Tuesday, 15 Nov 2016

Written Answers Nos. 223-235

Minor Works Scheme Applications

Questions (224)

Fiona O'Loughlin

Question:

224. Deputy Fiona O'Loughlin asked the Minister for Education and Skills if a school (details supplied) will receive an answer to its grant application; and if he will make a statement on the matter. [34644/16]

Written answers

Minister for Education and Skills

My Department is currently determining the likely end-year position on capital expenditure 2016 and I expect to be able to make an announcement regarding the Minor Works Grant 2016/2017 before the end of the week.

The Minor Works Grant issues to primary schools without the need for primary schools to submit an application. 

Tax Collection

Questions (225)

Catherine Murphy

Question:

225. Deputy Catherine Murphy asked the Minister for Education and Skills when a reply and remedy will issue to a person (details supplied) in respect of an error by his Department regarding an incorrect rate of PRSI; and if he will make a statement on the matter. [34647/16]

Written answers

Minister for Education and Skills

Officials in my Department are making arrangements to issue the relevant documentation regarding the misclassification of PRSI to the person referred to by the Deputy. When the required documentation has been received any refund of PRSI due will be processed as soon as possible.

Teachers' Remuneration

Questions (226)

Catherine Murphy

Question:

226. Deputy Catherine Murphy asked the Minister for Education and Skills his views on the fact that some ASTI members that opted out of supervision and substitution duties before the Haddington Road agreement are facing having their salary deducted despite the fact that they are no longer contracted to carry out those duties and cannot withdraw from them (details supplied); and if he will make a statement on the matter. [34659/16]

Written answers

Minister for Education and Skills

Supervision and substitution duties are compulsory for all teachers since the Haddington Road Agreement. As part of the S&S scheme finalised at this time a limited group of teachers were allowed to opt-out of the duties in return for a pay reduction. Department Circular 0006/2014 states that with effect from the beginning of the 2013/14 school year, participation in the Supervision and Substitution scheme will be compulsory for all teachers, save for those who avail of the opt-out arrangement.

The ASTI directive instructed its members to withdraw from the Supervision and Substitution Scheme. The opt-out is an element of the S&S scheme and ASTI have directed all members to withdraw from that scheme in its entirety. Therefore, the ‘opt-out’ provided for under the scheme will not apply to ASTI members who are subject to the directive. 

Where schools have been forced to close to students as a result of ASTI’s withdrawal from supervision and substitution duties, ASTI members who have not made themselves available for S&S will not be paid for those days.

It is normal industrial relations practice that, where workers in industrial action withdraw from core elements of their work, resulting in the closure of the workplace, those workers would not be paid for those days.

Mental Health Awareness

Questions (227)

Seán Haughey

Question:

227. Deputy Seán Haughey asked the Minister for Education and Skills if he will ensure that mental health awareness is promoted in schools; and if he will make a statement on the matter. [34670/16]

Written answers

Minister for Education and Skills

My Department is strongly supportive of the promotion of positive mental health awareness in both primary and post-primary schools and provides support and resources in this area. The Department adopts a holistic and integrated approach to supporting the work of schools in promoting positive mental health and to supporting those with a broad range of problems, behavioural emotional and social.

The process spans the curriculum in schools, whole-school ethos, quality of teaching, learning and assessment, student support and pastoral care and the provision of professional development for teachers. It also involves other supports such as educational psychological services and guidance and counselling services, and the interface with other agencies, both nationally and locally.

My Department has issued Well-Being in Post Primary Schools: Guidelines for Mental Health Promotion and Suicide Prevention  to all primary schools in 2013  and Well-Being in Primary Schools: Guidelines for Mental Health Promotion 2015 to all  schools.  These guidelines were developed in conjunction with the Department of Health and the Health Service Executive. The Guidelines have been circulated to schools and are available on my Department’s website.  

The Guidelines are informed by consultation with key Education and Health partners and by the findings of current research. They provide practical guidance to schools on how they can promote health and mental well-being in an integrated school-wide way and they also provide evidence-based advice on how to support young people who may be at risk.

These guidelines complement existing measures to promote positive mental health at primary level. They build on the significant work already taking place in schools, including through the Social, Personal and Health Education (SPHE) curriculum, the National Educational Psychological Service (NEPS) continuum of support model and the HSE, Health Promoting Schools Process.

The SPHE curriculum is mandatory up to junior cycle and contains a number of specific aims that are relevant to positive mental health and promotion of healthy lifestyles through exploration of substance use and misuse.  These include promoting all aspects of the child's health, fostering in the child a sense of care and respect for himself/herself, and enabling the young person to make informed decisions and choices about all aspects of life including health.

Schools are also encouraged to participate in the 'Health Promoting Schools' initiative, which is supported by the Department of Health. This European-wide programme aims to strengthen schools' capacity to be a healthy setting for learning and working by focusing at whole-school level on all the conditions that affect health and well-being. The results from the second Lifeskills survey which were published by my Department in January of this year indicate that approximately 40% of respondent primary schools are currently in the Health Promoting Schools initiative or are in the process of joining. My Department is working with the Department of Health to increase participation among primary schools.

School Staff

Questions (228, 242)

Joan Burton

Question:

228. Deputy Joan Burton asked the Minister for Education and Skills his plans to reform the model of leadership in schools; and if he will make a statement on the matter. [34763/16]

Joan Burton

Question:

242. Deputy Joan Burton asked the Minister for Education and Skills when the moratorium on filling certain promoted posts in schools will be lifted, since it was introduced as an emergency measure in 2009; and if he will make a statement on the matter. [34779/16]

Written answers

Minister for Education and Skills

I propose to take Questions Nos. 228 and 242 together.

It is widely accepted that the quality of school leadership is a key determinant of school effectiveness and the achievement of good learning outcomes. Indeed international research indicates that school leadership is second only to classroom teaching as an influence on pupil learning.

Budget 2016 provided 250 posts to second level schools to enable Deputy Principals to be more fully available to assist the school principal with the leadership of the school. At primary level Budget 2016 provided for additional release days for teaching principals to range between 15 and 25 days depending on the size of the school. 

Budget 2017 has provided for the equivalent of 170 additional posts to second level schools to employ an additional Deputy Principal to assist the school principal with the leadership of the school. With effect from September 2017, schools with pupil enrolment in excess of 700 will be allocated additional Deputy Principal posts.

Budget 2017 also provides for the commencement of the restoration of middle management posts in both the primary and post-primary sector.

The recently established Centre for School Leadership (CSL) is a collaboration between my Department and the representative professional bodies for school principals. It has been created to offer professional and practical support to schools leaders. This support structure for leadership teams in schools will attempt to ensure that school leaders have opportunities to access, share and create knowledge and experience within their leadership roles. The work of the Centre draws on best international practice and research in the professional development of school leaders. Priorities for the Centre include a new post graduate qualification for aspiring school leaders, a mentoring programme for newly appointed school principals, coaching support for serving principals, a review and alignment of leadership programmes with Department standards.

My Department recently published “Looking at Our School 2016", a quality framework for primary and post primary schools which is designed to support the efforts of teachers and school leaders, as well as the school system more generally, to strive for excellence in our schools. The current review of the post of responsibility structure in schools will also, in the context of restoration of posts, address the further development of a distributed leadership model in schools.

Pupil-Teacher Ratio

Questions (229, 247)

Joan Burton

Question:

229. Deputy Joan Burton asked the Minister for Education and Skills if he will provide primary and post-primary average class size figures for Ireland and other EU member states; his plans to tackle large class size concerns; and if he will make a statement on the matter. [34764/16]

Joan Burton

Question:

247. Deputy Joan Burton asked the Minister for Education and Skills if he will consider further improvements in the pupil-teacher ratio to help reduce the class size towards EU average in budget 2017; and if he will make a statement on the matter. [34784/16]

Written answers

Minister for Education and Skills (Deputy Richard Bruton)

I propose to take Questions Nos. 229 and 247 together.

Reducing class sizes has been a target of successive Governments. Budget 2016 provided for an improvement in the staffing schedule in primary schools by one point, from 1 teacher for every 28 pupils to 1 teacher for every 27 pupils for the 2016/17 school year. 

The Programme for Government has a commitment to reduce class sizes and it is my intention to make further improvements to class sizes over the life of the Government.

Average class size and the ratio of teachers to students (PTR) are two important measures of the resources that we make available to schools. While our average class size at primary level is higher than the EU average, it is only slightly above the EU average in relation to the pupil-teacher ratio.

The latest statistics in relation to EU average class sizes refer to the 2013/2014 academic year and details are attached.

My focus in Budget 2017 was on obtaining additional funding to provide for demographic growth, additional resource teachers, curriculum reform and school leadership for our schools.

Budget 2017 sets out the resources available for schools for the 2017/18 school year. This Budget represents the start of a major reinvestment in education, and the first phase of implementation of the Action Plan for Education, aimed at becoming the best education system in Europe within a decade. The budget provides for over 2,400 additional teaching posts for our primary and post primary schools next year. The 2017/18 school year will see a significant increase in teacher numbers (almost 4,700) in our schools compared to the 2015/16 school year.

Latest statistics in relation to EU average class sizes refer to the 2013/2014 academic year:

-	Primary Pupil Teacher Ratio (PTR)	Primary Average Class Size	Post Primary (Pupil Teacher Ratio) PTR	Post Primary Average Class Size
Ireland	16	24.8	14	Not available
EU 22 average	14	20	12

Commencement of Legislation

Questions (230, 232, 244)

Joan Burton

Question:

230. Deputy Joan Burton asked the Minister for Education and Skills if there are remaining sections of the Teaching Council Act to be commenced; the timescale for commencing such sections; and the number of fitness-to-teach complaints received and processed to date since he commenced these provisions in July 2016. [34765/16]

Joan Burton

Question:

232. Deputy Joan Burton asked the Minister for Education and Skills the way in which he will address concerns that the Teaching Council, in the absence of a statutory complaints procedure for use at school level, will be expected to address complaints that are better resolved at local level and thus have fewer resources to deal with very serious complaints that may arise. [34767/16]

Joan Burton

Question:

244. Deputy Joan Burton asked the Minister for Education and Skills his plans and the timescale in respect of complementing the fitness-to-teach provisions of the Teaching Council Act; and if he will make a statement on the matter. [34781/16]

Written answers

Minister for Education and Skills

I propose to take Questions Nos. 230, 232 and 244 together.

The Teaching Council is the body with statutory authority for the regulation of the teaching profession. One of its key functions is to maintain the register of teachers in the State.

The Fitness to Teach (Part 5) provisions of the Teaching Council Acts were commenced on 25 July last in accordance with the commitment given in the Programme for a Partnership Government. This means that any person including a member of the public, an employer or a teacher may make a complaint to the Teaching Council about a registered teacher.

A complaint may proceed to an inquiry and, if deemed necessary, sanctions ranging from advice, admonishment or censure to suspension or removal from the register may be imposed by the Council. The Deputy will appreciate that the fitness to teach process is independent of my Department and the Deputy should contact the Council directly if she is seeking information on the number of complaints received.

The Deputy should note that, under Section 55 of the Teaching Council Act, the Council is obliged to submit an annual report of its activities and proceedings under the Act to me as Minister. Fitness to Teach was commenced on 25 July during the current reporting year. I look forward to the next annual report which will be due after 28 March next.

The provisions of the Education Act, 1998 (Sections 24 and 28) are relevant to the new investigatory powers of the Teaching Council under Part 5. Section 24 as amended provides for inter alia the appointment, suspension and dismissal of teachers by boards of management in accordance with procedures agreed from time to time between the Minister, the patron, recognised school management organisations and any recognised trade union and staff association representing teachers or other staff as appropriate. The agreed procedures provide for two separate and independent strands which should be utilised in appropriate circumstances:

- Procedures relating to professional competence issues

- Procedures relating to work, conduct and matters other than professional competence

The procedures are set out for schools in Circulars 60/2009 and 0071/2014 which are available on my Department's website.

Schools, as teachers' employers, will, therefore, continue to manage issues of teacher conduct or poor professional performance under Section 24 of the Education Act. Parental complaints in relation to teacher conduct or poor professional performance will, in general, also continue to be investigated in the first instance by a school under the Section 24 procedures.

Under the Teaching Council Act, the Teaching Council is obliged to pause its investigation of a complaint where a Section 24 process is in hand, except where there are good and sufficient reasons to do otherwise. I am advised by the Teaching Council that its Investigating Committee will take any Section 24 procedures into consideration as appropriate.

As the Deputy will be aware, the Programme for a Partnership Government provides, in addition, that the Government will introduce a charter for parents.

In that regard, my Department has been working on draft legislation to provide for the replacement of the current Section 28 of the Education Act, 1998. The legislation will provide the statutory basis for ministerial guidelines which will form the framework for a Parents’ and Students’ Charter in every school, following consultation with parents, students, recognised school management bodies and staff associations representing teachers and other appropriate bodies. Revised local complaint and grievance procedures will be a key part of the Charter.

I plan to make an announcement shortly on the draft legislation.

With the Teaching Council (Amendment) Act 2015 having been commenced in full, the only remaining section of the principal act to be commenced is Section 39. I am advised by the Teaching Council that Cosán, the national framework for teacher’s learning (CPD) is now entering a development phase which is due to conclude in 2020. This will then pave the way for the commencement of this section of the Act.

Proposed Legislation

Questions (231)

Joan Burton

Question:

231. Deputy Joan Burton asked the Minister for Education and Skills when he proposes to publish a draft of the education (parent and student charter) Bill; the details of the proposed pre-legislative scrutiny process; and the timetable in this regard. [34766/16]

Written answers

Minister for Education and Skills

As the Deputy will be aware the Programme for a Partnership Government provides that the Government will introduce a stronger complaints procedure and charter for parents.

My Department has been working on draft legislation to provide for replacing the current Section 28 of the Education Act, 1998. The legislation will provide the statutory basis for ministerial guidelines which will form the framework for a Parents’ and Students’ Charter in every school following consultation with parents, students, recognised school management bodies and staff associations representing teachers and other appropriate bodies.

I plan to make an announcement shortly on the draft legislation.

Pre-legislative scrutiny is ultimately a matter for the Oireachtas Committee on Education and Skills. 

Question No. 232 answered with Question No. 230.

Teachers' Remuneration

Questions (233)

Joan Burton

Question:

233. Deputy Joan Burton asked the Minister for Education and Skills his views on whether there is a clear pay disparity between teachers recruited before 1 January 2011 and those recruited thereafter; his views on whether it is unacceptable to maintain such pay disparities; his plans to address pay equality issues beyond the steps already agreed in regard to restoration of a qualification allowance payment; the cost of restoring teachers recruited since 1 January 2011 to the previous pay scale; the elements which make up this cost; and the number of teachers affected. [34769/16]

Written answers

Minister for Education and Skills

As a consequence of the financial crisis, there was a need to enact a number of measures to reduce public expenditure so as to stabilise the country's public finances. These included pay reductions and also reductions to the pay of new entrant public servants, including teachers, since 2011. Collective agreements reached between the Government and the public service unions provided vital industrial peace during this very difficult period for the State.

The Haddington Road/Lansdowne Road Agreement has allowed a programme of restoration to start. I have used this to negotiate substantial improvements in pay for new teachers. The agreement reached with TUI and INTO will see pay rises of between 15-22% (between €4600 and €6700) for new entrant teachers.

In education, there is a well-established increment system. Teachers are not paid equally. For example, the pay scale for teachers appointed prior to 2011 ranges from €32,009 to €60,155 depending on the date that the individual began teaching.

Part of the negotiation to date has secured a convergence of the scales of recruits at different periods. Any further negotiation on new entrant pay cannot focus on just one sector.

A broader assessment of pay and new entrant pay will be informed by the analysis of the Public Service Pay Commission.

School Admissions

Questions (234)

Joan Burton

Question:

234. Deputy Joan Burton asked the Minister for Education and Skills if he has reviewed the recently published Equal Status (Admission to Schools) Bill of the Labour Party; his views on the aims and objectives of the Bill; and if he will make a statement on the matter. [34770/16]

Written answers

Minister for Education and Skills

I have included a specific action in the Action Plan for Education that expresses my commitment to working with the Committee to deliver change in this area.

As the Deputy is aware, the Government proposed and the Dáil agreed that the Equal Status (Admission to Schools) Bill would proceed to second stage in June 2017. This will allow parents, patrons and other stakeholders to have their say and to ensure that the right balance can be struck between competing rights and that there would be no unintended consequence that would create an adverse impact on the schools of minority denominations.

I believe that this Bill requires the time and space to allow for adequate scrutiny and debate in order to ensure that any new approach is reasonable, fair and workable.

The work of the Education and Skills Committee will be invaluable in that regard and I look forward to working with the Committee on this important work.

Teachers' Remuneration

Questions (235)

Joan Burton

Question:

235. Deputy Joan Burton asked the Minister for Education and Skills if he is planning to issue a directive on implementing pay deductions for members of teachers' unions that rejected working additional hours under the Croke Park agreement; and if he will make a statement on the matter. [34771/16]

Written answers

Minister for Education and Skills

ASTI's withdrawal from the Croke Park hours means that the union has repudiated the Lansdowne Road Agreement.

Circular Letter 0045/2016 sets out the implications for ASTI members in opting to withdraw from the LRA.  As detailed in the circular, ASTI members have opted to forego a series of benefits and protections including:

- Avoiding an increment freeze

- Inclusion of the S&S allowance of €1,592 into the pay scale

- Continued alleviation of the FEMPI Act pay reductions

- Application of the recent agreement with TUI and INTO on new entrant pay

- The Ward Report measures and a revised sequence for filling posts which enable fixed-term and part-time teachers to gain permanent, full-time jobs more easily and quickly than before

- An increase in the quantum of the Croke Park hours that can be worked on other than a whole-school basis

- A review of the usage of the Croke Park hours

- Protection against compulsory redundancy

In addition to the above, as ASTI members are not covered by the LRA, they do not benefit from the recent agreement which my Department reached with INTO and TUI under the LRA, which substantially addresses the current difference in pay between those recruited since 2011 and those recruited since 2012.