The concept of inclusive education is a relatively new phenomenon within the Irish education system, with considerable developments in government policy only occurring since the early 1990s. These developments are aiming to advance special education provisions and legislation for individuals with disabilities and special educational needs (SEN). This increased attention is illustrated by the Special Education Review Committee (SERC) report, the report of the Government Commission on the Status of People with Disabilities, A Strategy for Equality (1996), the National Council for Curriculum and Assessment (NCCA) Discussion Document (1999), Special Educational Needs: Curriculum Issues, the Education Act, the Equal Status Act and the recently published Education for Persons with Special Educational Needs Bill and the Disability Bill (2004). However, despite these advancements in SEN developments, it can be argued that the Irish government and education system still fall short of providing a rights-based education to all children with a disability or SEN in the state. This article discusses the educational provision for children with SEN from 1990 to 2004. © 2006, Educational Studies Association of Ireland.