Legislation to give certain education rights to children with special needs has still not been implemented 11 years after it was passed, the Dáil has heard.

School principals are forced “to play God every year” and choose children for the two psychological assessments they are likely to be allocated, when the demand is much greater, according to Fianna Fáil leader Micheál Martin.

This was because “the parts of the Act that give rights to children have never been commenced”.

He said the only sections of the Epsen Act (education for persons with special education needs) that had been implemented dealt with policy, the setting-up of a special education review council and other structural elements.

The sections not dealt with relate to educational assessment for all children with special educational needs, the development of a statutory individual education plan and the delivery of detailed education services, Mr Martin said.

The Cork South-Central TD referred to the “appalling provision” of physiotherapists, occupational therapists and speech and language therapists.

Mr Martin said “the current model, situated in the HSE, is simply not working”, and it was the wrong model because it took children out of the classroom. He believed there should be a multidisciplinary response in the classroom where the physiotherapist, occupational and speech and language therapist worked with teachers to meet children’s needs.

Taoiseach Enda Kenny agreed “this has dragged on for a very long time”, but he said the budget had increased the number of resource teachers by 46 per cent and special needs assistants by 22 per cent.

He added that Minister for Education Richard Bruton was "working on a model to strengthen the function and capacity of resource teaching in schools". He said "the changes over time will allow for the fulfilment of the remaining sections of the Epsen Act".