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Special Educational Needs

Dáil Éireann Debate, Tuesday - 13 June 2023

Tuesday, 13 June 2023

Questions (495)

Duncan Smith

Question:

495. Deputy Duncan Smith asked the Minister for Education if she will outline what the process is for an Irish exemption for an 11-year-old child (details supplied) diagnosed with a sensory processing disorder, anxiety, autism, dyslexia and dyscalculia, who has been refused an exemption despite a report from an educational psychologist stating that they meet the criteria and despite an appeal by the parents due to the overwhelming stress the child is encountering; and if she will make a statement on the matter. [27272/23]

View answer

Written answers

I can advise the Deputy that Circular 0054/2022 sets out the process for primary schools for the granting of an exemption from the study of Irish and the criteria under which the school may grant an exemption.

Section 2.2.3 of the 2022 circular includes the following new criteria for granting an exemption from the study of Irish:

A pupil who experiences a high level of multiple and persistent needs that are a significant barrier to the pupil’s participation and engagement in their learning and school life

It is recognised that there is a small cohort of pupils who have a high level of multiple and persistent needs that are a significant barrier to their participation and engagement in their learning and school life. In the case of these pupils, consideration may need to be given to adjusting the range of learning experiences to ensure that their needs are met and that they may engage purposefully in their learning in school. In very exceptional circumstances, this means that consideration may need to be given to exempting them from the study of Irish.

An exemption from the study of Irish may be granted to a pupil:

(i) who has at least reached second class

AND

(ii) who experiences a high level of multiple and persistent needs that are a very significant and continuing barrier to his/her participation and engagement in his/her learning and school life

AND

(iii) whose school has substantial written evidence that these needs persist despite targeted and individualised Student Support Plans to address those needs

AND

(iv) whose school has substantial written evidence that these individualised Student Support Plans have been implemented over not less than two school years , and have been monitored and reviewed by the school in collaboration with the parent(s)/guardian(s) and the pupil

AND

(v) who has been given every reasonable opportunity to participate in the learning of Irish in mainstream classes for as long as possible in keeping with the integrated approach in the Primary Language Curriculum and acknowledging that pupils at a young age adapt and improve over time

AND

(vi) the principal is satisfied that the granting of an exemption is in the overall best interests of the pupil concerned.

Normally, this will mean that the pupil will be expected to engage with the study of Irish at least to the end of fifth class. However, in very exceptional circumstances, where the principal is satisfied that an exemption is warranted to address the high level of multiple and persistent needs of the pupil, and certifies that all of the conditions in (i) to (vi) above have been met, it may be granted at an earlier stage, but in no case may this be earlier than second class.

The Principal of the school must be satisfied that the pupil meets all of the criteria above before they consider granting an exemption.

The circulars on exemptions from the study of Irish have moved away from a categorical diagnostic model to a needs based model. Therefore, psychological or medical professional’s report is not a requirement for granting an exemption from the study of Irish.

In accordance with the Continuum of Support Model for children with Special Educational Needs and for children with Behavioural, Emotional and Social Difficulties, both of which should be consulted by the Principal when considering applications for exemptions as set out under section 2.3 of the circular, If a school receives an external report (e.g. from a psychologist, speech and language therapist (SLT), Psychiatrist, GP or other practitioner), this may contain advice and recommendations that are useful to help inform the school in relation to the student’s needs and to identify appropriate interventions, but is not the primary supporting document for granting an exemption from the study of Irish. While an external report might recommend an exemption, it is up to the school to satisfy itself that it has the evidence as set out in the circular, (ongoing support, response to intervention and current level of need as identified in school testing) when considering the exceptional circumstances in which an exemption should be granted

The Principal is also required under the circular, to consult with the class teacher, the special education teacher and the assigned teacher from the Visiting Teacher Service where relevant when considering an application for an exemption.

In the case referred to by the Deputy, I understand that the Irish Exemptions Appeals Committee have considered an appeal and have upheld the Principals decision not to grant an exemption.

I trust this clarifies the position.

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