Dáil Éireann Debate, Wednesday - 10 March 2021
545. Deputy Pádraig O'Sullivan asked the Minister for Education the process for the implementation of section 37A of the Education Act 1998 as inserted by section 8 of the Education (Admission to Schools) Act 2018; the factors that are taken into account in the decision-making process; and if she will make a statement on the matter. [13373/21]
View answerEnabling children with special educational needs to receive an education appropriate to their needs is a priority for this Government. The State will spend approximately €2 Billion or over 20% of its total educational budget in 2021 on making additional provision for children with special educational needs this year.
The National Council for Special Education (NCSE) has responsibility for coordinating and advising on the education provision for children nationwide. It has well established structures in place for engaging with schools and parents. NCSE seeks to ensure that schools in an area can, between them, cater for all children who have been identified as needing special education placements.
NCSE is planning a further expansion of special class and special school places nationally, to meet identified need. This process is ongoing. Through better planning at both national and local level, it is my objective that specialist education places should come on stream to meet emerging demand on a timely basis. However, the active collaboration of school communities is essential in this regard.
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.
Notwithstanding the extent of this investment, there are some parts of the country where increases in population and other issues have led to concerns regarding a shortage of school places.
As Minister, I have powers under Section 37A of the Education Act to direct a school to provide additional places but this power is only used as a last resort and where all reasonable efforts have failed.
This legal power to compel schools to open new special classes is only used where the following criteria apply:
- there is established need for additional places in an area;
- it is considered that the schools involved in the Section 37 process have capacity to open the additional classes; and
- all reasonable efforts have been made to support these schools in making the required provision.
The legislation has been used twice to date. Firstly, in respect of the Dublin 15 area in 2019. Significant progress has been made in that area on foot of action taken under Section 37. A new special school was established and six schools agreed to open special classes thereby meeting the need for additional places in the area.
The legislation has been used for a second time in the South Dublin area in 2020. This legal process is still underway and it would not be appropriate for me to comment further at this stage.
However, I would like to reassure the Deputy that progress is being made and my Department will continue to support the NCSE and schools through the provision of the necessary funding and capital investment to ensure all children are successful in accessing an education.
I can also reassure the Deputy that the local SENOs continue to be available to assist and advise parents of children with special educational needs.
