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Special Educational Needs

Dáil Éireann Debate, Tuesday - 9 June 2020

Tuesday, 9 June 2020

Questions (158)

Niall Collins

Question:

158. Deputy Niall Collins asked the Minister for Education and Skills if he will address matters raised in correspondence (details supplied); and if he will make a statement on the matter. [10112/20]

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Written answers

Ensuring that every child has a suitable school placement is a key objective of my Department. Significant resources are allocated each year to ensure that appropriate supports are available for children with special educational needs.

Since 2011, the number of special classes in mainstream schools has increased almost threefold, from 548 to 1,618 for the 2019/2020 school year. The National Council for Special Education (NCSE) has responsibility for coordinating and advising on the education provision for children nationwide; has well established structures in place for engaging with schools and parents; and seeks to ensure that schools in an area can, between them, cater for all children who have been identified as needing special class placements.

167 new special classes were established nationally for 2019/20 school year.

The NCSE is planning a further expansion of special class and school places nationally to meet identified need for next year. This process is ongoing,

It is open to any school to make an application to the NCSE for the establishment of a specialised provision and where sanctioned, a range of supports, including capital funding, is made available to the school. The Department of Education and Skills works closely with the NCSE in this regard.

Normally, special class and school places are established with the full cooperation of the schools in areas where they are required. However there are some parts of the country where the NCSE has faced challenges in getting schools and their patrons to voluntarily agree to provide special class or school places. I know that this can cause much anguish for parents and families involved.

As Minister for Education and Skills, I have power under Section 37A of the Education Act 1998 to direct a school to provide additional provision where all reasonable efforts have failed. This legislation has been used to good effect in the recent past.

The enrolment of a child to a school is a matter in the first instance for the parents/ guardians of the child and the Board of Management of a school. My Department has no role in relation to processing applications for enrolment to schools.

The NCSE team of locally based Special Education Needs Organisers (SENOs) are available to assist parents/guardians to identify appropriate educational placements for children with special educational needs and to discuss their child's special educational needs. Parents may contact SENOs directly using the contact details available at: https://ncse.ie/regional-services-contact-list

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. The local service is delivered through the national network of Educational Welfare Officers (EWO). Contact details are available at http://www.tusla.ie/get-in-touch/education-and-welfare/.

It is the responsibility of the managerial authorities of all schools to implement an enrolment policy in accordance with the Education Act, 1998. The selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants. Under section 15 (2) (d) of the Education Act 1998, each school is legally obliged to publish its enrolment policy.

It should be noted that where a parent/guardian seeks to enrol a child in a school and that school refuses to enrol the child, the school is obliged to inform the parents/guardians of their right under Section 29 of the Education Act 1998 to appeal that decision to the Secretary General of my Department. Only where an appeal under Section 29 is upheld, may the Secretary General of my Department direct a school to enrol a pupil.

I would encourage the family of the child in question to engage with their local SENO on the matter of a placement for their child in September 2021.

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