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Thursday, 1 Jun 2023

Written Answers Nos. 180-199

Court Judgments

Questions (180, 181, 182)

Willie O'Dea

Question:

180. Deputy Willie O'Dea asked the Minister for Education if she will confirm that a court ruling has granted court interest to a successful claimant to the ex-gratia scheme; and if she will make a statement on the matter. [26772/23]

View answer

Willie O'Dea

Question:

181. Deputy Willie O'Dea asked the Minister for Education the amount paid in court interest to a claimant (details supplied) under said court ruling; and if she will make a statement on the matter. [26780/23]

View answer

Willie O'Dea

Question:

182. Deputy Willie O'Dea asked the Minister for Education if, in the interest of fairness and equality, she will acknowledge that court interest should now be paid to all the successful claimants under a scheme (details supplied); and if she will make a statement on the matter. [26781/23]

View answer

Written answers

I propose to take Questions Nos. 180 to 182, inclusive, together.

The revised ex gratia scheme to implement the ECtHR judgment in O'Keeffe v Ireland opened for applications on 21 July 2021. The Scheme provides for ex gratia payments of €84,000 to be made to those who satisfy the criteria as set out in the Terms of Scheme and there is no provision in the Terms of Scheme to pay interest on these payments. I am not aware of a court ruling in respect of this matter.

Question No. 181 answered with Question No. 180.
Question No. 182 answered with Question No. 180.

Schools Building Projects

Questions (183)

John McGuinness

Question:

183. Deputy John McGuinness asked the Minister for Education if the school building project approved for a school (details supplied), which is at stage 1 of the process, will be expedited; and if she will provide a timeframe for the delivery of the project. [26793/23]

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Written answers

Cuireadh an Dáil ar fionraí ar 9.50 a.m. agus cuireadh tús leis arís ar 10 a.m.

Sitting suspended at 9.50 a.m. and resumed at 10 a.m.

The school to which the Deputy refers was approved funding under the Additional School Accommodation (ASA) Scheme to enable it to build 1 Mainstream classroom and a 2-Classroom SEN Base.

A Stage 1 submission has been received in my Department, which is currently being reviewed by the Department's Professional & Technical team. Department officials will revert back to the school with the outcome following completion of this review.

Departmental Circulars

Questions (184)

Alan Dillon

Question:

184. Deputy Alan Dillon asked the Minister for Education if she will provide an update on the implementation of circulars related to the consistent awarding of contracts of indefinite duration across ETBs; the progress that has been made; the actions being taken to ensure compliance by all ETBs, including MSLETB; and if she will make a statement on the matter. [26797/23]

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Written answers

The Protection of Employees (Fixed Term Work) Act, 2003 sets out the conditions for the awarding of a contract of indefinite duration (CID). This arises in certain situations where a worker is given successive fixed term contracts in continuous employment. With regard to employees of ETBs and their entitlement to a CID, it is the responsibility of each ETB, as employer, to operate in compliance with the legislation and in accordance with the relevant sanction and conditions for the post(s) in question.

My Department issued Circular 65/2017 aimed at bringing consistency to the awarding of CIDs to tutors employed by ETBs. It is a matter for each ETB to operate in line with the Circular, and any queries in respect of the awarding of such contracts are a matter for the individual ETB in the first instance.

Where an employee is dissatisfied with the outcome, appeals should be lodged by way of the normal ETB Grievance procedure. Employees would also have the right to appeal matters relating to CIDs to the Adjudication Service of the Workplace Relations Commission and to the Labour Court in accordance with the relevant legislation.

With regard to the awarding of CIDs to teachers, whether employed by ETBs or by recognised primary or post-primary schools, the approach is governed by Circulars 23/2015 and 24/2015. The CID process for teachers is supported by robust procedures in my Department including redeployment arrangements and an appeals process where a teacher is dissatisfied with the outcome of their CID application.

Schools Building Projects

Questions (185)

Alan Dillon

Question:

185. Deputy Alan Dillon asked the Minister for Education if she will provide an update on the accommodation project for a school (details supplied); the current status of the project; when it is expected to proceed to construction; the reasons for any delays in the procurement process which has taken 1,232 days to date; and if she will make a statement on the matter. [26804/23]

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Written answers

The school to which the Deputy refers to was approved funding under my Additional School Accommodation (ASA) Scheme for the provision of 1 x General Classroom and 1 x SET Room.

I can confirm that my Department is in receipt of a Stage 2B Report submission from the school . On reviewing the Stage 2B Report , the Department's Professional & Technical team raised some queries that were subsequently issued to the school for further attention. A response to those queries has been received and is currently being reviewed by department officials. A decision will be conveyed to the school authority as soon as all necessary reviews have been completed.

While this project is currently devolved to the school authority for delivery, my Department is engaged directly with the school to provide whatever practical assistance and advice is necessary to implement this important project for the wider school community.

Schools Building Projects

Questions (186)

Alan Dillon

Question:

186. Deputy Alan Dillon asked the Minister for Education if she will provide an update on the accommodation project for a school (details supplied); the current status of the project; and when it is expected to proceed to tender and construction. [26805/23]

View answer

Written answers

I am pleased to inform the Deputy that funding was approved under the Additional School Accommodation (ASA) Scheme to enable the school in question to build 1 General Classroom, 1 SET Room, 2 Classroom SEN Base and Ancillary Accommodation.

This project has been devolved for delivery to the school authority and is currently at the Design stage. It is now a matter for the Board of Management to advance this project in that context.

Special Educational Needs

Questions (187)

Alan Dillon

Question:

187. Deputy Alan Dillon asked the Minister for Education the rationale for a school (details supplied) accepting temporary modular accommodation as a permanent design solution instead of a permanent solution for three SEN classrooms; if she will provide an explanation for this decision; and if she will make a statement on the matter. [26806/23]

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Written answers

I can confirm to the Deputy, that the school in question was issued a provisional letter of offer following their application for capital funding, under my Department's Additional School Accommodation Scheme.

In order to meet these needs my Department has broadened its delivery streams and is utilising Modern Methods of Construction, including Modular Accommodation, as well as traditional construction delivery methods. Modular accommodation has particular advantages in terms of overall timelines and also climate impact in that they do not generally have a reliance on fossil fuels.

In overall terms, it is important to have a range of delivery mechanisms for delivering school accommodation to support the current very strong and ambitious rollout of school building projects. This is particular relevant given the overall challenging construction sector market.

A number of factors are considered by my Department in determining the most appropriate construction method to meet a school’s accommodation requirements, including the timing and duration of that accommodation need, and other school-specific factors.

In support of the expedited delivery of critical school accommodation my Department has put in place a Modular Accommodation Framework. In addition, my Department has put new project manager support in place to assist schools with the delivery of this critical modular accommodation. All of these supports help ensure that the administrative burden for schools on procuring and delivering modular accommodation solutions is significantly eased.

The Modular Accommodation Framework solution:

- Has significant benefits in terms of delivery timelines;

- Minimises the impact of the project on the operation of the school;

- Provides quality and sustainable accommodation that meets building regulation requirements and is Near Zero Energy Building (NZEB) compliant; and

- Climate proofing of the accommodation, given that the modular accommodation has the added benefit of utilising decarbonised heating sources which should also help with the school’s energy profile and costs.

I can confirm that the offer of modular accommodation has been accepted by the school authorities and my officials remain available to answer any questions the school may have in this regard.

School Accommodation

Questions (188)

Alan Dillon

Question:

188. Deputy Alan Dillon asked the Minister for Education if there has been a shift in policy within the building and planning unit regarding the delivery of modular technology as a permanent solution to additional accommodation needs compared to the construction of a permanent structure; if she will provide clarity on any changes in policy; the rationale behind such shifts; and if she will make a statement on the matter. [26807/23]

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Written answers

The main focus of resources over the last decade and for the coming period is on provision of additional capacity to cater for increasing demographics particularly at post-primary level and for special education needs provision. The Deputy will appreciate that the immediate priority of my Department is continued strong delivery to support the operation of the school system with particular regard to planning ahead for the 2023/24 school year and beyond and also with particular regard to supporting special needs provision.

In order to meet these needs my Department has broadened its delivery streams and is utilizing Modern Methods of Construction, including Modular Accommodation, as well as traditional construction delivery methods. Modular accommodation has particular advantages in terms of overall timelines and also climate impact in that they do not generally have a reliance on fossil fuels.

In overall terms, it is important to have a range of delivery mechanisms for delivering school accommodation to support the current very strong and ambitious rollout of school building projects. This is particular relevant given the overall challenging construction sector market.

A number of factors are considered by my Department in determining the most appropriate construction method to meet a school’s accommodation requirements, including the timing and duration of that accommodation need, and other school-specific factors.

In support of the expedited delivery of critical school accommodation my Department has put in place a Modular Accommodation Framework. In addition, my Department has put new project manager support in place to assist schools with the delivery of this critical modular accommodation. All of these supports help ensure that the administrative burden for schools on procuring and delivering modular accommodation solutions is significantly eased.

The Modular Accommodation Framework solution:

- has significant benefits in terms of delivery timelines;

- minimises the impact of the project on the operation of the school;

- provides quality and sustainable accommodation that meets building regulation requirements and is Near Zero Energy Building (NZEB) compliant; and

- facilitates climate proofing of the accommodation, given that the modular accommodation has the added benefit of utilising decarbonised heating sources which should also help with the school’s energy profile and costs.

My Department will continue to consider the specific needs of each school in assessing its accommodation requirements and in determining the appropriate solution, while working to support the achievement of Climate Action objectives.

Schools Building Projects

Questions (189)

Alan Dillon

Question:

189. Deputy Alan Dillon asked the Minister for Education if she will provide an update on the accommodation project for a school (details supplied); the current status of the project; and when it is expected to proceed to tender and construction. [26809/23]

View answer

Written answers

The school to which the Deputy refers was granted funding under the Additional School Accommodation (ASA) Scheme to provide a 1-Classroom SEN Base, a Central Activities Space and a Daily Living Space.

This project has been devolved for delivery to the school authority and is currently at the Design stage. It is now a matter for the Board of Management to advance this project in that context.

School Accommodation

Questions (190)

Réada Cronin

Question:

190. Deputy Réada Cronin asked the Minister for Education if her Department will ensure that all classrooms for a school (details supplied) will be on-site and ready for use by August 2023; if an additional classroom and necessary resources will be made available to the school to accommodate the large number of children seeking to attend to prevent the amalgamation of classes, as is currently the case in 2nd and 3rd classes, which is far from optimal educationally; and if she will make a statement on the matter. [26830/23]

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Written answers

My Department is currently planning to install modular accommodation for the school on the site to which the Deputy refers. There are also contingency measures being looked into should the interim accommodation not be ready for the upcoming academic year. One contingency option is that the school may be split over two locations, which if happens should be only for a short term solution and my Department will assist the school to make the necessary arrangements to facilitate parents only having to make one school drop off.

My Department is currently looking into all options and will continue to keep the patron and school informed of all developments.

Teaching Qualifications

Questions (191)

Paul Murphy

Question:

191. Deputy Paul Murphy asked the Minister for Education if she will appeal the decision made in relation to the salary credit of a post-primary teacher (details supplied) who has returned to Ireland from teaching abroad and allow their experience at a school from August 2016 to August 2021 to be counted towards salary credit. [26837/23]

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Written answers

The criteria for the award of incremental credit are set out in my Department’s Circulars 10/2001 for Primary teachers, 29/2007 and 29/2010 for Post-Primary teachers. The criteria for the award of incremental credit to recognised teachers was agreed under the auspices of the Teachers Conciliation Council (TCC).

As post-primary private service outside the EU is not provided for in these incremental credit circulars, this teacher’s application for incremental credit in respect of their UAE teaching service was deemed ineligible and therefore the application was refused.

The teachers unions have lodged a number of claims at TCC in relation to incremental credit, and specifically a claim about private post-primary teaching service outside the E.U. These claims are still under consideration.

An incremental credit application for teaching service in the UK to which the Deputy also refers has been processed and an outcome letter has issued to this teacher.

Schools Building Projects

Questions (192)

Alan Dillon

Question:

192. Deputy Alan Dillon asked the Minister for Education if she will provide an update regarding a school (details supplied); the reason the building and planning unit are not providing a permanent building; and if she will make a statement on the matter. [26844/23]

View answer

Written answers

I can confirm to the Deputy, that my Department is in receipt of an application for capital funding under my Department's Additional School Accommodation (ASA) scheme, from the school in question.

My officials have been in touch with the school authorities in relation to this application and it is in the final stages of the assessment process. My officials will be in contact with the school authorities directly with a decision as soon as possible.

Education Policy

Questions (193)

Francis Noel Duffy

Question:

193. Deputy Francis Noel Duffy asked the Minister for Education if further consideration will be given to the expansion of the north east inner city multidisciplinary teams model to include a cluster of schools (details supplied); and if she will make a statement on the matter. [26852/23]

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Written answers

My Department is committed to supporting a quality and inclusive school system that provides an equal opportunity at success for all children, including those at risk of educational disadvantage. In line with the Programme for Government, the Government is continuing to examine how the model of intervention in the north-east inner city (NEIC) could be extended to other comparative areas experiencing disadvantage.

The North East Inner City Multi-Disciplinary Team (NEIC MDT) comprises of Educational Psychologists from the National Educational Psychological Service (NEPS) of my Department, Health Service Executive (HSE) Speech and Language Therapists, Occupational Therapists and a Psychologist. This project is an interagency collaboration between the HSE and my Department which provides a multidisciplinary team to ten NEIC primary schools. The NEIC MDT provide school staff, children and families access to on-site Speech and Language Therapy, Occupational Therapy and Psychology; it also offers psychology support to families through the HSE Psychologist on the team. The MDT provide a wraparound service including preventative work, early intervention, assessment and therapeutic intervention, to support all children, school staff and families. The MDT teams provide a needs-based school service that responds to the presenting issues for each child, their family and school.

Ongoing research, evaluation and monitoring of the Multidisciplinary Team intervention will inform further policy developments in this area, including modelling of potential expansion costs.

Special Educational Needs

Questions (194)

Réada Cronin

Question:

194. Deputy Réada Cronin asked the Minister for Education the measures that can be taken to accommodate a child (details supplied); and if she will make a statement on the matter. [26890/23]

View answer

Written answers

I would like to thank the Deputy for the question and would like to advise the following:

The Educational Welfare Service (EWS) is part of Tusla Education Support Service (TESS) and operates under the Education (Welfare) Act, 2000, a piece of legislation that emphasises the promotion of school attendance, participation and retention. The EWS deal with children and families who have difficulties in relation to school attendance, participation, retention. This is a statutory service and its primary role is to ensure that every child either attends school regularly or otherwise receives a certain minimum education; to ensure and secure every child’s entitlement to education.

TESS offers advice and assistance to parents seeking school placements for their children. However, if there is oversubscription for schools in a particular geographical area it may be necessary to make applications to schools in a neighbouring town/village.

An Educational Welfare Officer (EWO) may have knowledge of schools that may have capacity and will advise parents to make an application to that school. Parental choice has to be taken into account when seeking a school place for a child but a place in a school of first choice is not always possible. An EWO can designate a school place for a student if it can be proven that the school has capacity and have refused to admit the child in accordance with their admissions policy.

Where a child has special educational needs, the National Council for Special Education (NCSE) through their local network of Special Education Needs Organisers (SENOs) can assist parents looking to secure a school place for a child.

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.

My Department is engaging intensely with the NCSE in relation to the forward planning of new special classes and additional special school places. This work involves a detailed review of statistical data in relation to forecasting demand for special class places, consideration of improved data sharing arrangements and a particular focus on the provision of special classes at post-primary level.

As a result of this forward planning, on the 12th of April, Minister Foley and I announced the establishment of 2 new special schools for the 2023/2024 school year, with further capacity being expanded in 11 other special schools.

Along with the two new special schools, 328 new special classes – 217 at primary and 111 at post-primary level – have been sanctioned by the NCSE for opening in the 2023/24 school year, with more to be confirmed in the coming weeks.

Of these new classes, 7 are in Co. Kildare, with 5 at primary level and 2 at post-primary level. These new classes will bring the total number of special classes in Kildare to 112, 84 at primary and 28 at post-primary.

My Department and the NCSE are committed to ensuring that sufficient special education placements will be available for children for the coming school year 2023/2024.

Parents seeking special class placements for their children are advised to contact the NCSE locally so that their needs can be taken into account for planning purposes.

The local special educational needs organisers (SENOs) remain available to assist and advise parents of children with special educational needs. Parents may contact SENOs directly using the contact details available at: ncse.ie/regional-services-contact-list.

As you query relates to an individual case, I will arrange for it to be shared with both Tusla and the NCSE and for the appropriate body to provide a direct response on the matter.

School Textbooks

Questions (195)

Darren O'Rourke

Question:

195. Deputy Darren O'Rourke asked the Minister for Education further to Parliamentary Question No. 323 of 23 May 2023, if private schools are included in the free schoolbook scheme; and if she will clarify the meaning of "recognised schools". [26894/23]

View answer

Written answers

The new primary school book scheme will provide free schoolbooks, workbooks and copybooks, in recognised primary schools and special schools. More than 558,000 pupils enrolled in approximately 3,230 primary schools, including over 130 special schools, will benefit from this measure.

The total investment, of over €50 million, significantly increases the funding for school books which is currently provided to all recognised primary schools in the country.

The funding provided under this scheme is specifically to provide free school books to recognised primary school pupils including those in special schools, in the free education scheme, from September 2023.

Private fee charging primary schools are not recognised schools under the Education Act and the Department has no role in their funding or management

Departmental Bodies

Questions (196)

Rose Conway-Walsh

Question:

196. Deputy Rose Conway-Walsh asked the Minister for Education if she will provide a full list of public bodies under the aegis of her Department; and Oireachtas contact details for each. [26908/23]

View answer

Written answers

The details sought by the Deputy, in regard to public bodies under the aegis of my Department, are available in the attached table.

Contacts

Education Schemes

Questions (197)

Darren O'Rourke

Question:

197. Deputy Darren O'Rourke asked the Minister for Education if it is the case that those who previously opted out of the supervision and substitution scheme cannot now opt back in; if this position will be reviewed; if not, if a new scheme will be opened soon; and if she will make a statement on the matter. [26949/23]

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Written answers

With effect from the beginning of the 2013/14 school year, participation in the Supervision and Substitution scheme is compulsory for all post-primary teachers, save for those who had availed of the opt-out arrangements prior to this date. Circular 0047/2017 also subsequently set out the arrangements whereby teachers who previously opted out from compulsory participation in the Supervision and Substitution scheme under Circular 0006/2014 could opt back in to the Supervision and Substitution scheme.

Discussions are currently taking place under the auspices of the Teachers' Conciliation Council (TCC) in relation to the option to opt-in to the Supervision and Substitution scheme under certain conditions. The Teachers Conciliation Council is part of the scheme of Conciliation and Arbitration for Teachers and was set up to deal with claims and proposals relating to the terms and conditions of employment of teachers to which the Department, management representatives and unions are all party.

As the proceedings of the TCC are confidential, it would not be appropriate for me to make any further comment while it remains under consideration.

Capitation Grants

Questions (198)

Brendan Smith

Question:

198. Deputy Brendan Smith asked the Minister for Education if she will give further consideration to a possible restructuring of the capitation grant scheme for primary schools to provide for additional support for smaller schools, which have particular challenges in meeting increasing costs and which are dependent on a small school community to raise funds; and if she will make a statement on the matter. [26953/23]

View answer

Written answers

My Department provides funding to all recognised schools in the Free Education Scheme by way of per capita grants. The two main grants are the Capitation grant to cater for day to day running costs including heating, lighting etc. and the Ancillary grant to cater for the cost of employing ancillary services staff. These grants may be regarded as a common grant from which the Board of Management can allocate according to its own priorities.

Schools also receive a range of other grants including Book Grants, Programme grants etc.

I understand the need for improved capitation funding and I am pleased that my Department has been able to provide for increases in capitation funding for primary and post-primary schools in recent years.

The standard capitation grant rate for Primary Schools is €183 per pupil and the standard ancillary grant rate is €173 per pupil. In the case of small schools each of these grants is based on an enrolment of 60 pupils bringing the total value of these grants to €21,360.

All schools have received the benefit of the capitation increases awarded to date. It is my intention to seek funding for further capitation increases in future budgets.

While voluntary contributions can be requested by schools, it must be made absolutely clear to parents that there is no requirement to pay, and that, in making a contribution, they are doing so of their own choice, and there is no compulsion to pay.

My Department engages on a regular basis with school management bodies and other education stakeholders on school running costs. In the context of the current cost of living crisis and the significant additional funding that has been made available to schools, it is my expectation that schools will not have to seek additional voluntary contributions from parents.

My Department has also made the services of the Financial Support Services Unit (FSSU) available to support small schools in the area of financial governance and management. The FSSU provide templates specifically tailored for the needs of these schools and also provide assistance through online supports and school visits.

School Curriculum

Questions (199)

Sorca Clarke

Question:

199. Deputy Sorca Clarke asked the Minister for Education the composition of each of the NCCA Junior Cycle and Leaving Certificated subject development groups and any other subject review groups, in tabular form, per curriculum subject. [26961/23]

View answer

Written answers

I wish to advise the Deputy that in addition to membership of the NCCA Council, composition of all the NCCA's active structures (development groups and boards) is published on the NCCA website - see Boards and Development Groups | NCCA

With the exception of Junior Cycle PE, no other junior cycle subject development groups are in place at present.

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