The Government should urgently reform the Constitution so that thousands of special needs children gain rights to a proper education, the Task Force on Autism has proposed.
In its report, seen by The Irish Times, the task force - established in the wake of the Jamie Sinnott case - is scathing about the level of provision for autistic children and adults. It says parents, who have been marginalised to date, should have a primary role in the decision-making process as soon as their child has been diagnosed.
The task force also wants new laws dealing with the educational rights of people with disabilities. It says a new "civil rights statute" should be enacted.
The report says provision should be made for a situation in which one in 500 people in the State could suffer autism, with one in 277 suffering from the milder form, known as Asperger's syndrome.
The report is now being considered by the Minister for Education, Dr Woods. The task force was established shortly after the original High Court case involving Corkman Mr Jamie Sinnott and his mother Kathryn.
She told The Irish Times last night that while there appeared to be many positive elements in the report, only a constitutional amendment would ultimately guarantee the rights of her son Jamie and others.
The report appears to be implicitly critical of the Supreme Court ruling in the Sinnott case. This caused a furore by limiting the rights to education of those under 18 years of age.
The report says the fundamental right at stake should be "basic learning for all', including adults.
The task force, chaired by Ms Sheelagh Drudy, professor of education at UCD, does not specifically recommend a constitutional referendum of the kind advocated by Ms Sinnott and others. It also offers no potential wording for such an amendment.
However, it does say that constitutional reform is needed to provide "a more solid legal base for legislation in this area" and the main emphasis of reform should be to ensure the right "to an equally effective education for all, regardless of difference".
The report highlights the sometimes shabby treatment of parents of children with special needs. This includes parents being excluded from meetings between health and education professionals about their child. Another parent said they had virtually no input regarding the appropriate options for their child.
One parent is recorded as saying she had to shuttle between Departments of Health and Education, with neither taking responsibility.
It was agreed at the outset the report would be entirely independent of the Department of Education. The report says the task force has been "autonomous in its deliberations".
In its introduction it says: "While the task force sincerely hopes that its analysis and recommendations will be adopted by the Departments of State, it acknowledges that the recommendations are independent of any Department".
The report has yet to be officially released, but Dr Woods is likely to come under pressure to implement most of its recommendations. The report does not give details on the cost of the changes and the Department of Finance has previously been reluctant to sanction widespread changes in the area.
The Minister has already promised to set up a new council for special education which would intervene with special needs providers if parents felt they were not getting the services they needed.
A Disabilities Bill is also being prepared by the Government and this is likely to contain several measures relating to education and special needs.
The members of the task force were: chairperson: Ms Sheelagh Drudy, professor of education, UCD; secretary, Mr Micheβl ╙ Flanagβin; Mr Pat Matthews, Irish Society for Autism; Dr Rita Honan, psychology department, Trinity College; Mr Pat Walsh, parent of an autistic child; Dr Rita Jordan, school of education, the University of Birmingham; Mr C.B. ╙ Murch·, Department of Education; Mr Michael Sheehan, of the National Education Psychological Service; Ms Rita Duffy, a teacher; Prof Michael Fitzgerald of the Ballyfermot Child and Family Centre and Ms Maisie Dooley, honorary secretary of the Western Society for Autism.