Dáil Éireann Debate, Thursday - 14 February 2019
93. Deputy Martin Heydon asked the Minister for Education and Skills the steps he is taking to ensure that two children (details supplied) in County Kildare will receive access to the education provision to which they are entitled; the schooling options available to them; and if he will make a statement on the matter. [7468/19]
View answerMy Department's policy is that all children with Special Educational Needs (SEN), can have access to an education appropriate to their needs, preferably in school settings through the primary and post primary school network.
The greater proportion of children with SEN attend mainstream class, where they may access additional supports if required.
Special class placements are provided in mainstream schools for students with special educational needs and more complex needs, where it has been demonstrated that he/she is unable to learn effectively in a mainstream class for most or all of the school day even with appropriate supports.
Special school placements are provided for other students with very complex special educational needs who wouldn’t manage in a mainstream school even for part of the week. Enrolment of a child in a special school is based on a professional recommendation for a special school placement in consultation with the NCSE.
The National Council for Special Education (NCSE) through its network of local Special Educational Needs Organisers (SENOs), in consultation with the relevant education partners, is responsible for the establishment of special classes and special school in various geographical areas where there is an identified need.
The NCSE works in collaboration with the Educational Welfare Services (EWS) of the Child and Family Agency which is the statutory agency that can assist parents who are experiencing difficulty in securing a school place for their child or can offer assistance where a child is out of school.
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 parent’s choice are respected.
The Educational Welfare Service (EWS) of the Child and Family Agency (Tusla) is the statutory body which can assist parents who are experiencing difficulty in securing a school placement for their child. My Department has been in contact with the EWS in relation to the two children referred to by the Deputy and the EWS have advised that they will follow up on this case at local level.
Under Section 29 of the Education Act, 1998 where a school board of management make a decision to refuse enrolment, a parent/guardian can appeal that decision within 42 days to the Secretary General of my Department. My Department has received Section 29 appeal applications in respect of the two children referred to by the Deputy, but as the appeal applications were made more than 42 days after the decision to refuse enrolment, my Department did not admit the appeal applications.
My Department wrote to the parent on 1st February 2019 to advise that the Section 29 appeal applications were not being admitted. It is open to the parent to seek a review on that decision, in the event that exceptional circumstances prevented them making the appeal within the 42 days.
