The proposed legislation aims to move away from the terms ‘children with special needs’ and ‘special units,’ introducing instead ‘children with disabilities and/or special educational needs’ and replacing special units with an ‘enhanced support programme.’ The changes affect language, procedures and the overall approach of the system, addressing key issues such as which children are assessed, how the process is carried out, where they are educated, how they are supported and what rights parents have in the process.
The shift goes beyond terminology. The enhanced support programme is defined as intensive educational or other support provided to children attending mainstream schools. Regulations stipulate that these children will be enrolled in the school register and in a class corresponding, as far as possible, to their age.
What the new framework changes
Beyond terminology, the amending bill and accompanying regulations introduce a series of changes affecting referral, assessment, schooling and support procedures:
- Special schools are assigned a broader role, providing support to mainstream schools. Under the new framework, they will not only educate children requiring specialised intervention but also offer expertise and guidance to teachers across all levels.
- Referrals to District Committees will be subject to clearer conditions. A referral must be accompanied by certification from a doctor, psychologist or speech therapist, and parental consent is required when the referral is not initiated by the parent. Referrals will generally be accepted until the end of January so that decisions take effect from September of the following school year, with exceptions for serious or urgent cases that can be examined throughout the year.
- The ‘report’ of the District Committee is replaced by a reasoned ‘decision’. This decision will record assessment findings, the child’s needs, the education and support to be provided, the means and accommodations required, any exemptions, additional classroom support and the timing of the next review – a change that strengthens the administrative weight of the process.
- Reassessments will become more systematic and will take place earlier in the school year. Each child’s needs will be reviewed before any transition between educational stages, every three years or more frequently where necessary.
- A specific provision is introduced for children enrolling in a public school for the first time. The District Committee will inform parents of their right to provide written consent for placement in a special school, while a reassessment will take place after one year in mainstream education through a multidisciplinary meeting.
- Parental information and participation are strengthened, while limits are introduced where the process is obstructed. Parents will receive the Committee’s decision, be informed of their right to submit written representations or alternative arrangements, and may request access to relevant records. If parents refuse to cooperate and impede the assessment, the Committee may proceed on its own initiative where this is deemed to be in the best interests of the child.
- The Central Committee’s decision is defined as final. Parents will be informed of their obligation to comply, with the aim of safeguarding the child’s rights.
- Provisions relating to examinations and accommodations are also revised. Regulations allow for adjustments to assessment papers, including simplified oral language without indicating the answer, adaptation of exam content in line with the same curriculum taught to the rest of the class, the use of technological tools and the option of sitting examinations in alternative locations such as the home or hospital, where necessary and where the integrity of the process is ensured.
- The framework governing school-leaving certificates is also revised. Children with disabilities and/or special educational needs attending mainstream schools will receive a certificate listing only the subjects attended and the examinations taken. For children in special schools, a certificate of attendance may be issued following a decision by the District Committee – a provision with direct implications for recognition of schooling and future educational or professional prospects.
