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Special Educational Needs Staff Contracts

Dáil Éireann Debate, Tuesday - 18 December 2018

Tuesday, 18 December 2018

Questions (247)

Kathleen Funchion

Question:

247. Deputy Kathleen Funchion asked the Minister for Education and Skills the terms and conditions of SNAs in primary and secondary education; the working hours set in a year for both cohorts; the way in which requirements for secondary education level SNAs to work summer months operate; if his attention has been drawn to the discrepancy a school may have towards the working hours of an SNA particularly in secondary level education; if his attention has been further drawn to the fact that SNAs in secondary schools work approximately 100 hours per year more than SNAs in primary schools; and if he will make a statement on the matter. [53358/18]

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Written answers

The position on working hours for SNAs is that there are no nationally set working hours for full-time SNAs. In this regard, the contractual position in respect of the working hours of SNAs is as outlined in their contracts of employment which were agreed with the school management authorities and the relevant Trade Unions representing SNAs (FÓRSA and SIPTU) prior to their introduction in 2005. The working week for SNAs is defined in paragraph 2.5 of their contract as follows: "You will be required to work normal classroom hours including class break periods and in addition to attend before and after school in order to help with the preparation and tidying up of classrooms, reception and dispersal of children etc. The hours of work will normally be from [xxxx] to [xxxx] daily during term time."

This standard contract has been designed to be flexible to cater for the different spectrum of working hours across all the various schools including primary, post-primary and special schools. No set hours were agreed but instead, full-time SNAs are expected to work for the normal school hours in the school that they are working in, and in addition to be available for a period of time before and after school in order to help with reception and dispersal of children and preparation and tidying up of classrooms etc. These times are set locally by the school management and will vary from school to school depending on the requirements of the school.

In addition, all SNAs were required to be available for a number of days at the start and finish of each school term not exceeding 12 in total. Under the Croke Park Agreement it was agreed to introduce greater flexibility to the use of these 12 days. These 12 days now equate to 72 hours (pro-rata for part-time SNAs) to be used by schools as an additional bank of hours to be utilised and delivered outside of normal school opening hours and/or the normal school year.

Furthermore, the contract for Special Needs Assistants in the post primary sector (link below) specifically requires that SNAs are required to work the month of June on examinations and other work appropriate to the grade including training. This was agreed with the Unions representing SNAs (FÓRSA and SIPTU) when the contract was devised in 2005. This condition of service places a clear onus and obligation on the SNA to attend at their place of work and be available for work during the month of June.

It is a matter for school management as their employer to determine the precise work that is to be completed by SNAs during the month of June. The utilisation of this period is not specifically for examinations or training purposes only, although these are two of the purposes for which the period of work can be utilised.

Link to the SNA Contract of Employment for the Post Primary sector: Department of Education and Skills Circular SNA 12/05 (Post-Primary) http://www.education.ie/en/Circulars-and-Forms/Active-Circulars/sna12_05.pdf

This contract of employment is augmented by all of the relevant Departmental Circulars governing Special Needs Assistants which detail the standardised terms and conditions of employment for SNAs. These Circulars are amended and new Circulars are issued by the Minister for Education and Skills from time to time.

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