Dáil Éireann Debate, Wednesday - 7 May 2014
51. Deputy Jonathan O'Brien asked the Minister for Education and Skills the number of legal proceedings that have been issued against his Department during 2013 and 2014 for children receiving special needs assistant support and any other issues; the number of these cases that are still pending; and the number of children who received SNA support after legal proceedings regarding their case were initiated. [20481/14]
View answerIn 2013 legal proceedings commenced against my Department in respect of six children with Special Education Needs. Four of these cases are still pending. I can confirm that none of these proceedings related to the provision of Special Needs Assistant support.
The National Counsel for Special Education (NCSE) through its network of local Special Educational Needs Organisers (SENOs), is responsible for processing applications from schools for special educational needs supports, including the allocation of Special Needs Assistants (SNAs) to schools. The NCSE operates within my Department's established criteria for the allocation of Special Education supports and the staffing resources available to my Department. The criteria by which SNA support is allocated to pupils is set out in my Departments Circular 0030/2014.
The NCSE allocates a quantum of SNA support for each school annually taking into account the assessed care needs of children qualifying for SNA support. The deployment of SNAs within schools is then a matter for the individual Principal/Board of Management. SNAs should be deployed by the school in a manner which best meets the care support requirements of the children enrolled in the school for whom SNA support has been allocated. It is a matter for schools to allocate support as required, and on the basis of individual need, which allows schools flexibility in how the SNA support is utilised.
Whereas SNA support may already have been a feature of the supports provided in respect of a number of these children, the NCSE has advised that no additional SNA supports have been allocated in respect of any of the children as a result of legal proceedings. I can also confirm that no legal proceedings have commenced in 2014 to date in respect of children with Special Education Needs.
