I propose to take Questions Nos. 1049 and 1050 together.
The Board of Management of each school is responsible for the care and safety of all of the pupils in their school. Schools should supervise and support children who are distressed or out of control until they have recovered and are able to re-engage in the classroom. In some circumstances this may mean the temporary removal of a child from the environment where the problems have arisen.
Schools owe a duty of care to all their students and any action taken in relation to managing behaviour must be proportionate.
Tusla's Educational Welfare Service, has published guidelines for schools on Codes of Behaviour which all schools are required by law to have in place. The guidelines advise that specialised behaviour management strategies, such as the use of restraint, should not be used without expert advice, training and monitoring. In particular, the guidelines point to certain sanctions which are regarded as inappropriate, including leaving a student in an unsupervised situation while in the care of the school. All parents must be made aware of behaviour management strategies employed by the school.
Schools may seek advice from their local National Educational Psychological Services psychologist, from the NCSE’s Support Service which includes Special Educational Needs Organisers, the National Behavioural Support Service and the Special Education Support Service, as to how children with behavioural needs can best be supported in school.
A range of guidance is available for schools in relation to the management of student behaviour. The Department published Guidelines for Supporting Pupils with Behavioural, Emotional, and Social Difficulties, which is available on the Department’s website, www.education.ie. The National Educational Psychological Services document Behavioural, Emotional and Social Difficulties – A Continuum of Support also provides advice for teachers, including some advice on the use of “time out” procedures in the classroom.
Training is available for schools in relation to the provision of support for children with special educational needs from the NCSE’s Regional Service. The Special Education Support Service can, as part of their designated training modules, provide guidance for schools in relation to the management of difficult behaviour.
Further to the receipt of policy advice from the NCSE, the Department of Education established an Expert Working Group to develop guidelines for schools on the prevention and management of challenging behaviours (including the use of physical interventions) where such behaviour is considered as likely to present serious risk of physical harm to the student concerned and/or others within the school environment.
Development of the Guidelines has been informed by evidence showing that whole school positive behavioural approaches and early and ongoing engagement with the school community, including parents/guardians, are necessary for the development of effective school policy and practice.
Following consideration of the views and contributions received as part of the consultation process, a final draft of the guidelines has been prepared and is being considered by the Department. They place a strong focus on prevention and early intervention strategies for the management of crisis student behaviour in which physical intervention may be employed only as the last part of a comprehensive, positive and planned behavioural approach by the school. They are underpinned by the principles that such intervention is never used for the purposes of discipline; that it should be applied proportionately and should last only as long as is necessary to de-escalate the situation. The guidelines underline the importance of continued supervision of children during a crisis period including matters related to behaviour and the need for such incidents to be recorded.
The guidelines when issued will apply to all schools. In this regard, consideration is being given to the implementation of guidelines by schools including the kind of supports and training that may be required.
The Department will also publish Guidelines on the use of Reduced Timetables in Schools is to ensure that the use of reduced timetables are limited to only those circumstances where it is absolutely necessary and, that where such usage occurs, schools follow best practice with the best interests of the student to the fore. The Guidelines will outline a number of key requirements for the use of reduced timetables.
The Department is working with Tusla Education Support Service with the intention to issue the Guidelines on the use of Reduced Timetables in Schools to schools early in the next school year. The purpose of the Guidelines is to ensure that the use of reduced timetables are limited to only those circumstances where it is absolutely necessary and, that where such usage occurs, schools follow best practice with the best interests of the student to the fore. The Guidelines will outline a number of key requirements for the use of reduced timetables.
It is intended that the operation of the guidelines will be reviewed after an initial period and the data gathered will inform future policy in this area.
Under Section 23 of the Education (Welfare) Act 2000 the board of management of every recognised school is legally obliged to prepare a code of behaviour in respect of the students registered in their school. This code of behaviour is prepared in consultation with the principal, teaching staff, the parents of students registered in the school and the Educational Welfare Officer (EWO). Furthermore the code of behaviour is prepared in accordance with such guidelines issued by Tusla Education Support Services.
In instances where the board of management of a recognised school is of the opinion that a student should be expelled from their school, the board must, before expelling the student, notify the EWO in writing and outline the reasons for the proposed expulsion. Section 24 (3) of the Education (Welfare) Act 2000 provides that the EWO shall, after receiving such notification, make all reasonable efforts to consult with the principal or person nominated by the principal, the student and his or her parents and convene a meeting attended by such of those persons as agree to attend such a meeting.
The Education (Welfare) Act 2000 section 24 (4) provides that a student shall not be expelled from a school before the passing of 20 school days following the receipt of a notification under section 24 of this act, by an Educational Welfare Officer (EWO). Where a board of management make a decision to permanent exclude a student, a parent/guardian can appeal that decision under section 29 of the Education Act, 1998, and an independent appeals committee will be appointed to consider the appeal.
At present, schools are not required to report on the incidence of incidents of seclusion and restraint.
