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Educational Supports

Dáil Éireann Debate, Tuesday - 10 October 2017

Tuesday, 10 October 2017

Questions (139, 144)

Robert Troy

Question:

139. Deputy Robert Troy asked the Minister for Education and Skills if he will liaise with Tusla to rectify a situation whereby a child with behavioural issues must be expelled from school in order to access more suitable services. [42899/17]

View answer

Robert Troy

Question:

144. Deputy Robert Troy asked the Minister for Education and Skills the measures in place to support principals dealing with pupils who are misbehaving in the extreme, in some cases putting themselves or other students in danger through their behaviour. [42904/17]

View answer

Written answers

I propose to take Questions Nos. 139 and 144 together.

My Department's policy is that the well-being and safety of children should be at the centre of all policy and practices in all schools. Responsibility for the management of behaviour in schools is a matter for individual schools.

The Board of Management of each school is responsible for the care and safety of all of the pupils in their school and is required to prepare a code of behaviour in accordance with Section 23 of the Education (Welfare) Act 2000.

This code of behaviour shall specify the procedure to be followed before a student may be suspended or expelled from the school. This code of behaviour should be available to all parents of students registered in the school.

Any proposal to exclude a student, through permanent exclusion, or suspension, is a serious measure and warranted only by very serious misbehaviour by any student. The Educational Welfare Officer, EWO, must be notified in writing of the Board of Management's intention to expel any student and must also provide their reasons for such action.  In accordance with the Education (Welfare) Act, 2000, no student shall be expelled from a school before the passing of 20 school days following the receipt of a written notification by an EWO.  The EWO shall make reasonable efforts to meet with the principal, the student and his or her parents during this 20-day period.

Following from any permanent exclusion, it is open to a parent/guardian, or in the case of a student who has reached the age of 18 years, the student, to take an appeal under section 29 of the Education Act, 1998.  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 an Education and Training Board, ETB, school, to the ETB 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 student, except in the case of an appeal under section 29 of the Education Act, 1998 being upheld.

Application forms for taking a section 29 appeal are available on my Department's website at the following link:http://www.education.ie/en/Parents/Services/Appeal-against-Permanent-Exclusion-Suspension-or-Refusal-to-Enrol/Section-29-Appeals-Application-Form.doc, or by contacting Section 29 Administration Unit, Friars Mill Road, Mullingar, County Westmeath, phone 0761 108588.

The policy of my Department is to ensure that all children with special educational needs can be provided with an education appropriate to their needs.

Where possible, provision is made for the inclusive education of children with special educational needs. My Department's policy is that students with special educational needs should be included where possible and appropriate in mainstream placements with additional supports provided.

In circumstances where children with special educational need require more specialised interventions, special school or special class places are provided for.

Funding for special education provision in 2017 will amount to some €1.68 billion, which is equivalent to approximately 19% of the gross overall current allocation for education and training and represents an increase in spending in this area of 12% over the last two years.

This year, 13,990 Special Needs Assistants, SNAs, are available for allocation to primary and post primary schools to the end of December, which is an increase of 32% in the number of posts available since 2011.

SNA Circular 0030/2014 details the circumstances in which SNA support will be provided for behaviour-related care needs. SNA support will only be provided for behaviour-related care needs where there is a clear diagnosis of Emotional Behavioural Disturbance, Severe Emotional Behavioural Disturbance, or a behavioural disorder in conjunction with another disability, and also where it is clear that behavioural management strategies have not been successful to date, and where it is demonstrated how access to SNA support can assist the student.

There are currently over 13,000 special educational needs teacher posts in mainstream primary and post-primary schools, which include an additional 900 teaching posts provided to support the introduction of the new model for allocating Special Education Teaching Resources to mainstream primary and post-primary schools from September 2017.  

In addition, 169 new Special Classes have been opened for the 2016-17 school year, which means there are now over 1,300 special classes in place, compared to 548 special classes in 2011. Some 1,042 special classes cater for students diagnosed with ASD (including 103 Early Intervention ASD special classes) and 11 cater specifically for students diagnosed with severe emotional behavioural disorders.

Some 125 special schools also provide specialist education for those students with complex special educational needs, including students diagnosed with severe behavioural disorders.

Schools may seek advice from their local National Educational Psychological Service, NEPS, psychologist, from the NCSE’s Support Service through the Special Educational Needs Organiser, SENO, or the National Behavioural Support Service, as to how children with behavioural needs can best be supported in school.

The Special Education Support Service, SESS, now also part of NCSE’s Support Service, provides continuing professional development, CPD, for teachers working with students with special educational needs, including training for teachers in the area of challenging behaviour and autism.

Many schools withdraw students occasionally from the main classroom for short periods of time in order to provide support to them, or to manage student behaviour, if a student is exhibiting behaviours which may be a danger to themselves or others.

In some circumstances, a student who is exhibiting extreme behaviours may be brought to another room to ensure the safety of other students and until they are calm again. Schools should supervise and support students who leave the classroom until they have recovered and are able to re-engage in the classroom.

Where used, it will normally form part of a school’s response to behaviour and part of student support structures, procedures and practices.

The withdrawal of a student from the classroom in order to deal individually with the student does not require the authorisation of my Department. It is a matter for the school authorities, the student and the parents or guardians of the student concerned.

Some schools also have multi-sensory rooms that provide a variety of sensory stimuli and which are designed to provide sensory stimulation for students with special educational needs, in spaces which are designed to encourage positive actions and responses for students with sensory impairment. They can also be used for students to use interactive equipment towards specific educational aims.

Published guidelines which are available to schools include:

- Supporting Students with Behavioural, Emotional, and Social difficulties, which is available on the Department's website: www.education.ie;

- the National Educational Welfare Board, NEWB, guidelines for schools on Developing a Code of Behaviour and the National Educational Psychological Services' document: Behavioural, Emotional and Social Difficulties - a Continuum of Support: Guidelines for Teachers.

The NCSE has published updated policy advice, Educational Provision for Children with Autism Spectrum Disorders. In developing this policy advice, the NCSE consulted widely with parents, professionals and other stakeholders and interested parties while also conducting research.

The report includes 11 key recommendations, which focus on improvements which might be considered to the range of provisions which are currently available for children with autism in schools. The report includes recommendations in relation to Crisis Situations. The report is available on the NCSE website: www.ncse.ie.

My Department has convened an Implementation Group with representatives of the NCSE, NEPS, the Inspectorate and external representatives to ensure that the report’s recommendations are fully and appropriately considered and that a timetable for implementation is prepared. The work of the Implementation Group is ongoing.

The NCSE are currently undertaking a Comprehensive Assessment of the SNA Scheme, which will examine the circumstances in which SNA support will be provided for behaviour-related care needs.

In response to a progress report from the NCSE on the comprehensive assessment, I requested the NCSE to establish a working group, comprising relevant stakeholders, to assist in proposing a better model for providing care supports so as to provide better outcomes for students with special educational needs who have additional care needs. This Working Group has commenced its work and it will run in tandem with the completion of the overall Comprehensive Review of the SNA Scheme. It is intended that the reports of the Working Group and of the Review will be completed in Spring 2018.

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