Dáil Éireann Debate, Thursday - 25 May 2023
156. Deputy Paul Murphy asked the Minister for Education to outline the number of occasions on which she has used her powers under section 37A to direct a school to provide places for children with special educational needs. [25416/23]
View answerI would like to thank the Deputy for the question and would like to advise that my department is committed, in conjunction with the National Council for Special Education (NCSE), to continue to work with parents, schools, patrons and all stakeholders to ensure that there are sufficient appropriate places for students with additional needs and to support all students to achieve their potential.
Over the last two to three years, my department and the NCSE have introduced a number of strategic initiatives to plan for and provide sufficient special class and special school places.
These initiatives are bearing fruit with over 600 new special classes sanctioned at primary level, almost 300 new special classes sanctioned at post-primary level and five new special schools established over the last three years.
There are a total of 2,537 special classes opened nationwide. Of the 2,537 special classes, 1,798 are at primary level and 739 are at post-primary level.
As both Minister Foley and I announced recently on 12 April, 2 new special schools are being established for the 2023/2024 school year - one in Carrigtwohill, east Cork and one in the Dublin 7 area - with additional capacity being provided in 11 other special schools.
It is intended that places in the new special schools will be prioritised for children who have no offer of a special school place for the 2023/24 school year. Details in relation to the location of the new special schools, the admission process and the number of places to be offered for 2023/24 in each new special school will be confirmed very shortly.
The NCSE will work closely with the families of the children and young people concerned to assist them in accessing the new places which will become available during the 2023/24 school year.
Planning for the establishment and opening of the new special schools will begin immediately. This will include a determination of the size of the school required so that the necessary staff recruitment, school policy development and related arrangements can be put in train. This will also include ongoing communication with the families concerned.
For the 2023/24 school year the the NCSE have also sanctioned 328 new special classes nationwide, 217 at primary level and 111 at primary level. Further additional classes will be sanctioned in the coming weeks.
Information on the list of schools with special classes, the types and locations of these classes is published on the NCSE website and is available at www.ncse.ie.
The Minister has 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; initially in the Dublin 15 area in 2019 and more recently in the South Dublin area in 2020, in respect of primary school provision only.
The published documents relating to the two occasions where the Section 37A process was used are available on the departments website on www.gov.ie/en/collection/61cd7-section-37a-notices-2019-dublin-north/ and www.gov.ie/en/collection/61cd7-section-37a-notices-2020-dublin-south/
It is important to note that where possible, children with special educational needs should be accommodated in mainstream education, but where the needs of the children are greater, special classes and indeed special schools are provided. Every effort must be made where special classes exist within a mainstream school to integrate the children and young people in this class with their peers in mainstream classes.
I want to reassure you also that 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 appropriate education.
