Vol. 641 No. 3
49 Deputy Joe Costello asked the Minister for Education and Science, further to her reply to Parliamentary Question No. 156 of 2 October 2007, if the promotion of safe homosexual sex education is part of the relationships and sexuality education programme; and if she will make a statement on the matter. [28458/07]
Relationships and sexuality education, RSE, is embedded in the social, personal and health education curriculum in primary schools and in the junior cycle. In the senior cycle, schools are also required to deliver an RSE programme. Sexual orientation and safe sex are not featured as part of the curriculum in primary schools, but the generic skills and values for respecting difference and relating to others are fostered. The SPHE programme is designed to promote the personal development, health and well-being of the individual child, to help the child to create and maintain supportive relationships and to become an active responsible citizen in society. The curriculum is built around three strands — Myself, Myself and Others and Myself and the Wider World, and it deals with issues such as making decisions, developing self-confidence, growing and changing, personal safety, relating to friends, family and others, handling conflict, respecting difference and developing awareness of bullying.
At junior cycle, these themes are continued. The relationships and sexuality education component of the programme focuses on issues such as hygiene, puberty, reproduction, pregnancy, resisting peer pressure, relationships, and accepting difference. The programme is supported by a comprehensive resource pack which includes lesson plans, case studies and activities. The topics include areas such as teenage pregnancy, understanding how certain behaviour can put students at risk, discussion on the implications of sexual activity, gender stereotyping, misconceptions about homosexuals and the importance of respect and tolerance when relating to others.
At senior cycle, the RSE programme includes in-depth coverage relating to reproduction, puberty, sexuality, family planning, contraception, responsible parenthood, implications of sexual activity, sexually transmitted infections, accepting sexual orientation, as well as relationships issues. Sexual harassment, sexual assault and sexual abuse are also covered, with where to seek help. The materials include case studies and quizzes designed to promote discussion and to dispel common myths about sex, pregnancy and so on.
Regarding sexual orientation, the emphasis is on recognising the ways different sexual orientations can be discriminated against, discussion of attitudes to sexual orientation, and understanding the need to value and respect difference. A recent evaluation of the implementation of RSE in second level schools, while highlighting many positive developments, has indicated that the content of the programme is being implemented selectively. Students reported that they consider that the topics of contraception, safe sex, condom use and sexual orientation are not adequately dealt with. In response, work is under way on the development of lesson plans linked to a DVD resource for teachers on contraception, sexually transmitted infections and sexual orientation, in collaboration with the Health Services Executive and the Crisis Pregnancy Agency. The contract for this work has been awarded by the Crisis Pregnancy Agency and work is well under way. This will be important in ensuring consistency of treatment of these issues in the curriculum, and in helping to ensure that teachers feel better equipped and more confident to deliver this aspect of the programme.
Development by the NCCA of a social personal and health education programme at senior cycle is also at an advanced stage and I look forward to receiving its recommendations at an early date.
I thank the Minister for her comprehensive reply. When will the Crisis Pregnancy Agency complete the contract that has been awarded? When will the product of that contract be distributed to the relevant schools?
As soon as it is completed it will be distributed to all schools. I am not sure of the timescale, but it is sensitive work because the schools must be able to use it themselves, and some training will also be involved. There have already been workshops for the teachers, which we made available in regional areas. We have found that the younger teachers are more comfortable with it. I do not have a date on when it will be completed.
The Minister's reply on 2 October and today refers to a DVD related course. When will that product be completed?
I have just answered the Deputy twice. I do not have a date for its completion. As soon as it is completed, it will be circulated to all the schools.
50 Deputy Jan O’Sullivan asked the Minister for Education and Science the charge proposed to be levied on students wishing to sit the 2008 leaving certificate examinations; the charges that were levied in each year from 2002 to date in 2007; the way these charges are calculated; the discussions undertaken with other Departments and agencies, including the Department of Social and Family Affairs, before setting these charges; and if she will make a statement on the matter. [28478/07]
Entry fees for the 2008 leaving certificate examination have not yet been determined. I expect that a decision will be taken very shortly with a view to announcing the new fee levels before the end of the current school term. The standard leaving certificate examination fee that applied for the years 2002-07 are as follows: 2002, €73; 2003, €76; 2004, €86; 2005, €90; 2006, €92; and 2007, €96. Examination fees are generally increased each year in line with increases in the consumer price index. It has not been the practice to hold discussions with the Department of Social and Family Affairs or any other Government agency before setting examination fee levels. There is an alleviation scheme in place whereby current medical card holders and their dependents are exempt from the payment of examination fees. This exemption applies to approximately 30% of all examination candidates each year.
The income received from examination fees generally covers only a fraction of the cost of running the examinations. The costs associated with examinations have been increasing significantly in recent years due to the introduction of new methods of assessment in various subjects and continuing increases in special arrangements for students with special needs.
51 Deputy Lucinda Creighton asked the Minister for Education and Science if she will confirm that no regulations concerning the prescribing of the revised curriculum have to date come before the Houses of the Oireachtas; when she will do so; and if she will make a statement on the matter. [28342/07]
The revised primary curriculum was developed in partnership with key education interests by the National Council for Curriculum and Assessment and published and launched by my Department in 1999. A copy of the curriculum, in the form of 23 books, was issued to every teacher. Implementation has been effected on a phased basis, supported by national programmes of professional development for teachers, full details of which have also been communicated to schools at each stage of theprocess.
The curriculum provides an integrated programme of learning in the spheres of languages, mathematics, social, environmental and scientific education and so on. The curriculum in religion is developed by the various church authorities and not by the NCCA. All schools are required to teach all aspects of the curriculum in all grades from junior infants through to sixth class, inclusive. While flexibility is in-built to facilitate local choice of discretionary curriculum time, the curriculum sets out a suggested minimum weekly timeframe for each subject area. In the curriculum for each subject area, a set of learning objectives is set out for four groupings, namely, infant classes, first and second class, third and fourth class, and fifth and sixth class.
Regulations in the form of a statutory instrument to prescribe the revised primary school curriculum have not been put in place. The rules for national schools, together with Department circulars and documents issued to schools, constitute administrative measures governing the recognition, operation, management and conduct of national schools. While these rules, circulars and documents are non-statutory, they are lawful measures which have been judicially considered and accorded the imprimatur of the Irish courts on a number of occasions.
The Education Act 1998 provides the Minister with the power to make regulations relating to a range of issues concerning the provision of education by schools. I favour the incremental use of those regulatory powers where appropriate to replace existing rules, circulars and communications with schools.
The Minister will be aware of a recent case initiated in the High Court concerning Irish language immersion at a young age. While I do not wish to comment on the particulars of this ongoing case, the persons who brought the case have been allowed to have the matter dealt with further in the High Court. It came to attention early in the court case that at no stage since the revised curriculum was adopted by the Department and the Minister has it been given statutory effect by way of regulations. Is the Minister aware of any advice from the Department to effectively put the revised curriculum on a statutory footing?
I understand that on several occasions, officials in the Department have advised her to this effect, as highlighted by an investigative journalism report by TG4. Given the import of the curriculum and circulars that followed it since 1999, it would make more sense to put it in a statutory form to ensure its legal certainty.
There is a value to putting circulars on a regulatory basis. As I stated, the curriculum is not currently on a basis of regulation. That does not mean it cannot be implemented, as can any of the other instructions given to schools. The High Court has found in the past that items such as circulars have legal effect. It would be valuable to put the circulars on a statutory footing, removing any legal uncertainty. At the same time, it does not take from the right of any Minister to issue circulars or instructions. We will be doing that.
The answer to the question is that the Minister has decided that on foot of the investigative piece by TG4——
No, it is not on foot of that.
It certainly looks like it. This story was broken by TG4 three weeks ago. Since then there has been much toing and froing and a court case has started. The Minister is now telling the Dáil she will put this on a legal basis. When will she do that?
Is the Minister concerned that some of the circulars following the revised curriculum in place since 1999 could now be legally defective? If this issue is applicable to Irish language immersion in gaelscoileanna, it must be applicable to other circulars which the Minister has failed to sign into law during her tenure.
There is absolutely no need to sign circulars into law. Over the years, the courts have clearly determined that rules, regulations and circulars have been given a legal basis and have the same understanding as if laid down in law. Where circulars have been issued, they do have a standing and status and must be implemented. The only development in the referred court case was that the court determined that there shall be a judicial review. No determination has been made on the merits or the value of the case.
The Minister of the day has the right to make rules. This goes back to the mid-19th century when rules for national schools were introduced. This was replaced with rules for national schools in 1922. In 1935 the Ministers and Secretaries Act put the drawing up of rules under the remit of the Minister for Education. The rules for establishing new schools make it clear that a school can only be recognised if it implements the curriculum. I have no concerns, therefore, with issued circulars and the legal basis which they hold.
Did the Minister receive any advice from her officials that she should have signed the revised curriculum by way of a statutory instrument? When will the Minister place such a statutory instrument in the Oireachtas Library for the notice of Members?
Officials in the Department have been working for some time on the regulations for the primary school curriculum. The circular which I issued in the summer relating to teanga oideachais has sufficient basis and there is no need to put it on a statutory footing.
Did the Minister get advice on this?
I do not believe I have advice that I must put it on a statutory footing.
52 Deputy Joan Burton asked the Minister for Education and Science further to her reply to Parliamentary Questions Nos. 125, 150 and 158 of 2 October 2007 the reason for the discrepancy in the promise in the programme for Government to reduce the primary pupil-teacher ratio to one primary teacher for every 24 primary pupils by 2010 when she herself asserts that the primary pupil teacher ratio already stands at 16:1 as stated in her reply to the parliamentary questions; and if she will make a statement on the matter. [28459/07]
The referred commitment in the programme for Government relates to a reduction in class sizes, through improvements in the staffing schedule by which classroom teachers are assigned to schools. The pupil-teacher ratio on the other hand, counts all the teachers in schools, not only those employed as mainstream classroom teachers, but also those working in areas such as resource teaching and language support.
There are now 5,000 more primary teachers than in 2002. The estimated annual value of additional expenditure on these posts is approximately €300 million. As a result of the appointment of extra teachers, the pupil-teacher ratio has been reduced to 16.4:1. In addition to mainstream class teaching duties, additional posts have been used for other improvements. These include the introduction of the general allocation model for deploying learning support-resource teachers in September 2005 and the allocation of additional learning support-resource teachers. There has been a major expansion in the number of language support teachers meaning some schools have six language support teachers each; the appointment of administrative principals for schools with principal and four or five mainstream teachers which also has a specialist autism unit; and the appointment of administrative deputy principals for the first time.
The staffing schedule for the allocation of mainstream classroom teachers to schools has also been improved. In the 2005-06 school year, schools were staffed on the basis of a general rule of at least one classroom teacher for every 29 children. This year it was reduced to one for 27.
The threshold for getting a developing school post has also been reduced in recent years specifically to help schools that are seeing large increases in enrolments each year. More than 330 such posts have been sanctioned in the 2007-08 school year compared to 117 in 2003-04.
The programme for Government commitment involves further improvements in the staffing schedule for primary schools so that subject to financial consideration schools would be staffed on the basis of a general rule of at least one classroom teacher for every 24 pupils.
The improvements made in primary school staffing in recent years are unparalleled. The Government is committed to providing more primary teachers over the next five years. We will also continue our focus on measures to improve the quality of education in our primary schools to ensure increased resources lead to better outcomes.
The Minister's reply clarifies what many ordinary people, particularly parents, find confusing at times. There is the ratio of teachers to pupils, which includes staff pupils may never see, and the pupil-teacher ratio in the classroom. Will the Minister confirm that the pupil-teacher ratio in the classroom is 1:27?
No, it is unfair to say there are teachers in schools whom pupils may never see. The people who are not counted in class-size number are the principal, deputy principal, home-school liaison officers, resource, learning support and special needs teachers. These are staff the pupils will see every day but they are not teaching, say, Irish, English, maths, history, geography in the classroom.
The Deputy is wrong in how he put his question. The average class-size is determined by the number of mainstream classroom teachers divided by the number of children. Schools are allocated a teacher for every 27 children. Smaller schools are much more generous; for example, one can get schools consisting of 12 children that can have two teachers. The pupil-teacher ratio is calculated by every teacher in a school, whether it is a classroom or learning support teacher, divided by the number of students. That is why it is as low as 1:16 in some schools.
Parents with little or no experience of the bureaucracy of the Department of Education and Science or the science associated with teaching will be concerned as to how many other children will be in first, second or third class along with their Máire or Johnny. All other non-classroom teachers are seen as backup and support. Parents' main concern is the actual ratio of primary school teachers to the number of children in a classroom in those critical schoolgoing years. Will the Minister agree on some clarity in conveying this information to the wider public and the House? To judge by the answer I received on 2 October the Minister can manipulate the figures to produce different kinds of results. While I am not accusing the Minister of doing that I seek clarity so that parents understand how many pupils there are in their children's classrooms.
Class size may be an issue for the parent whose child does not need anything extra. The special needs and resource teachers are necessary for the child who has a learning difficulty. The 1,800 teachers who teach nothing but English to newcomers are important for the children who do not speak English. The home-school community liaison teacher is important for the parent who needs support to link in.
Class size is an issue for some people but schools are staffed for their mainstream classroom teacher in the ratio of 1:27. There is no international evidence to show that class size makes a whit of difference to the outcomes except in the lowest classes. Notwithstanding that it makes no difference up the line, we have made a commitment to ensure that we continue to reduce class size but it is equally important that the other supports are available too. If in the past three years all the teachers who went into special needs and language teaching had been employed to reduce class sizes the ratio would be approximately 1:15 but we had to prioritise the most vulnerable people such as the disadvantaged who have small class sizes, those with special educational needs and newcomers who do not speak English.
53 Deputy Jim O’Keeffe asked the Minister for Education and Science if she is satisfied that the admissions policy employed by secondary schools is fully compliant with all of the requirements under existing Irish legislation; and if she will make a statement on the matter. [28288/07]
The Education Act 1998 requires all schools to have in place an admissions policy, detailing admission to and participation by students, including those with special needs, in the school. An agreement was reached in 1993 between the Department and the national representatives of the managerial associations regarding selection of pupils on the basis of academic ability. While school enrolment policy is a matter for the managerial authorities of each individual school, it was agreed that selection on the basis of academic ability was to be discontinued. It was also agreed that each school should disclose its enrolment policy and the criteria used in selecting pupils for enrolment.
It was accepted that where schools receive more enrolment applications than they can cater for, a selection procedure is necessary. Schools adopt different selection procedures in such cases, for example, priority given to pupils from national schools in the area; enrolment on a first-come, first-served basis; random selection on the basis of age of applicants; priority given to brothers and sisters of pupils already enrolled in the school; and to pupils of a particular religious denomination. While enrolment procedures such as those are broadly acceptable, all the parties to the agreement emphasised the importance which they attach to the principle of the school working in and for the community it serves. On that basis, post-primary schools should emphasise catering, in the first instance, for children from their own communities and catchment areas. In formulating its admissions policy a school must ensure it is lawful. In particular, it must act in accordance with section 7 of the Equal Status Act 2000.
My Department has issued an information booklet to schools entitled Schools and the Equal Status Acts. The booklet identifies ways in which the rights conferred and the duties imposed by this legislation, together with the education legislation can be used as building blocks for the creation of an inclusive school. Section 29 of the Education Act 1998 allows the parents of a student who has been refused enrolment in a school to appeal that decision to the Secretary General of the Department. Where an appeal is upheld the Secretary General is empowered to direct the school to enrol the student. When considering an appeal of a decision of refusal to enrol, the appeals committee may consider the admissions policy of the school and on occasion an appeals committee has advised a school in its determination to revisit its admissions policy. The determination of an appeals committee is issued to all the parties to an appeal.
Over a year ago the Minister announced that she was conducting an audit of admissions policies particularly in respect of newcomer families and those with special needs. When will that audit be published? Following the audit, is the Minister satisfied with enrolment policies? Does she intend to bring forward any new policy proposals in respect of admissions?
Are not some schools very selective in the way they decide not to take in children with special needs? I agree with what the Minister said on this subject last year but we need to do something about it and ensure there is a rigorous process making clear that this kind of activity is unacceptable. Is the Minister aware that it is also the policy of some secondary schools to require children in an existing primary school to leave that school and go into a private primary school before admission to their school? A range of these issues needs sorting out and we need clear answers from the Minister.
An audit was conducted of approximately 50% of schools examining the treatment of those with special needs, Travellers, newcomers etc. I am not inclined to publish it because that might give rise to league tables in certain areas which would pressurise the schools that take a significant number of children with special needs. Publishing results for an area could give the impression that a particular school took only children with special needs which would be unfair to the school. It does however provide me with valuable information for determining the future policy direction. I do not have the final statistics but the preliminary results show that some schools are taking more than their share of children with special needs. Giving resources to the schools helps to smooth that difference.
They are carrying children up the stairs in the school in Ballina.
Written Answers follow Adjournment Debate.
