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Thursday, 9 Sep 2021

Written Answers Nos. 561-580

Special Educational Needs

Questions (561)

Brendan Griffin

Question:

561. Deputy Brendan Griffin asked the Minister for Education if a full-time special needs assistant for a primary school pupil (details supplied) in County Kerry will be reinstated; and if she will make a statement on the matter. [42323/21]

View answer

Written answers

The NCSE has responsibility for planning and coordinating school supports for children with special educational needs including the allocation of SNAs and reviews.

The Special Needs Assistant (SNA) scheme is designed to provide schools with additional adult support staff who can assist children with special educational needs who also have additional and significant care needs.  SNA support is provided to facilitate the attendance of those pupils at school and also to minimise disruption to class or teaching time for the pupils concerned, or for their peers, and with a view to developing their independent living skills.

The nature and extent of a pupil’s needs change and evolve over time and so too must the level of support provided to meet those needs. 

SNAs are not allocated to individual children but to schools as a school based resource. The deployment of SNAs within schools is a matter for the individual Principal/Board of Management of the school.  SNAs should be deployed by the school in a manner which best meets the care support requirements of the children enrolled in the school for whom SNA support has been allocated. 

It is a matter for schools to allocate support as required, and on the basis of individual need, which allows schools flexibility in how the SNA support is utilised. 

In light of the disruption caused by the Covid-19 pandemic, the introduction of the new Frontloaded Allocation Model for SNAs for students in mainstream classes in primary and post -primary schools is to be deferred for a further year to the beginning of the 2022/23 school year. 

In order to minimise disruption for schools, in the current circumstances, and to provide for continuity of allocations the following arrangements for the allocation of Special Needs Assistants for mainstream classes for the 2021/22 school year: 

- Existing mainstream class SNA allocations in schools on 30 April 2021 will be maintained and will automatically rollover into the 2021/22 school year.

- No school will therefore receive an allocation less than that which they had on 30 April 2021.

- SNAs currently in mainstream settings can continue in post for the next school year in the normal way.

- Priority consideration will now be given by the NCSE to applications for increased support for the 2021/22 school year, in particular, applications from schools with no SNAs and developing schools will be prioritised. Determinations will be made before 30 June. Other applications will be processed in order of date received.

- As in previous years, where circumstances change during the course of the 2021/22 school year that materially increase the level of care need in a school to the extent that the school can clearly demonstrate that it cannot be met within the existing SNA allocation, the school may apply to the NCSE for a review. Detailed information on the NCSE exceptional review process is published on the NCSE website https://ncse.ie/for-schools

The NCSE have published the SNA allocations on their website www.ncse.ie. 

SNA allocations for special classes and special schools are not affected by this arrangement.

Circular 0029/2021 has been published and advises schools of the arrangements for the allocation of SNAs for the 2021/22 school year.

Provisions set out in Circular 0030/2020 has been extended for the 2021/22 school year.

Circulars 29/2021 and 30/2020  are available on the Departments website.

My Department does not have a role in making individual school determinations. Accordingly your correspondence has been forwarded to the NCSE for direct reply.

Schools Building Projects

Questions (562, 563)

Mary Lou McDonald

Question:

562. Deputy Mary Lou McDonald asked the Minister for Education if she will intervene and seek an urgent resolution to the matters halting the progression of a school building project (details supplied) in County Dublin. [42334/21]

View answer

Mary Lou McDonald

Question:

563. Deputy Mary Lou McDonald asked the Minister for Education if potential funding streams have been explored by her Department to address the matters that have arisen in the course of progressing a school building project (details supplied) in County Dublin. [42335/21]

View answer

Written answers

I propose to take Questions Nos. 562 and 563 together.

The major building project for the school referred to by the Deputy is currently at an advanced stage of architectural planning, Stage 2(b) – Detailed Design, which includes the applications for Planning Permission, Fire Cert and Disability Access Cert and the preparation of tender documents.

Planning permission was secured for this project in May 2020 on the basis of a proposed amended Right of Way in favour of the neighbouring property owners referred to by the Deputy.

Discussions have been ongoing with the neighbouring property owner for a considerable time with a view to finalising an agreement in respect of the proposed amended Right of Way and matters arising from the abuttal of the two buildings.

One matter remains outstanding which relates to the relocation of an air vent on the side of the neighbouring property. A feasibility report has been carried out by the Department’s Design Team, presenting two options to address the issue. However, these options have been rejected by the neighbouring property owner. Their proposal is that a new boiler should be installed on its property and that the Department of Education should pay the full cost of this.

The Deputy will appreciate that while my Department is willing to make reasonable accommodations in respect of the vent, my Department does not accept that it should carry the full cost of a new boiler house for the neighbour.

The Design Team is currently working on the completion of the Stage 2(b) report, for the school building project, which upon completion will be submitted to the Department for review.

My Department issued correspondence to the neighbour via their solicitor outlining that the proposal for a new boiler house is not acceptable as it goes much further than dealing with the issue of the air vent and requesting that they revert to the Department by 10th September with proposals in respect of vent issue only, which the Department will ask its Design Team to review and if necessary convene a meeting. In tandem my Department asked the School’s design team to also explore any other options in respect of the vent. The neighbour has recently reverted in correspondence via their solicitor seeking a meeting between both parties Design Teams to endeavour to find a workable solution. My Department is liaising with the School's Design Team to arrange this meeting in the near future.

The school building project has been delayed by both the right of way and the resolution of the vent issues. My Department has been in continuous engagement with the neighbouring property with a view to progressing the school building project. As the Deputy will appreciate the school building project will provide a new 16 Classroom School and my Department is committed to progressing this project as quickly as possible.

Question No. 563 answered with Question No. 562.

School Transport

Questions (564)

Peadar Tóibín

Question:

564. Deputy Peadar Tóibín asked the Minister for Education the estimated number of students who will not receive bus tickets due to no payment or medical card received before the deadline date, late application made after the deadline date or because the application numbers exceeded the number of seats available on the bus in the coming months; and the breakdown on these estimated figures by county. [42352/21]

View answer

Written answers

The School Transport Scheme is a significant operation managed by Bus Éireann on behalf of the Department. In the 2020/2021 school year over 114,100 children, including over 14,700 children with special educational needs, were transported on a daily basis to primary and post-primary schools throughout the country at a cost of over €224.7m in 2020. 

All children who are eligible for school transport and who have completed the application and payment process on time for the 2021/22 school will be accommodated on school transport services where such services are in operation.  In addition all post primary pupils who are otherwise eligible for school transport but are attending their second nearest school and have applied and paid on time will be accommodated on school transport services where such services are in operation. This arrangement will be in place for the coming school year pending completion of the full review of the School Transport Scheme.  

Children who are not eligible for school transport may apply for transport on a concessionary basis only and are offered seats where capacity exists after all eligible children have been catered for.

The number of school transport tickets issued to date is 102,420, comprising 54,018 eligible post-primary and 14,143 concessionary post-primary tickets, and 20,269 eligible primary and 13,990 concessionary primary tickets.

The number of tickets issued at the same time last year was 96,963, therefore this is an overall increase of 5% in tickets issued this year to date.  As Bus Éireann is continuing to allocate places on a daily basis where capacity is available, Bus Éireann is not in position to provide details at this point on final numbers who will not receive seats for the new school year. 

Families who paid after the deadline are being advised their applications/payment is late and therefore they will not be guaranteed a seat for the new school year. As priority is being given to finalising outstanding applications received by the deadline date, any remaining seats will then be allocated to late applicants, within current capacity guidelines. Details can be provided by county as soon as all applications have been assessed.

School Transport

Questions (565)

Duncan Smith

Question:

565. Deputy Duncan Smith asked the Minister for Education if she will ensure that the provision of school transport prior to the school reopening given that persons (details supplied) were only informed on 25 August 2021 that provision for their children will be delayed; and if she will make a statement on the matter. [42356/21]

View answer

Written answers

School Transport is a significant operation managed by Bus Éireann on behalf of the Department. In the 2020/2021 school year over 114,100 children, including over 14,700 children with special educational needs, were transported on a daily basis to primary and post-primary schools throughout the country at a cost of over €224.7m in 2020. 

The purpose of the School Transport Scheme for Children with Special Educational Needs is, having regard to available resources, to support the transport to and from school of children with special educational needs arising from a diagnosed disability.

Children are eligible for transport where they have special educational needs arising from a diagnosed disability and are attending the nearest recognised mainstream school, special class/special school or a unit that is or can be resourced, to meet their special educational needs.  Eligibility is determined following consultation with the National Council for Special Education through its network of Special Education Needs Organisers . 

I am pleased to advise the Deputy that Bus Éireann has confirmed that that pupils referred to have been accommodated on a school transport service.

Question No. 566 answered with Question No. 550.

Departmental Correspondence

Questions (567)

Michael McNamara

Question:

567. Deputy Michael McNamara asked the Minister for Education when a person (details supplied) will be facilitated; and if she will make a statement on the matter. [42384/21]

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Written answers

School Transport is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the 2020/2021 school year over 114,100 children, including over 14,700 children with special educational needs, were transported on a daily basis to primary and post-primary schools throughout the country at a cost of over €224.7m in 2020. 

The purpose of my Department's School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school. Under the terms of my Department’s School Transport Scheme, children are eligible for transport where they reside not less than 3.2kms at primary and 4.8kms at post-primary and are attending their nearest School/Education Centre as determined by the Department/Bus Éireann, having regard to ethos and language.  

All children who are eligible for school transport and who complete the application and payment process on time will be accommodated on school transport services for the 2021/22 school year where such services are in operation. In addition all post-primary pupils who are otherwise eligible for school transport but are attending their second nearest school and have applied and paid on time will be accommodated on school transport services where such services are in operation. This arrangement is in place for current school year pending completion of the full review of the School Transport Scheme.  

Children who are not eligible for school transport may apply for transport on a concessionary basis only and may be facilitated where spare seats are available after eligible children have been accommodated.  Where the number of ineligible children exceeds the number of spare seats available Bus Éireann allocates tickets for the spare seats using an agreed selection process.  

The closing date for payment for the 2021/2022 school year was the 31st July 2021. Bus Éireann has confirmed that payment was received from the family referred to on 31st August 2021 and as such thier payment was late.

Late applicants and/or families who pay late are not guaranteed a seat and will only be allocated a seat if capacity is available once seats are allocated to those families who applied and paid on time for transport services for the 2021/2022 school year. 

School Transport

Questions (568)

Mattie McGrath

Question:

568. Deputy Mattie McGrath asked the Minister for Education if capacity under the school transport scheme will return to 100% capacity in line with the return of general public transport in view of the fact this would have a significant impact on students waiting for tickets; and if she will make a statement on the matter. [42385/21]

View answer

Written answers

The School Transport Scheme is a significant operation managed by Bus Éireann on behalf of the Department. In the 2020/2021 school year over 114,100 children, including over 14,700 children with special educational needs, were transported on a daily basis to primary and post-primary schools throughout the country at a cost of over €224.7m in 2020. 

 All children who are eligible for school transport and who complete the application and payment process on time for the 2021/22 school year will be accommodated on school transport services where such services are in operation.  In addition all post-primary pupils who are otherwise eligible for school transport but are attending their second nearest school and have applied and paid on time will be accommodated on school transport services where such services are in operation. This arrangement is in place for current school year pending completion of the full review of the School Transport Scheme.  

 Children who are not eligible for school transport may apply for transport on a concessionary basis only and are offered seats where capacity exists after all eligible children have been catered for.  Late applicants and/or families who pay late are not guaranteed a seat and will only be allocated a seat if capacity is available once seats are allocated to those families who applied and paid on time for transport services for the 2021/2022 school year. 

Planning for school transport for the 2021/22 school year has proceeded on the basis that the public health measures in place as schools closed at the end of the last school year would remain as term began in this new school year. This includes the recommendations from Public Health that post-primary services would operate at 50% capacity and that masks would be worn. All other measures relating to hygiene, pre-assigned seating, cleaning and the wearing of masks by post-primary students are also in place. 

However, as the vaccination programme for children on post-primary services is rolled out and as the lifting of restrictions on public transport services proceeds, the capacity limit of 50% on post-primary school transport services will be subject to ongoing review and the Department will be considering the position in this regard over the coming weeks.

Should post-primary services resume operating at 100% capacity and  where additional vehicles that were provided for social distancing purposes are removed, any spare capacity available will be offered on those services to concessionary pupils or late applicants where such capacity exists.

Special Educational Needs

Questions (569)

Kathleen Funchion

Question:

569. Deputy Kathleen Funchion asked the Minister for Education if it is possible to access information or a list of tutors for the July provision for 2022/2023 school year in the Kilkenny area. [42386/21]

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Written answers

The information requested by the Deputy is not available.

My Department’s Summer Programme for 2020 was a significant expansion on the July Provision programme of previous years, and was expanded further for Summer 2021.  This was in recognition of the disruptions caused to children with complex needs during the COVID-related school closures in 2020 and 2021. 

For the home-based element of the Summer Programme 2021, parents engaged a teacher or SNA in a private arrangement which was then funded by the Department after the tuition was delivered.  My Department does not maintain lists of teachers or SNAs for this purpose.  The National Council for Special Education (NCSE) published information to assist parents in sourcing the services or a teacher or SNA.

For the school-based element of the Summer Programme 2021, schools were permitted to employ teachers and SNAs from outside of their school if the staff normally employed by the school were not available for any/all of the programme.  The Teaching Council and the Irish Primary Principals Network (IPPN) promoted the programme with this year’s graduate teachers and Professional Masters of Education (PME) students to increase the supply of available teachers.  To help teachers and SNAs identify summer programme vacancies in schools in specific locations, the IPPN created a Summer Provision Noticeboard for teachers and SNAs. 

In line with policy advice received from the NCSE, a review of the July Provision programme was commenced in 2019. This review process was paused due to the impact of COVID-19, and the expanded summer programme as mentioned above was implemented as a pandemic measure.  The review of the programme will recommence at the earliest practicable time and it is not yet possible to comment on arrangements for upcoming school years. 

School Transport

Questions (570)

Seán Sherlock

Question:

570. Deputy Sean Sherlock asked the Minister for Education if she is satisfied with the operation of the school transport scheme; and if she will make a statement on the matter. [42410/21]

View answer

Written answers

The School Transport Scheme is a significant operation managed by Bus Éireann on behalf of the Department. In the  2020/2021 chool year over 114,100 children, including over 14,700 children with special educational needs, were transported on a daily basis to primary and post-primary schools throughout the country at a cost of over €224.7m in 2020. 

All children who are eligible for school transport and who complete the application and payment process on time for the 2021/22 school year will be accommodated on school transport services where such services are in operation.  In addition all post-primary pupils who are otherwise eligible for school transport but are attending their second nearest school and have applied and paid on time will be accommodated on school transport services where such services are in operation. This arrangement is in place for current school year pending completion of the full review of the School Transport Scheme.  

Children who are not eligible for school transport may apply for transport on a concessionary basis only and are offered seats where capacity exists after all eligible children have been catered for.

My Department commenced a review of the School Transport Scheme in Februrary 2021. The review is being conducted with a view to examining the  current scheme,  its broader effectiveness and sustainability, and  to ensure that the it serves students and their families adequately.

Following commencement of this review the Steering Group recently presented me with an initial interim report on eligibility with an examination of issues for mainstream pupils relating to the nearest and next nearest school.  Following consideration of this report, I approved the extension of temporary alleviation measures which allow for post-primary students who are otherwise eligible for school transport but are attending their second nearest school and have applied and paid on time.  This arrangement will be in place for the coming school year pending completion of the full review of the School Transport Scheme.  

Wider considerations relating to the objectives of the scheme and the criteria for eligibility will take place in the next phase of the review which is now underway. The Steering Group will continue to report to me on an interim basis as the review progresses, with a view to presenting a final report with recommendations on the future operation of the Department’s School Transport Scheme.

School Curriculum

Questions (571)

Michael Healy-Rae

Question:

571. Deputy Michael Healy-Rae asked the Minister for Education if she will consider the addition of driver education to the curriculum; and if she will make a statement on the matter. [42425/21]

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Written answers

The Road Safety Authority (RSA) has been involved for a number of years in providing a comprehensive integrated road safety education programme in pre-school, primary, post-primary, third level and in the community. This has been done in partnership many organisations including my Department, An Garda Síochána, the Health & Safety Authority and the Higher Education Authority. As part of this, the RSA has developed a range of material that teachers can use to educate school children about road safety as it applies to all road users – pedestrians, motorcyclists, cyclists and motorists. The resources are tailored to each user group. These are available on their website https://www.rsa.ie/en/RSA/Road-Safety/Education/Teaching-resources/

In addition, while at post-primary level, there are no plans to introduce mandatory driver education classes, basic tuition to lay a foundation in driver education is featured on many school curricula already.

In relation to 16-18 year olds, there are opportunities built into the programmes for students to engage with the content of the driver theory test. For example, the 'Your road to safety' - Transition Year programme, consists of a 45-hour version and a 20-hour fast-track option. The programme provides important educational material and learning on road safety for pedestrians, cyclists, motorcyclists and motorists. It covers such issues as seatbelts and airbags, driver fatigue, drink/drug driving, road-safety engineering and enforcement, basic first aid at road crashes, emergency services and rehabilitation, licensing and insurance issues, the NCT, purchasing a car and driving abroad. The programme does not include driving lessons. However, relevant driver theory test content is included at the end of each module.

Special Educational Needs

Questions (572)

Denis Naughten

Question:

572. Deputy Denis Naughten asked the Minister for Education the steps she is taking to support the children identified in the audiology misdiagnosis in counties Roscommon and Mayo within the education system; and if she will make a statement on the matter. [42491/21]

View answer

Written answers

In September 2018, it was agreed between my Department and the HSE, that where children identified by the HSE Audiology Review have a special educational need arising from their hearing impairment, my Department would provide support, in line with its various schemes. Supports provided would be based on children's individual needs, irrespective of the cause of those needs.

Where supports under my Department’s various schemes were refused due to ineligibility, funding has in certain cases been provided by the HSE. As acknowledged at the time, this led to some delays in the provision of supports. Therefore, in conjunction with the HSE, my Department reviewed the procedures involved where the schools of children identified by this review wish to apply for supports, in order to establish if there was a more efficient way of making provision.

On foot of this review, and as an exceptional measure, the provision of certain special educational needs supports outside the terms of my Department’s schemes was approved. In July 2020, the parents and the schools involved were informed of this.

Where the school wishes to apply for assistive technology for these pupils, it should do so in the usual way, i.e. by submitting the relevant application form to the local SENO or Visiting Teacher. Applications received will be reviewed as a matter of priority, and the SENO will provide my Department with a recommendation as early as possible.

Where the SENO recommends that the application meets the criteria, funding will be provided to the school through the assistive technology scheme, as normal.

Where the application does not meet the criteria however, and it is established that the equipment in question has not already been funded either by my Department or the HSE, then funding may be provided by my Department, outside of the terms of the scheme.

The equipment for which funding may be provided is as follows:

- Laptops

- Tablet computers

- Soundfield systems

- Radio Aids

The schools in question were advised that if they had previously applied for equipment under the Assistive Technology scheme, had the application refused and if the equipment was not subsequently funded by the HSE, the school should write directly to the Special Education Section of my Department, with a copy of the refusal letter, and request a review of the previously refused application.

The schools should only submit applications where the specific equipment is recommended in a professional report and the school’s view is that it is essential for the pupil’s education.

Funding for chair silencers (or “Chair Sox”) is not provided under any of my Department’s schemes. If silencers are required however, and have not been separately funded by the HSE, then the school may apply to my Department for funding towards their purchase. The application for funding can be made in writing, and a quotation should be attached to same.  

I wish to again confirm to the Deputy the assurances which have previously been made in respect of additional teaching support.  Since the introduction of the Special Education Teaching allocation model in 2017, it is open to these schools to engage with my Department on the level of support required for these pupils.

Special Educational Needs

Questions (573, 574)

Donnchadh Ó Laoghaire

Question:

573. Deputy Donnchadh Ó Laoghaire asked the Minister for Education the number of additional SNAs that have been hired to date in 2021. [42516/21]

View answer

Donnchadh Ó Laoghaire

Question:

574. Deputy Donnchadh Ó Laoghaire asked the Minister for Education the number of additional SNAs that were hired for the beginning of the 2021-2022 academic year. [42517/21]

View answer

Written answers

I propose to take Questions Nos. 573 and 574 together.

The NCSE has responsibility for planning and coordinating school supports for children with special educational needs including the allocation of SNAs and reviews. My Department does not have a role in making individual school determinations.

When a school has been allocated an SNA, the Board of Management, as the employer, is responsible for filling the vacancy and the decision on whether to employ a full time SNA to fill a full time post or to employ an equivalent number of part time SNAs rests with the employer.

The NCSE have confirmed that the number of additional SNA posts allocated to date in 2021 comes to 814.84 posts. Of these 84.72 related to the 2020/2021 school year.

In respect of the 2021/22 school year the NCSE have confirmed that to date, 730.12 additional SNA posts have been allocated to schools. This brings the total allocation to 17847.14 SNAs.

Question No. 574 answered with Question No. 573.

Schools Building Projects

Questions (575)

Denis Naughten

Question:

575. Deputy Denis Naughten asked the Minister for Education the current status of a primary school building project (details supplied); and if she will make a statement on the matter. [42526/21]

View answer

Written answers

The major building project for the school referred to by the Deputy is currently at an advanced stage of architectural planning - Stage 2(b) which includes the application for statutory approvals and the preparation of tender documents.

My Department met with representatives of the school in April 2021 where next steps in order to progress the project were agreed. As a new planning permission application is needed this project is currently at pre-planning stage.

The Design Team is proceeding with the preparation of a new planning application and necessary surveys to accompany the application.  My Department has recently received correspondence relating to the surveys.  Upon review of this documentation my Department will revert to the school and its’ Design Team.

When planning permission has been secured and work on necessary revisions to the Stage 2(b) documentation has been completed a revised Stage 2(b) report will be submitted to my Department for review.

Upon receipt and review of this revised report my Department will be in contact with the school regarding the further progression of the project.

Schools Building Projects

Questions (576)

Denis Naughten

Question:

576. Deputy Denis Naughten asked the Minister for Education the current status of a school building project (details supplied); and if she will make a statement on the matter. [42528/21]

View answer

Written answers

I am pleased to inform the deputy that, following an extensive site identification and assessment exercise to identify a permanent site location for the school in question, I can confirm that Agreement in Principle has been reached with the vendor on a site for the provision of permanent accommodation for the school and the acquisition is currently progressing through the conveyancing stage.

Following completion of the acquisition, the architectural planning process for the provision of a new permanent building for the school will commence. 

School Transport

Questions (577)

Brendan Griffin

Question:

577. Deputy Brendan Griffin asked the Minister for Education if a post-primary school in County Kerry (details supplied) will be confirmed to be the second nearest school under the school transport scheme to concessionary students in a location; and if she will make a statement on the matter. [42539/21]

View answer

Written answers

The School Transport Scheme is a significant operation managed by Bus Éireann on behalf of the Department. In the 2020/2021 school year over 114,100 children, including over 14,700 children with special educational needs, were transported on a daily basis to primary and post-primary schools throughout the country at a cost of over €224.7m in 2020. 

 All children who are eligible for school transport and who complete the application and payment process on time for the 2021/22 school year will be accommodated on school transport services where such services are in operation.  In addition, all post-primary pupils who are otherwise eligible for school transport but are attending their second nearest school and have applied and paid on time will be accommodated on school transport services where such services are in operation. This arrangement is in place for current school year pending completion of the full review of the School Transport Scheme.  

Children who are not eligible for school transport may apply for transport on a concessionary basis only and are offered seats where capacity exists after all eligible children have been catered for.

Pupils who reside in the area referred to by the Deputy may be eligible or concessionary to the school in question depending where they reside in the village.

Special Educational Needs

Questions (578)

Denis Naughten

Question:

578. Deputy Denis Naughten asked the Minister for Education the steps she is taking to commence all sections of the Education for Persons with Special Educational Needs Act 2004; her plans to revise the Act to fulfil the United Nations Convention on the Rights of Persons with Disabilities; and if she will make a statement on the matter. [42543/21]

View answer

Written answers

I am aware of the requirements of the United Nations Convention on the Rights of Persons with Disabilities and the current legislation which supports the rights of children with disabilities to receive an education.

The Government is committed to helping every child, particularly those with special educational needs, to fulfil their potential.

The Education for Persons with Special Needs (EPSEN) Act 2004 sets out the vision for the education of children with disabilities in this country.  A child with special educational needs should be educated in an inclusive environment alongside their peers unless the nature and extent of those needs would not be in the best interest of the child concerned or the other children with whom the child is to be educated.  For this purpose, my Departments funds a continuum of education provision which covers the full spectrum of need ranging from placement in a mainstream class with supports or a placement in a more specialist setting, a special class or special school.   My Department currently spends in excess of €2b in supporting this continuum annually.

I wish to advise the Deputy that a number of sections of the Education for Persons with Special Needs (EPSEN) Act 2004 have been commenced.

The commenced provisions include those establishing the National Council for Special Education (NCSE) and those providing for an inclusive approach to the education of children with special educational needs.

The following sections of the EPSEN Act were commenced in 2005.

Section 1 – Interpretation

Section 2 - providing for the inclusive education of children with Special Educational Needs

Section 14 – placing certain duties on schools

Sections 19 to 37 - placing the Council on a statutory footing.

Section 39 - placing certain duties on Health Boards

Sections 40 to 53 - amending the Education Act

Schedule 1 – providing for meetings and membership of the Council

Schedule 2 providing for the Chief Executive Officer of the Council.

The remaining sections of the Act have yet to be commenced.  The Sections of the EPSEN Act which have not been implemented are those which would have conferred a statutory entitlement to –

- an educational assessment for all children with special educational needs.

- consequent development of a statutory individual educational plan (IEP).

- the delivery of detailed educational services on foot of this plan.

- an independent appeals process.

The Government has committed to consulting with stakeholders on how best to progress aspects of the EPSEN Act on a non-statutory basis.  

It should be noted, however, that since EPSEN was enacted, the Department’s policy on supporting children with special educational needs has changed and evolved on foot of evidence based policy advice from the NCSE which takes account of international perspectives.

Significantly, the focus of special needs education provision has changed from a model that is diagnosis led to one which is driven by the needs of the child.  This is a substantially different view to the one underlying the EPSEN Act.  The levels of investment by Government in special education has increased to facilitate the underlying reforms required to implement and embed the needs based approach. 

I have also indicated that one of my priorities as Minister for Special Education and Inclusion is to carry out a review of the EPSEN Act. 

this review will take into account the range of reforms and increased investment in supports which have taken place in recent years including the development of new allocation models which are not based primarily on a response to assessment as policy advice has indicated that requirement of diagnosis can create a risk of children being diagnosed as having a special educational need for resource allocation purposes, rather than for health reasons. Also, that as there is a spectrum of ability and disability within every special education disability category, account must be taken of need, as well as diagnosis.

Policy advice has been requested from the NCSE on the implications of the UNCRPD and this is expected in the coming months.

Covid-19 Pandemic

Questions (579)

Joe Flaherty

Question:

579. Deputy Joe Flaherty asked the Minister for Education if his Department will issue a directive to national schools advising that pupils can wear masks if they wish. [42552/21]

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Written answers

My Department has been guided by Public Health as to the mitigation measures needed to prevent the spread of Covid-19 in our schools.  The aim of all of the Covid-19 infection prevention and control measures that have been put in place for schools is to support schools to operate safely and prevent the introduction of Covid-19 and also the onward of transmission of Covid-19 among the school community. These measures protect pupils, their parents and school staff and are very effective when adhered to.

Current public health advice makes it a requirement for a face mask to be worn by teachers, staff in schools and students attending post-primary school. It is not a requirement for children attending primary school to wear face masks. 

The HPSC keeps infection prevention and control measures under review on an ongoing basis including whether or not primary school age children should wear masks. While in individual circumstances parents may choose for their children to wear face masks to primary school, the advice regarding face masks has not changed for the new school year.

The Department will continue to engage regularly with public health officials in respect of the safe operation of schools during Covid-19. 

Child Abuse

Questions (580)

Catherine Murphy

Question:

580. Deputy Catherine Murphy asked the Minister for Education if her attention has been drawn to cases of abuse at a school (details supplied) in Dublin 1; if she has engaged with the school and or the Jesuit Order in respect of the ongoing inquiry; the steps she has taken to contact past victims; if she will outline the supports she has made available; and if she has engaged with the school board of management in relation to the cases outside of the scope of the Jesuit inquiry. [42554/21]

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Written answers

Firstly, I wish to reassure the Deputy that my Department takes child protection very seriously and considers that the protection and welfare of children is a fundamental responsibility of all involved in the care and education of children. In this regard, any concern or allegation of a child protection nature received by staff in my Department is dealt with in accordance with the Department’s Procedures for responding to Child Protection Concerns which come to the attention of staff employed by the Department of Education.  

My Department does not make any judgment on the concerns which comes to its attention and ensures that the details of the concern reported to the Department, including reports which relate to historical abuse, are immediately passed on to the relevant authorities, i.e. Tusla-the Child and Family Agency, An Garda Síochána and/or the school authorities as appropriate. My Department is aware of the matter raised in the media article provided by the Deputy. My Department has no powers to investigate child protection concerns.

When contacted by individuals in relation to historical abuse, as well as reporting the details to the authorities in line with the Department’s procedures, my Department provides details of counselling supports available.  As part of the State's response to individuals experiencing distress as a result of childhood sexual abuse, a free National Counselling Service was set up which is run by the HSE and has been operating since 2000.  Full details are available on

 https://www.hse.ie/eng/services/list/4/mental-health-services/national-counselling-service/

In addition, my Department recently announced a revised ex gratia scheme to provide those, who had, by 1 July 2021,  issued legal proceedings against the State in respect of day school sexual abuse with an opportunity to apply for an ex gratia payment. Details of the revised scheme are available at https://www.gov.ie/en/service/90a42-revised-ex-gratia-scheme/

It is important to note that arrangements for child protection in schools have been extensively revised and extended. In recent years, for example, the enactment of the Children First Act in 2015 led to the issue of revised Child Protection Procedures for Primary and Post-primary Schools in 2017, with an extensive programme of professional development for teachers and school leaders. A fundamental principle of the Child Protection Procedures for Primary and Post-Primary Schools 2017 is that all schools must keep pupils/students safe from harm while attending the school or while participating in school activities.

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