to best practice, nationally and internationally, concerning the education of children with disabilities.
(3) The Council shall have all such powers as are necessary for or are incidental to the performance of its functions.
(4) In carrying out their functions, the Council and its employees, shall act in accordance with any policy direction issued by the Minister.
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paragraphs: (1) The Council shall have 13 members and shall consist of a chairperson and 12 ordinary members.
(2) The chairperson and all ordinary member of the Council shall be appointed by the Minister from among persons who have a special interest in or knowledge relating to the education of children with disabilities, and shall include 2 persons from among persons nominated to the Minister by the National Disability Authority.
(3) The Council shall, from time to time, elect from among its members a deputy chairperson.
(4) Before making appointments to the Council under this Article, the Minister shall consult with -
(a) national associations of parents,
(b) recognised trade unions and staff associations representing teachers and principals of schools, and
(c) recognised school management organisations
with a view, where the Minister considers it appropriate to do so, to appointing as members of the Council persons nominated for such appointment by those associations, trade unions and organisations, but the number of nominees of those associations, trade unions and organisations (taken as a whole) that may be so appointed shall not exceed 4.
(5) The Minister shall have regard to the desirability of such gender balance in the membership of the Council, as he or she considers appropriate and determines from time to time, when making appointments to the Council under this Article.
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paragraphs: (1) A person shall not be eligible to be a member of the Council at a particular time if that person -
(a) is at that time entitled under the Standing Orders of either House of the Oireachtas to sit therein,
(b) is at that time a representative in the European Parliament,
(c) is at that time an undischarged bankrupt,
(d) within the 3 years preceding that time has made a composition or arrangement with creditors, or
(e) within the 5 years preceding that time has served a term of imprisonment imposed by a court of competent jurisdiction.
(2) Where a member of the Council -
(a) is nominated as a member of Seanad Ãireann,
(b) is elected as a member of either House of the Oireachtas or to be a representative in the European Parliament,