RYAN O'HANLON has spent just three years at school, but the Department of Education says he must now leave because he has reached the age of 18. His mother has threatened to stage a sit in at his school next month if the decision is let stand.
Ryan is one of about 3,000 severely/profoundly handicapped children in the Republic who, up to three years ago, were refused any kind of education by the State. But a High Court case taken by another Cork woman, Mrs Marie O'Donoghue, on behalf of her eight year old son Paul, decided such children were being discriminated against.
In the three years since she won her action, the Department has facilitated education through the Cope Foundation's St Paul's school in Cork. There are four special classes in St Paul's, providing for 24 children, and a total of 55 special classes throughout the State with 330 pupils.
But the Department has also decided to appeal the judgment that found its position was not constitutional. The appeal is due for court in the autumn.
Mrs Pat O'Hanlon, who spends her time caring for her husband, who has multiple sclerosis, and her only child, Ryan, was furious when she received a letter this week signed by the Minister for Education, Ms Breathnach, saying that because of his age Ryan would now move to a vocational training centre. Her request that he remain in the special class where he has made much progress was investigated by the Department's inspectorate.
"It has been recommended that the most suitable and stimulating post school environment for Ryan is a vocational training centre", the Minister's letter said. Run by the Coped Foundation, one of the country's largest organisations for the handicapped and mostly funded by the Department, a special course has been devised to meet the needs of young people like Ryan and an additional instructor has been sanctioned by the Minister.
One of the leading authorities in educating profoundly/severely handicapped people, Prof James Hogg of the University of Dundee in Scotland, assessed Ryan in April and found he had made excellent progress during his three years at school. He recommended Ryan continue in the same type of education.
Mrs O'Hanlon agrees. "His skills have improved so much and he can do much more to help himself. His speech has also improved and he uses words and (phrases correctly and in context. School has made such a difference to him."
Until the special class was established three years ago, only a baby sitting service was available to such handicapped children., The Department of Education held that such youngsters were in,capable of being educated, despite the fact that in many European countries and the ,United States, such education has ,been compulsory for more than 20 years.
Following recommendations made more than to years ago, a pilot project was set up, providing education for less than 200 of the estimated 2,500 to 3,000 severely/profoundly handicapped children. The pupil/teacher ratio was 12 to 1 and the plan to expand the number of classes was never carried out.
Ms Cathy Sinnott, from Mahon, Cork, is another mother fighting to have her 18 year old son, Jamie, given an education. She too was delighted with the progress he made in St Paul's and intends to fight to have him remain there.
She said the judgment handed down by Mr Justice Rory O'Hanlon in May 1993 did not have a stay on it and so became the law of the land, but despite this the vast majority of such children are still not receiving an education, and many have no service of any kind.
The Department says it is pursuing its appeal without prejudice to the present or future level of services but it is concerned with what it sees as Mr Justice O'Hanlon's over detailed judgment. He set out the kind of education the severely and profoundly handicapped were entitled to, according to the recommendations of some of the foremost experts in the world.
A statement from the Department of Education said: "The judgment raises issues of more general concern, primarily to do with the separation of the powers of the executive and the judicial arms of government. These are matters of such constitutional importance that the Supreme Court, which has a special role in interpreting the Constitution, must in the public interest be asked to consider the judgment in the context of the general constitutional scheme."
Mrs O'Donoghue, who won her case three years ago, said: "It is strange the Department has been able to find the money to provide free third level education for those who are the most able children in our society, but they cannot fund the needs of the most needy children."