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Tuesday, 30 Apr 2013

Written Answers Nos. 236 to 252

State Examinations Issues

Questions (236)

Patrick O'Donovan

Question:

236. Deputy Patrick O'Donovan asked the Minister for Education and Skills if he will provide a breakdown in tabular form for the numbers of retired teachers who will take part this year's State examinations in the areas of aural, oral, practical, written and correction; and if he will make a statement on the matter. [20131/13]

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Written answers

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations.

In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.

School Enrolments

Questions (237)

Eoghan Murphy

Question:

237. Deputy Eoghan Murphy asked the Minister for Education and Skills the position regarding a primary school place in respect of a child (details supplied) in Dublin 6. [20146/13]

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Written answers

The selection and enrolment of pupils in schools is the responsibility of the authorities of the individual school. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in an area. However, this may result in some pupils not obtaining a place in the school of their first choice. As schools may not have a place for every applicant, a selection process may be necessary. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants. Under section 15 (2) (d) of the Education Act, 1998, each school is legally obliged to disclose its enrolment policy and to ensure that as regards that policy that principles of equality and the right of parents to send their children to a school of the parents choice are respected.

Section 29 of the Education Act, 1998 provides for an appeal by a parent or guardian to the Secretary General of my Department, or in the case of a Vocational Educational Committee (VEC) school to the VEC in the first instance, where a Board of Management of a school, or a person acting on behalf of the Board, refuses to enrol a student in a school, expels a student or suspends a student for 20 or more days in any school year. My Department has no authority to compel a school to admit a pupil, except in the case of an appeal under section 29 of the Education Act, 1998 being upheld.

The parents/guardians of the pupil in question may wish to contact my Department at the Section 29 Appeals Administration Unit, Friar's Mill Road, Mullingar, Co. Westmeath, (phone 044 9337008) if they wish to take an appeal under section 29 of the Education Act, 1998.

The National Educational Welfare Board (NEWB) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The NEWB may be able to offer assistance and advice on securing a school placement within the pupil's area. The contact details for the NEWB is National Educational Welfare Board, 16-22 Green Street Dublin 7, phone number 01-8738700.

Teacher Redeployment

Questions (238)

Michael McGrath

Question:

238. Deputy Michael McGrath asked the Minister for Education and Skills if he will address a matter raised in correspondence (details supplied) regarding teacher panel rights; and if he will make a statement on the matter. [20149/13]

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Written answers

The core function of the redeployment arrangements is to facilitate the redeployment of all surplus permanent teachers to other schools that have vacancies. The redeployment of all surplus permanent teachers is key to the Department's ability to manage within its payroll budget and ceiling on teacher numbers. Thereafter, schools are required under the panel arrangements to fill permanent vacancies from supplementary panels comprised of eligible fixed-term (temporary/substitute) and part-time teachers.

Following a review of the operation of the subsidiary and supplementary panel arrangements in the 2012/13 school year and in order to enable the redeployment process to operate in a more efficient manner a number of changes are being introduced with effect from the 2013/14 school year. All eligible applicants who meet the eligibility criteria will be placed on the relevant supplementary panels. There will no longer be separate subsidiary panels.

The Subsidiary and Supplementary Special National Panels are being phased out and no new applications are being accepted. This decision by the Department reflects the wider availability of primary teachers who are qualified to work in all settings which was not the case when this panel was originally set up. Access to the Supplementary Special National Panel for the 2013/14 school year will be confined to those teachers who were on the Subsidiary or Supplementary Special National Panels in the 2012/13 school year and who did not secure a permanent teaching post. My Department has contacted these teachers directly. A further change is that the Supplementary Special National Panel for the 2013/14 school year will be used only for filling permanent teaching posts in special schools that are not otherwise required for the redeployment of surplus permanent teachers. The arrangements for panel access for fixed term (temporary), substitute and part-time teachers for the 2013/14 school year are set out in Circular 0038/2012 which is available on the Department website.

Student Grant Scheme Applications

Questions (239)

Michael Healy-Rae

Question:

239. Deputy Michael Healy-Rae asked the Minister for Education and Skills the position regarding funding in respect of a person (details supplied). [20157/13]

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Written answers

To determine eligibility for financial support, a student may submit a fully completed online grant application to SUSI, via www.studentfinance.ie, once the application process for the 2013/14 academic year opens in May 2013. Currently maintenance support is not available for students entering postgraduate courses. Those who meet the qualifying conditions for the special rate of grant under the Student Grant Scheme will be eligible to have their post-graduate tuition fees paid up to the maximum fee limit of €6,270. A further limited number of students will qualify to have a €2,000 contribution made towards the costs of their fees. The income threshold for this payment is €31,500 for the 2012/13 academic year, increasing relative to the number of family dependents.

Tax relief is also available on postgraduate tuition fees. Details in relation to this relief are available from the Revenue Commissioners. In addition to this, the Student Assistance Fund will continue to be made available through the access offices of third-level institutions to assist students in exceptional financial need.

Special Educational Needs Issues

Questions (240, 242)

Charlie McConalogue

Question:

240. Deputy Charlie McConalogue asked the Minister for Education and Skills the number of Down's syndrome children in mainstream primary education; the classification of these children in the intellectual disability spectrum; and if he will make a statement on the matter. [20242/13]

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Charlie McConalogue

Question:

242. Deputy Charlie McConalogue asked the Minister for Education and Skills if he will provide details his Department has with regard to the number of Down's syndrome children who began primary school with a mild intellectual disability who were subsequently migrated to moderate intellectual disability during their primary school education; and if he will make a statement on the matter. [20257/13]

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Written answers

I propose to take Questions Nos. 240 and 242 together.

The Deputy will be aware of this Government's ongoing commitment to ensuring that all children with special educational needs, including children with Down syndrome, can have access to an education appropriate to their needs. The policy of my Department is to secure the maximum possible level of inclusion of students with special educational needs in mainstream primary and post-primary schools, or where a special school or special class placement may be required to ensure such placements are provided for. Pupils with Down syndrome attending mainstream schools may receive additional teaching support in primary schools, either under the terms of the General Allocation Model (GAM) of teaching supports, if the pupil's educational psychological assessment places the pupil in the mild general learning disability/high incidence disability category, or through an allocation of individual additional resource teaching hours which are allocated by the National Council for Special Education (NCSE), if the child is assessed as being within the low incidence category of special need, as defined by my Department's Circular Sp Ed 02/05.

Pupils with Down syndrome may be allocated resources under the category of mild general learning disability, or under the categories of moderate general learning difficulty or Assessed Syndrome, in conjunction with another Low Incidence disability. There is not presently a distinct disability category of Down syndrome for resource allocation purposes. As such, it is not possible to advise of the number of children with Down syndrome who are attending mainstream primary education or who have moved from the mild to moderate general learning difficulty category. I have asked the National Council for Special Education to provide me with policy advice on the issue of whether Down syndrome should be reclassified as a low incidence disability in all instances, regardless of assessed cognitive ability. This advice will be included in the NCSE's comprehensive policy advice on how the education system can best support children with special educational needs which is currently in preparation and which is expected in the coming months.

Special Educational Needs Staffing

Questions (241)

John McGuinness

Question:

241. Deputy John McGuinness asked the Minister for Education and Skills if he will review the case being made by a school (details supplied) in County Kilkenny relative to the retention of the behaviour for learning programme teacher as this post is essential to the school; if he will expedite a response; and if he will make a statement on the matter. [20256/13]

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Written answers

The National Behaviour Support Service (NBSS) promotes and supports positive behaviour through the provision of a systematic continuum of support to school communities. The service assists partner post primary schools in addressing behavioural concerns in schools. The Department has been informed by the NBSS that for the academic year 2013-2014, Castlecomer Community School is no longer considered to have the same high level of need as other schools working with the NBSS and the Behaviour for Learning Programme Teacher post will be withdrawn.

Question No. 242 answered with Question No. 240

Student Grant Scheme Eligibility

Questions (243)

Brendan Griffin

Question:

243. Deputy Brendan Griffin asked the Minister for Education and Skills if persons (details supplied) in County Kerry will qualify for the special rate of maintenance grant in view of the successful outcome of an appeal to the social welfare appeals office to confirm that the family was in receipt of a long-term social welfare payment; and if he will make a statement on the matter. [20258/13]

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Written answers

The Deputy will appreciate that in the absence of all of the relevant details that would be contained in an individual's application form and supporting documentation, it would not be possible for me to say whether or not a student should qualify for the special rate of maintenance grant. The decision on eligibility for the special rate of maintenance grant for the students referred to by the Deputy is a matter for the relevant grant awarding authorities, in this case, County Kerry VEC and Kerry County Council.

The eligibility of an applicant, or the level of the grant awarded, may be re-assessed by the awarding authority in the event of a change of circumstances in the academic year. The applicant should in the first instance contact the relevant awarding body and notify them of the change in circumstances. Where a grant application is refused, the reason for the refusal is given by the grant awarding authority. An applicant may appeal the decision to the relevant awarding authority. Where the appeals officer decides to reject the appeal, the applicant may appeal this decision to my Department or the independent appeals board, as appropriate.

School Enrolments

Questions (244)

Regina Doherty

Question:

244. Deputy Regina Doherty asked the Minister for Education and Skills if there is a shortage of primary school places in an area (details supplied) in County Meath; and if he will make a statement on the matter. [20280/13]

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Written answers

The Forward Planning Section of my Department continuously analyses demographic trends to determine where additional school provision will be required into the future. Should any extra needs arise in the area referred to by the Deputy, they will be identified and met under this process.

Labour Relations Commission Recommendation

Questions (245)

Michelle Mulherin

Question:

245. Deputy Michelle Mulherin asked the Minister for Education and Skills the reason no payment has been made by Mayo Vocational Education Committee to a person (details supplied) following a Labour Relations Commission rights commissioner hearing that found that the claimant had a legitimate grievance and a payment of compensation was recommended; when his Department will issue further instructions to Mayo VEC on this matter; and if he will make a statement on the matter. [20282/13]

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Written answers

On full examination of the Rights Commissioner finding in this case it is the view of the Department that the Rights Commissioner erred in her findings in relation to this matter. The Department of Education and Skills Circular on seniority (DES Circular No. 59/06), which was agreed with both IMPACT and SIPTU, the 2 Unions representing SNAs is clear in that it states that "Seniority is important in determining which SNAs should be offered reduced hours or have their employment terminated when the allocation of the school is reduced." DES Circular No. 59/06 is entirely silent on the allocation of sanctioned additional SNA support hours. Accordingly, it is entirely a matter for the school/VEC as the employer to determine the most appropriate method of allocating any sanctioned additional SNA support hours granted by the NCSE with a view to effectively meeting the care needs of the pupil/pupils in the school/VEC.

Unfortunately, in light of the above the Department are not in a position to sanction implementation of the Rights commissioner finding given that it contravenes both Departmental circular and practice in relation to the allocation and recruitment of SNAs.

State Examinations Issues

Questions (246)

Mary Mitchell O'Connor

Question:

246. Deputy Mary Mitchell O'Connor asked the Minister for Education and Skills if he will confirm that all students, who are deemed in need of a reader for the junior and leaving certificate by an educational psychologist, will have one assigned to them in 2013 and 2014; and if he will make a statement on the matter. [20311/13]

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Written answers

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations. The State Examinations Commission operates a scheme of Reasonable Accommodations in the Certificate examinations. Applications for such accommodations are submitted by schools on behalf of their students. Full details of the scheme is available for downloading from their website: www.examinations.ie/candidates/reasonableaccommodations. In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.

Special Educational Needs Services Provision

Questions (247)

Dominic Hannigan

Question:

247. Deputy Dominic Hannigan asked the Minister for Education and Skills if his Department has done a study that tracks a student who needs the assistance of a SENO or resource teaching hours from primary school through to the completion of the leaving certificate and the number of those that go on to third level education; and if he will make a statement on the matter. [20315/13]

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Written answers

I wish to advise the Deputy that the National Council for Special Education (NCSE), through its network of local Special Educational Needs Organisers (SENOs), is responsible for processing applications from primary and post primary schools for special educational needs supports including resource teaching and Special Needs Assistant (SNA) support. The NCSE operates within my Department's criteria in allocating such support. Another function of the Council is to carry out research and provide expert advice to me, as Minister for Education and Skills, on the educational needs of children with disabilities and the provision of related services.

The NCSE has developed a comprehensive programme of research and to date has published 14 completed reports from commissioned studies. The published reports are all available to download from the NCSE website (www.ncse.ie). In 2009 the NCSE commissioned a three year longitudinal research study specifically to track the experiences and educational outcomes of a cohort of primary, post primary and special school students in a number of case study schools around the country. In total the study followed 140 students in 24 schools. The researchers gathered evidence from multiple perspectives, including those of students, parents, school-based staff, allied professionals and disability groups in order to fully understand the impact of current provision to support children and young people with special educational needs in both mainstream and special schools. The report from this study is currently being finalised. It is expected that it will be completed late in 2013 for publication in 2014. The study has been carried out by researchers at the University of Northampton, UK; Trinity College, Dublin; and the Irish based, Institute of Child Education and Psychology Europe.

I also wish to advise the Deputy that my Department has requested the National Council for Special Education (NCSE) to provide policy advice to my Department, in accordance with its role under the Education for Persons with Special Educational Needs (EPSEN) Act, on the appropriate nature and configuration of educational supports which should be provided to schools to support children with special educational needs. It is intended that the significant resources to support children with Special Educational Needs are deployed to ensure the best possible outcomes for students. The advice will be a key input into achieving this goal. The advice from the National Council for Special Education is expected in the coming months.

Vocational Education Committees Staff

Questions (248)

Seán Ó Fearghaíl

Question:

248. Deputy Seán Ó Fearghaíl asked the Minister for Education and Skills the position regarding vocational education committee employees who are also members of local authorities being allowed to absent themselves from work in order to attend council meetings; the number of VEC employees that are members of local authorities; and if he will make a statement on the matter. [20321/13]

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Written answers

Teachers employed by Vocational Education Committees (VECs) who are also members of Public Bodies (i.e local authorities) are allowed up to a maximum of 10 days off each year to attend meetings of such bodies during school hours. The schools in which they teach are not entitled to claim a substitution payment in respect of the teacher's absence. Similar arrangements apply in the case of non-teaching staff. The Department does not hold information on the number of VEC employees that are members of local authorities. Officials from my Department have contacted each of the 33 VECs and I understand that VECs do not as a rule require staff to register their membership of a local authority. Accordingly, the Department is not in a position to provide the details requested as it would involve an inordinate amount of administrative time to compile.

State Examinations Issues

Questions (249)

Gerald Nash

Question:

249. Deputy Gerald Nash asked the Minister for Education and Skills the criteria used for the selection of persons employed to correct written leaving certificate exam papers; and if he will make a statement on the matter. [20322/13]

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Written answers

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations. In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.

Student Support Schemes Issues

Questions (250)

Robert Troy

Question:

250. Deputy Robert Troy asked the Minister for Education and Skills if he will confirm when the external review of the central online system for student grant applications Student Universal Support Ireland will be completed; the higher education section of his Department confirmed on 25 April 2013 that the report has yet to be finalised. [20427/13]

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Written answers

An external review of Student Universal Support Ireland's business processes is currently being undertaken to inform improvements in the system for the 2013/14 academic year. The review is at an advanced stage and it is expected that it will be finalised shortly.

Special Educational Needs Issues

Questions (251)

Michael Healy-Rae

Question:

251. Deputy Michael Healy-Rae asked the Minister for Education and Skills if he will respond to correspondence (details supplied) regarding the appointment of a special needs assistant at a school in County Kerry; and if he will make a statement on the matter. [20509/13]

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Written answers

The National Council for Special Education (NCSE), through its network of local Special Educational Needs Organisers (SENOs), is responsible for processing applications from primary and post primary schools for special educational needs supports including resource teaching and Special Needs Assistant (SNA) support. The NCSE operates within my Department's criteria in allocating such support. The NCSE requested all schools to submit their applications for SNA support for the coming school year to them by 15th March, 2013 and advise all schools of their SNA allocations prior to the start of the new school year. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

Public Procurement Regulations

Questions (252, 253)

Catherine Murphy

Question:

252. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if his attention has been drawn to the delays being experienced by some local authorities due to the protracted nature of some public procurement processes; if he intends to issue new guidelines to streamline the process, particularly for tenders which are below EU threshold values; and if he will make a statement on the matter. [20138/13]

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Catherine Murphy

Question:

253. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if he intends to raise the matter of public procurement at EU level in order to establish a more streamlined process to avoid lengthy and costly delays in the procurement process that are being experienced by local authorities; and if he will make a statement on the matter. [20139/13]

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Written answers

I propose to take Questions Nos. 252 and 253 together.

Public procurement is the acquisition, whether under formal contract or not, of works, supplies and services by public bodies. Public procurement in Ireland is governed by legal requirements, rules and guidelines set both at national and EU level. The general requirements for goods and general services are set out in the Public Procurement Guidelines - Competitive Process 2004 (revised), whilst those for works and works-related contracts are set out in the Capital Works Management Framework. This guidance incorporates key elements of EU legislation that have been transposed into Irish law and is complemented by circulars and guidance issued by my Department and the National Procurement Service.

The most important of the guidance published by my Department includes:

- Public Procurement Guidelines - Competitive Process 2004 , in respect of the procurement of services and supplies - highlighting the need for a competitive process in respect of contracts below the EU threshold values;

- Circular 10/10 - require public bodies to promote participation of small and medium-sized enterprises in the award of public contracts;

- the Capital Works Management Framework - provides a suite of best practice guidance, standard contracts and generic template documents are available to download for all contracting authorities to provide a consistent approach to the management of public works projects; and

- Standardisation and simplification of tender documentation (for supplies and services) - In order to reduce the costs involved in participating or conducting the procurement function, the National Procurement Service has published a suite of model tendering and contract documents which help businesses and buyers to reduce costs.

All regulations, circulars, guidelines and standard forms are available on the Government’s eTenders website at: www.eTenders.gov.ie for goods and general services and at www.constructionprocurement.gov.ie for construction works and related services.

Under EU Directive on public procurement contracts above certain thresholds must be advertised on the Official Journal of the EU and awarded on the basis of objective and non-restrictive criteria. For works contracts the threshold is €5 million; for supplies and service contracts awarded by Government Departments the threshold is €130,000 and for the remainder of public bodies the threshold is €200,000. The threshold for supplies and service contracts of entities operating in utility sectors (water, energy, transport and postal) is €400,000. For contracts below these thresholds, the general requirement is that they be advertised on the national public procurement website www.etenders.gov.ie or, depending on value, awarded on the basis of a competitive process of direct invitation to an adequate number of suitable suppliers.

The aim of European and national rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money.

My Department is currently participating at EU level in the review of EU Directives: 2004/17/EC (procurement in the water, energy, transport and postal services sectors) and 2004/18/EC (public works, supply and service contracts). Whilst discussions on the revision of these Directives are currently underway, it is clear that one of the key reforms will be the introduction of an EU wide eProcurement procedure which will facilitate shorter procurement procedures.

The management of the tendering process for a public contract is a matter for each contracting authority. It is the responsibility of each contracting authority to ensure that tenderers comply with all the requirements of the process. In relation to delays being experienced by some local authorities in public procurement processes, these are matters for my colleague Deputy Phil Hogan, Minister for the Environment, Community and Local Government.

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