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Education Policy

Dáil Éireann Debate, Tuesday - 4 July 2023

Tuesday, 4 July 2023

Questions (314)

Sorca Clarke

Question:

314. Deputy Sorca Clarke asked the Minister for Education the legislative or policy basis on which the parents of a child (details supplied) are being requested to sign an insurance indemnification form stating that they as the lawful father and mother respectively, agree to indemnify and keep indemnified the board, its servants and agents, including class teacher and/or the principal of the said school from and against all claims, both present and future, arising from the administration or failure to administer the medicine buccolam midazolam which is used to treat prolonged, acute convulsive seizures. [32620/23]

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Written answers

The Board of Management of each school is responsible for the care and safety of all pupils. It is important that the school management authority requests parents to ensure that the school is made aware of any medical condition suffered by any pupil attending. Where the school is aware of potential difficulties that may arise as a consequence of a medical condition suffered by one or more pupils, it may be possible for the management authorities, working in conjunction with parents, teachers and children to put preventative measures in place to lessen the possibility of any difficulties arising or to ensure that, if a pupil suffers from an illness requiring, for example, the administration of medication, that appropriate treatment is available.

The administration of medicines in primary schools is the subject of an agreement between the Irish National Teachers Organisation and the organisation representing school management at primary level. While this agreement specifies that no teacher can be required to administer medicine or drugs to pupils, it also sets out procedures that must be followed where a teacher or teachers agree to do so. The position is that either the parents of the child should make themselves available to administer medication as required, or where they wish the staff in the school to administer it, they should indemnify the school.

My Department cannot direct any member of the Board of Management or the teaching staff of the school to administer medical treatment to pupils, action and procedures which are normally carried out by medical professionals such as doctors and nurses.

Where a child requires adult assistance to assist in the administration of medicine and where the extent of assistance required would overly disrupt normal teaching time, SNA support may be allocated for this purpose.

Circular 0030/2014 (link below) sets out the Special Needs Assistant (SNA) scheme to support teachers in meeting the care needs of some children with special educational needs, arising from a disability and makes reference to the administration of medication as one of the examples of the primary care needs which would be considered significant – and which might require SNA support.

It is my Department's experience that once the matter has been discussed in detail with the Board of Management and staff of a school, and once all parties are clear as to the procedures to be followed, arrangements can normally be made to assist the administration of medicine.

Circular 0030/2014

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