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Dáil Éireann díospóireacht -
Thursday, 30 Jun 2022

Vol. 1024 No. 5

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions

School Transport

Donnchadh Ó Laoghaire

Ceist:

1. Deputy Donnchadh Ó Laoghaire asked the Minister for Education the actions that she intends to take to ensure increased capacity in school transport in the next school year. [34952/22]

The school transport scheme plays a crucial role already but it has enormous potential in terms of not only reducing the impact on costs on parents and families but reducing emissions and traffic. We need to significantly upscale it. What are the Minister's plans in that regard for the next school year?

As the Deputy will be aware, school transport is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the current year, more than 121,400 children, including more than 15,500 children with special educational needs, are transported daily to primary and post-primary schools throughout the country. The cost in 2021 was €289 million. It is worth noting that in the last number of years, the number of children using the scheme has increased by more than 8,000. In the most recent academic year, capacity was increased to cater for more than 1,500 additional pupils arriving from Ukraine.

Under the terms of the school transport scheme, children are eligible for transport at primary level where they reside not less than 3.2 km from the school they are attending and it is their nearest national school. At post-primary level, they are eligible where they reside not less than 4.8 km from the post-primary school or education centre they are attending and it is the nearest post-primary school or education centre. Distance is determined by the Department and Bus Éireann and rules have regard to ethos and language.

As the Deputy will be aware, the Department commenced a review of the school transport scheme in February 2021. The review is being conducted with a view to examining the current scheme and how it currently operates, its broader effectiveness and sustainability and that it is adequately supportive of the provision of service to students and their families. The review encompasses the school transport scheme for children with special educational needs. The review of the primary and post-primary school transport schemes examines how the schemes currently operate, including eligibility criteria, trends, costs, cost drivers and overall effectiveness in meeting the objectives of the scheme. The review also examines the potential for integration of different strands of the scheme in a more co-ordinated approach with other Departments that use transport services.

Following commencement of this review, the steering group presented me with an initial interim report. Following consideration of this report, I approved the extension of temporary alleviation measures for the 2021-22 school year for transport for post-primary students who were otherwise eligible for school transport but were attending their second nearest school. Wider considerations regarding the operation of the scheme are now taking place in the next phase of the review, which is under way. A number of meetings have been convened and a number of discussions have taken place. Decisions with regard to measures for the 2022-23 school year will be made shortly.

I believe that with adequate vision, we can deliver transformative change in school transport that will take a large number of cars off the road and save parents a significant amount of money. It is at this time of year that parents' attention turns to whether their children will qualify for the scheme and the attention of school communities turns to the issue of eligibility and concessionary places, which have always existed, attempts to establish new routes and so forth.

I urge the Minister to ensure that the school transport section in her Department is adequately resourced to ensure it is in a position to meet all the requests it receives. The Minister alluded to the review and its interim report, which led to the welcome proposal regarding second nearest schools. My understanding is that this review was due to be completed earlier this year. What is the timeline for the publication and implementation of the review?

I agree with the Deputy. I believe there is an opportunity - it is one that we are taking via the review - to carry out a complete root and branch of the school transport service as regards how it meets the needs of students and families. The Deputy referred to how we can integrate the service, ensure best value for everybody concerned and so forth. He is correct that the interim review results led to me making the decision to accommodate those who are attending their second nearest school.

Decisions regarding measures for the 2022-23 school year will be made and announced shortly. The completion of the review will take place before the end of this year. It is likely to be the third quarter or start of the fourth quarter but most likely the former. I am very conscious of the need to advance this matter and the enormous benefit the school transport scheme provides for families the length and breadth of the country. It is important that we have a system that works effectively for all involved.

While it is somewhat later than perhaps might have been anticipated, it is good to at least have a timeline for the review. The other element is that there is scope to reduce the costs for those who are already travelling on the school transport scheme. Has the Department considered that? I urge the Minister to consider that in the context of the forthcoming budget to encourage even more people to take part in the scheme.

Another element is that in large parts of the State, school transport routes are operated by private contractors outside of the scheme. Obviously, that is entirely the prerogative of the school communities. Has the Department considered any incentives to encourage additional capacity in the system by encouraging some of those organisations operating those routes to be funded through the school transport scheme?

In the first instance, I acknowledge that measures have already been introduced in the area of school transport costs and the cost of living. The Deputy will be aware that the Government announced there would be a reduced cap for fees for multiple children at post-primary level. It has now been reduced from €650 to €500 and from €220 to €150 at primary level.

I am very conscious of the importance of the scheme and measures of this nature. Obviously, we must look at everything in a budgetary context going forward. I wish to highlight that proactive steps have already been taken, however. It is the purpose of the review to look at all aspects in terms of accessibility, value for money and meeting the needs of families and students. It is all-encompassing. We have thus far had incredible engagement from all sectors, stakeholders, students, parents, families and the wider general public.

Special Educational Needs

Paul Murphy

Ceist:

2. Deputy Paul Murphy asked the Minister for Education if her attention has been drawn to a recent report (details supplied) from the Ombudsman for Children that states that children with special education needs are not getting their right to education without discrimination and that this is putting an unacceptable level of stress and pressure on families and their children; and if she will make a statement on the matter. [34919/22]

The Ombudsman for Children found that the State is failing children with special needs, which means the Government is failing children with special needs. It is particularly failing those children who do not have an appropriate place for September when it is now the end of June. The original response from Government to that failure was the awful scheme for special education centres, which has thankfully been dropped. There has now been an attempt to distract from the Government's failings by putting the blame on four particular schools, which were at wrongly named.

I spoke already about the Ombudsman for Children's report. I very much welcome the fact that he has now published his report. The Department had a significant level of engagement with the Office of the Ombudsman for Children to make sure he had the full facts in order that he could reflect that in his recommendations. It is important to point out that while the State may have failed in its obligations over many decades, the Ombudsman for Children acknowledged the progress that has been made by this Government in the last two years. It is important to say that.

He acknowledged the investment of €2 billion, which is over 25% of the Department's budget, on special education. That amount is the same as the entire amount for the Department of Justice and is a recognition and acknowledgement of the importance of special education.

Yesterday, we published new emergency legislation which will assist in the section 37A process. We have outlined a number of different measures over the last two years. The Department's geographical information system will continue to support a strategic and co-ordinated approach to the planning and delivery of special educational needs, SEN, provision, which is the main point the Ombudsman for Children was making in terms of forward planning. That forward planning probably was not up to standard in the sense that we were in a difficulty in trying to find appropriate placements for a small but important minority for this September. I expect the emergency legislation will assist with that.

The Ombudsman for Children also made some points about National Council for Special Education, NCSE, training. Those targeted and bespoke supports will continue as well. Last year, for the first time, we secured a commitment from the planning and building unit that all new schools in the future will automatically provide a SEN base, which is four classrooms in a post-primary school of 1,000 pupils and pro rata after that.

Will the Minister of State apologise to the four DEIS - Delivering Equality of Opportunity in Schools - schools that she named? She said that the decision to name the schools had been made because they were "not engaging at all" with the Department and were "just ignoring correspondence". When the schools produced correspondence to prove that was not the case, the Minister of State's story changed. She said they were ignoring the import of the correspondence, a very different story from what she had made public. Will she apologise for naming these schools in the way she did? Will she apologise for using the four schools as a scapegoat for the failure of the Government to deal with the situation and to prioritise children with special needs? Will she commit to providing not only the places in the schools but also the resources, particularly staffing, to enable schools to provide the necessary education to children with additional or special needs?

I note that this was not part of the Deputy's question. Nonetheless, I have no difficulty in responding to it. First, all supports and resources will be given to all schools that we are requesting under the section 37A process to open a special class. It is important to point out that in the section 37A process, which is a transparent process, all schools are publicly named on the Department's website. That is the nature of it. It has already been used twice in the past. Recently, we initiated the process for the third time when the National Council for Special Education wrote to inform me that there were insufficient placements for children in Dublin. The council is satisfied that every other placement around the country will be provided for. Therefore, we felt there was no other option in circumstances where schools that we had targeted informed us that they were not going to be in a position to open a special class.

I will ask again. Will the Minister of State apologise to the four schools? She attempted to name and shame them to distract from her and the Department's failures. She put wrong information into the public domain by saying that they were not engaging at all and "just ignoring correspondence" when it has been proven that this is not the case. Will she apologise to the principals, teachers and the schools? Then we can put this distraction behind us and move on in dealing with this crisis. In Dublin 24, for example, there are 17 primary schools with special education classes but in September there will be only two post-primary schools with them. In general, the ratio is two point something to one, but in Dublin 24 it is substantially worse. It is a real failure. It is good that we are dealing with the legislation on Friday, but why did the Department wait until the Dáil is about to go on holidays and it is a few months from September? Why has the Government not been proactively planning for this, which is both directing schools and providing the resources for the schools to do it?

Again, it is important to point out that the majority of special classes that are opened in Ireland are opened without having recourse to the section 37A process. The section 37A process has to be utilised and the mechanism has to be triggered in circumstances where the National Council for Special Education and the Department are of the firm view that a school has spare capacity to open a special class. If it transpires that a school is compelled to open a special class, it will be fully resourced and the staff will be given to the school. It is important to point out that there are 435 special classes in the county in which the Deputy lives, 310 at primary level and 125 at post-primary level. There are also 38 special schools. The majority of those special classes would have been opened outside the section 37A process. The Government wants schools to volunteer in the first instance, but where they do not volunteer and where we know they are in a position to open a special class or, indeed, a second special class, we will trigger the section 37A process.

Special Educational Needs

Donnchadh Ó Laoghaire

Ceist:

3. Deputy Donnchadh Ó Laoghaire asked the Minister for Education the status of proposed emergency legislation to shorten the section 37A process. [34948/22]

Not for the first time, this question has been overtaken by events. However, I will take the opportunity to ask the Minister of State another question. What is the current state of play with regard to children without places in a special class or a special school in the Dublin area and in the State generally?

The Deputy's question was about the emergency legislation which was published yesterday and will be before the Dáil tomorrow. Regarding Dublin at present, I answered that question at a press conference with the Minister, Deputy Foley, the other day. Currently, there are 56 children who do not have a special class place in Dublin and there are 49 children who do not have a special school place. By virtue of the fact that we will have the emergency legislation in place, we expect and hope to be in a position to have placements for those children for September. Obviously, however, I cannot guarantee that. We hope the schools will volunteer. We prefer schools to volunteer rather than do it on the back of an order or a direction from me. In circumstances where that does not happen, we would have no option but to use section 37A. That is now truncated and streamlined through the new emergency legislation.

However, schools will still have two opportunities to make representations to the National Council for Special Education. That is important because they will get a say and be able to make representations as to why they think they should not open one. A direction can be issued within six to eight weeks of the NCSE sending me a detailed report advising of a lack of provision in a certain area. Also, the Education (Provision in Respect of Children with Special Educational Needs) Bill provides for amendment of section 67 of the Education Act 1998. That section had never been commenced. It means the NCSE can designate a school place for a child. That would be of great benefit to parents seeking a placement for their child.

The Minister of State was absolutely right in acknowledging that there was a lack of forward planning. It appears to me that we have not moved beyond that and that we are still in that situation. She is also right that most schools open classes of their own volition. It has been my experience that any school that has opened such a class has never regretted it. However, that is not the point. The point is that for those schools that refuse, we are allowing this to creep into the eleventh hour. That is the problem. The experience of parents is that every September they get the message from the NCSE and the Department that there are adequate places in their locality, but it turns out by the following April that this is not the case.

I urge the Minister and the Minister of State to convene the NCSE this coming school year, ensure a decision is made early in the year to analyse where the shortfall is for September 2023 and begin the section 37 process then.

It is important to point out there is a new explicit function in this legislation allowing the NCSE to manage and co-ordinate the admission of children with special education needs in co-operation with schools where necessary. That will reduce the burden on parents. What happened on occasion was children who were in a mainstream school were then going into a special class but the NCSE was not being informed about that. The NCSE was under the impression there would be six vacant places in a special class, for example, when in fact there may only have been three. That anomaly has now been addressed. There is an obligation on all schools to notify the NCSE regarding who exactly is attending a special class. The special educational needs organisers, SENOs, who are on the ground will collaborate and make sure there is a very tight engagement between the schools and the NCSE so we can make sure that every child has a placement.

In Cork at present we have 414 special classes and a number of special schools, as the Deputy knows. We are endeavouring to make sure that every child has a placement in September.

As the Minister of State mentioned Cork, I will take the opportunity to once again raise the issue as it relates to Ballincollig, which is not in my constituency, where there is a significant shortage of post-primary special class places.

To return to the issue in Dublin, the Minister of State has identified two cohorts, namely, those who require places in a special class and those who require them in a special school. Finding solutions for those children who require places in a special school in September could be more complex. What is happening regarding that? The section 37 orders in play relate to the opening of classes in mainstream schools. What is the proposal for special schools? Is the Minister of State confident places will be available in such schools? Will she ensure all resources required are in place? This is crucial. I am sure the Minister of State understands it is not just about four walls. It is about ensuring there are adequate resources - we will debate this further tomorrow - and staff in place in a timely way for any special places that are open.

As the Deputy knows, every special class will be provided with one teacher and two special needs assistants, SNAs, for six children at primary level. At post-primary level, it is 1.5 teachers and two SNAs for six children. Primary schools also receive a mainstream capitation rate of €183 per student. There is also an enhanced capitation rate of €720 per student enrolled in a special class giving a total capitation rate per student of €903. Where a school is making the arrangements for the opening of a special class, the school can, while progressing the recruitment of additional staff sanctioned for that class, reassign an existing mainstream teacher who has experience or an interest in special education provision as the special class teacher. That may present a more practical arrangement for a school to facilitate the opening of a special class in a timely manner.

As the Deputy is also aware, grants are available, including a starter grant of €6,500 to open a special class, a €2,500 grant for furniture and a €5,000 ICT grant. The support of the NCSE is ongoing on all occasions. Training is also available for teachers.

Schools Building Projects

Matt Shanahan

Ceist:

4. Deputy Matt Shanahan asked the Minister for Education the present procurement schedule and timelines for a new build for a school (details supplied); and if she will make a statement on the matter. [34954/22]

My question is for the Minister. What are the present procurement schedule and timelines for a new build, Gaelcholáiste Phort Láirge, Baile Gunnair?

The major building project for Gaelcholáiste Phort Láirge, Ballygunner, Waterford, will be delivered under the Department's accelerated delivery of architectural planning and tendering, ADAPT, programme. This programme uses a professional external project manager to co-ordinate and drive the design team to achieve the best possible timeframe for the project through the stages of architectural planning to tender and, ultimately, construction. This is the third ADAPT delivery programme undertaken by my Department since 2016 and involves major building projects for 30 schools, including, as the Deputy referenced, the new school for Gaelcholáiste Phort Láirge.

The tender process to appoint the project manager commenced in December and is now complete. The appointed project manager carried out a site visit to Gaelcholáiste Phort Láirge on 24 June. The Department recently contacted the school authority with an update regarding the completion of the project manager appointment and the upcoming tender process for the appointment of a design team. The role of the design team is to design the project in accordance with the Department's design team procedures. This involves various stages, including preliminary design, detailed design, planning permissions and then onwards to tender and constriction.

Until the design team has a preferred design option agreed and fully costed, and until all statutory applications have been granted in stage 2(b) of architectural planning, it will not be possible to provide timelines regarding the progression of the project to tender and construction stages. The anticipated timelines for projects in the ADAPT programme to complete the pre-tender stage of architectural planning is within 24 months of the design team appointment. As I noted, this does not include the time that could be involved if there are delays in the planning application process, or an appeal to An Bord Pleanála is encountered, but it will be the timetable to which the project manager and the design team are guided to work towards.

I thank the Minister most sincerely for her engagement with me on this process from the outset and her diligent attention to this school project, which is so badly needed in east Waterford and will do so much to improve the whole ecosystem of Irish in the region. We have an adjacent Gaelscoil as a feeder school to Gaelcholáiste Phort Láirge, which will take in almost 180 students this year and has had two junior cycle classes for the past three years. As the Minister knows, the school is going from strength to strength but it is still operating out of prefabs so the construction of a new school is badly needed.

I hope we can find a way to try to reduce the procurement timelines as much as possible. I envisage no planning difficulties in the area. The school will be most welcome. It is very badly needed for a burgeoning area of Waterford city. It is very important for the development and retention of our teanga and cultúr in Contae Phort Láirge.

I thank the Deputy. I sincerely acknowledge the excellent work that goes on in the school, including its delivery of education to its students, its role in the community and the excellence of the entire school community. This school is a priority for delivery but there is a process. On the procurement process, in the first instance, the appointment of the project manager involved a detailed commercial process that had to be completed. It is very positive that the process has been completed. It is particularly positive that a site visit has taken place and was done as a priority. That means we can advance to the next stage.

The appointment of a design team is a significant body of work in that we are talking about the architect, quantity surveyor, civil construction engineer, mechanical and electrical engineer, fire safety consultant, project supervisor for the design process and all of that. It will be given every opportunity to progress apace. I am mindful of what the Deputy said about the planning process, which will obviously be helpful.

I sincerely thank Ms Cáit Ní Shé, the príomhoide, and the foireann iontach she has around her, especially the múinteoirí, tuismitheoirí and an bord bainistíochta.

I will also raise the issue of site ownership. The Department has to buy that site and I ask that this be expedited. There are ongoing contracts that, hopefully, are to be exchanged. I again acknowledge the Minister's work in this area. This school is of great importance as it is a natural pivot to An Rinn in Dungarvan. It means we will now have a very comprehensive school ecosystem as Gaeilge and oideachas trí Ghaeilge, which is very important for Waterford. The excellent work being done in Waterford is giving a great grounding to children there in their culture and the tradition of Irish, which is something to be lauded.

I hope this project can progress apace and we look forward to seeing it developed.

Every opportunity is being provided here. The Department is very clear in its intention to deliver an ambitious schools building programme throughout the country which includes this school. As the Deputy can see from the report I have given, the project is moving apace. It is a significant acknowledgement that following the appointment of the project manager, the site visit has taken place and now we can continue to move apace, to use the Deputy's phrase.

It is important for the benefit of all school communities that we have the facilities that meet their needs. Every opportunity and priority we can give will be given. It is part of a very ambitious building programme we are undertaking throughout the country. We will advance this project as quickly as we can. We are mindful of the benefit it will be to the school community. In the interim, I acknowledge the excellent work of the school community in delivering education.

School Staff

Michael McNamara

Ceist:

5. Deputy Michael McNamara asked the Minister for Education the status of the implementation of the agreement of improved pay and conditions for school secretaries; and if she will make a statement on the matter. [35179/22]

This question relates to the pay agreement that was done with regard to school secretaries and endorsed by the Workplace Relations Commission, WRC, on 24 February. The deal was subsequently endorsed by 95% of school secretaries throughout the country. What is the status of agreement as regards implementation? When will that take place? The summer holidays, when people will be paid off, are rapidly approaching. What is the situation? School secretaries need to know.

School secretaries and caretakers, as we have all agreed in this House, are very valued members of our school communities. I am fully aware of the vitally important role played by them in the running of our schools. I fully support, as does everyone, this important agreement which will improve their terms and conditions, and rightly so. The majority of primary and post-primary schools receive assistance to provide for secretarial services under grant schemes. Where a school employs a staff member to support those functions, that staff member is an employee of the school and responsibility for terms of employment rests with the school.

Fórsa tabled a claim in 2019 seeking parity of these staff with education and training board, ETB, public service staff. Extensive engagement has taken place since then between the Department, school management bodies and Fórsa to work towards a resolution, with the support of the Department of Public Expenditure and Reform. On 24 February this year, following a series of engagements at the WRC, a suite of measures designed to improve the working conditions of school secretaries was proposed, which Fórsa agreed to recommend to its members. As the Deputy indicated, a ballot was undertaken, the result of which was 95% agreement in favour of the deal.  I was very pleased with this overwhelmingly positive result on this long-running issue, the resolution of which has been a priority for me since my appointment.

The work to implement this agreement has now commenced in conjunction with Fórsa. It requires a complex process of assimilating information to capture accurate data in respect of each individual secretary. Additional resources are in place to provide capacity to manage this process to ensure both individual and school data are captured and correctly applied. This will also require the development of an IT system to collect the data and action the payroll obligations.  As this work is currently ongoing, it is not possible to commit to an exact timeline, but the Department has expedited the process and will communicate further as the work progresses.

The Department has issued a circular to schools to outline how the agreement will be implemented. The circular outlines that as a first phase of implementation of the agreement, schools must, before the end of September, calculate the initial assimilation rate of pay and annual leave entitlement for secretaries and offer it to them. Should the secretary choose to move to the new terms, the new pay rate should be applied by the school from 1 September 2022. The verification of this first phase, the calculation of back pay and the option to have the value of jobseeker's benefit included in pay will be addressed in the second phase of the assimilation process.

It is clear from the Minister's response that none of the school secretaries will be included for this summer. At the earliest, they might be included by the Christmas holidays but it will more than likely be Easter or summer of next year. That is disappointing. While I know significant work is required, surely it is possible to start moving people to the scheme, even at this early stage. The Department has known about this for some time and the secretaries are in place. The information should be readily available. Given that 95% of school secretaries endorsed this decision and there is strong support for it among the workforce, it must be very disappointing for them to see it will be next year at the earliest before they can qualify. I ask that the Department expedite the work to ensure this happens quicker. Based on the dates the Minister has given, according to which the initial stage is to be undertaken by the end of September, nothing will happen before then. Is that correct?

I have worked long enough in the sector to know that this had to be a priority for delivery. I was very pleased with the endorsement of the proposal in a ballot in which 95% of school secretaries voted in favour of the deal. However, I will be upfront and honest that there is a considerable body of work involved here. Each secretary is employed by the relevant school board of management. The work has commenced in conjunction with Fórsa. It is a complex process of assimilation of information in order that accurate data with regard to each individual secretary are captured. The additional resources that have been required have been put in place by the Department. The work also involves setting up an entirely new IT system to collect the data and that is ongoing. Circulars have issued to schools. Before the end of September, schools must calculate the initial assimilation rate of pay and annual leave entitlement for secretaries and offer those to them. My point is that there is a considerable body of work involved.

The point is also that it is unlikely that anybody will be moved on to this new system before this time next year. That is the reality. It is disappointing for the school secretaries who have been waiting so long for this to happen. I know that each secretary is employed by the individual school but I also know the Department was probably aware of which schools had or did not have secretaries. Much of that information is within the Department. While it may have been available on an ad hoc basis or may not have been in a format that would have allowed this to proceed, much of the necessary work could have been done. I hope the matter continues to receive priority because it would be very disappointing if the timescale were to slip any further. I hope the Minister will ensure it is made a priority over the coming year to ensure it is implemented by next summer at the latest.

I assure the Deputy that absolute priority has been given to this matter. As I outlined, the individual case for each of the secretaries is not just a matter of acknowledging that there are secretaries in each of the schools. It is also a matter of gathering the individual data for each of the secretaries in terms of his or her service. That is a body of work and we are giving absolute priority to it. The complex process has already begun. The resources that are required from my Department have been put in place. The new IT system that will be needed to manage the process is being put in place. I acknowledge the work schools will do before the end of September in calculating the initial assimilation rate of pay and the annual leave entitlement for secretaries. They will then offer it to secretaries and secretaries will respond. I do not, for one minute, underestimate the value or importance of this work. We will expedite it as much as we possibly can.

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