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Tuesday, 27 Jan 2015

Written Answers Nos. 442-456

Child Protection

Ceisteanna (445)

Clare Daly

Ceist:

445. Deputy Clare Daly asked the Minister for Education and Skills the changes made since the publication of a report (details supplied) regarding the enforcement of legislation and constitutional provisions in dealing with religious patrons. [3459/15]

Amharc ar fhreagra

Freagraí scríofa

Procedures for schools on the implementation of Children First in the school setting were updated and published in September 2011. This was done following the revisions in July 2011 to the national Children First guidelines. The updated procedures are intended to better ensure consistent and uniform implementation of Children First across all schools.

The updated child protection procedures for schools include additional oversight arrangements that involve the following:

- Specific reporting requirements by the School Principal to the Board of Management

- Standardised format for an annual review by the Board of Management of the implementation of its child protection policy

- Standard method for schools to report annually to parents associations (or parents generally) in relation to their implementation of child protection procedures.

- Confirmation of compliance with child protection procedures to be provided, if requested, to the School Patron and/or the Department.

In addition, any allegation of a child protection nature received by staff in my Department is dealt with in accordance with the Department's Procedures for responding to Child Protection Concerns brought to the attention of staff employed by the Department of Education and Skills. Under these procedures the Department does not make any judgment on the concerns brought to its attention and ensures that the details of the concern reported to the Department are immediately passed on to the relevant investigatory authorities, including the relevant school authorities, the Child and Family Agency and/or An Garda Síochána.

Question No. 446 answered with Question No. 441.
Question No. 447 answered with Question No. 437.

Religious Discrimination

Ceisteanna (448, 449, 451)

Clare Daly

Ceist:

448. Deputy Clare Daly asked the Minister for Education and Skills if there is a report that does not indicate that the Department's present policy of creating multi-denominational patronages will ultimately lead to a religious apartheid education system here whereby children of the majority religion will have schools exclusive to themselves, and all other children will be forced to concentrate themselves in a minority of schools which do not discriminate in admissions on religious grounds. [3462/15]

Amharc ar fhreagra

Clare Daly

Ceist:

449. Deputy Clare Daly asked the Minister for Education and Skills if she shares the views of her predecessor who indicated that he did not intend to discontinue the national school system here; schools are in receipt of State funding despite the obvious religious discrimination that has become prevalent over the past 40 years and more, particularly with religious discrimination in the past 15 years. [3463/15]

Amharc ar fhreagra

Clare Daly

Ceist:

451. Deputy Clare Daly asked the Minister for Education and Skills in view of reports (details supplied) which support the obligation on the State to ensure that every child can attend his or her local national school without any religious discrimination on entry, the steps she will take to end this practice. [3465/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 448, 449 and 451 together.

While our system of patronage has demonstrated a capacity to facilitate change and evolution, it is the case that the vast majority of primary schools are still under Catholic patronage. While recognising the role that Catholic schools have played in welcoming children from diverse backgrounds and the continuing role for Catholic schools, we have made changes to the patronage system with the model of provision for new schools being reflective of parental demand for the types of schools they want to send their children to. We are also making progress under the patronage divesting process.

The Deputy will be aware that the Programme for Government gives a commitment to move towards a more pluralist system of patronage for our schools. In this context, a Forum on Patronage and Pluralism was established to look at how schools can cater for diversity and ensure an inclusive and respectful environment for all their pupils. Work is continuing on the follow-up to the Report of the Advisory Group to the Forum and its recommendations regarding diversity in society.

In relation to enrolment policies, it is the responsibility of the managerial authorities of all schools, whether extant or newly established, to implement an enrolment policy in accordance with the Education Act, 1998. In this regard a Board of Management may find it necessary to restrict enrolment to children from a particular area or a particular age group or on the basis of some other criterion. The criteria to be applied by schools in such circumstances are a matter for the schools themselves.

This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants. Under section 15 (2) (d) of the Education Act 1998, each school is legally obliged to publish its enrolment policy.

Equality legislation, which also outlaws discrimination in relation to the admission of a student, makes provision for exemptions to apply in the case of single sex schools and in the case of schools where the objective is to provide education in an environment that promotes certain religious values. The legislation provides that any school that has this objective may admit a student of a particular religious denomination in preference to other students.

Ceisteanna (450)

Clare Daly

Ceist:

450. Deputy Clare Daly asked the Minister for Education and Skills if she will provide a copy of all school roll numbers from the introduction of such numbers; if she will include the name and position of the patron, the school address, the foundation date, the closure date, and the roll number of the school to which teachers and pupils moved at the closure of each school. [3464/15]

Amharc ar fhreagra

Freagraí scríofa

It is not possible to provide the information sought by the Deputy in the manner requested because of the scale and detail of the information sought. The scale is evidenced by the fact that there were some 5,700 primary schools alone at the foundation of the State and today we have just over 3,000. It would be necessary to fully analyse all school openings, closures and amalgamations on a year-by year basis and identify school establishment dates, closure dates, patronage details and school address. Many of the records pre-date computerisation and are in the National Archives Office. My Department has never assembled information on where individual pupils transferred to when a school closed so this information is not available at all. In regard to teachers in schools that close due to amalgamation, if the teacher does not transfer to the amalgamated school, they may be redeployed. Redeployment details for a teacher are maintained on their personnel record and such records are not organised on the basis of school closures.

Question No. 451 answered with Question No. 448.

Visiting Teacher Service

Ceisteanna (452)

David Stanton

Ceist:

452. Deputy David Stanton asked the Minister for Education and Skills further to Parliamentary Question No. 877 of 4 November 2014, if her officials have completed their consideration of the review of the visiting teacher service; the changes she plans to make to the service as a result; and if she will make a statement on the matter. [3484/15]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that the review of the Visiting Teacher Service was carried out in response to policy advice from the National Council for Special Education (NCSE) in May 2013, which recommended that the service should be reviewed. Accordingly, my Department commissioned an independent review of the service in line with the NCSE recommendations.

The review has now been concluded and a report has been submitted to my Department. The report is currently being considered by my officials. When this process has been concluded the question of the implementation of the Report's recommendations will be considered.

I can confirm however that my Department is committed to continuing to provide appropriate high quality resources to schools for the education of children with special educational needs, including children with hearing and visual impairment.

School Enrolments

Ceisteanna (453)

Olivia Mitchell

Ceist:

453. Deputy Olivia Mitchell asked the Minister for Education and Skills if her attention has been drawn to the fact that offers of places in the only new autism spectrum disorder classes in the Dún Laoghaire-Rathdown area, County Dublin, are being restricted due to the school’s sibling and religious entry criteria; and if she will make a statement on the matter. [3493/15]

Amharc ar fhreagra

Freagraí scríofa

It is the responsibility of the managerial authorities of all schools to implement an enrolment policy in accordance with the Education Act, 1998. In schools where there are more applicants than places available a selection process may be necessary. In this regard a Board of Management may find it necessary to restrict enrolment to children from a particular area or a particular age group or on the basis of some other criterion. For example, some schools give priority to applicants who have siblings in the school. The criteria to be applied by schools in such circumstances are a matter for the schools themselves. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants. However, it may result in some pupils not obtaining a place in their school of first choice.

Existing equality legislation, which outlaws discrimination in relation to the admission of a student, makes provision for exemptions to apply in the case of single sex schools and in the case of schools where the objective is to provide education in an environment that promotes certain religious values. The Equality legislation provides that any school that has this objective may admit a student of a particular religious denomination in preference to other students. The legislation provides that such a school can refuse to admit a student who is not of that religion only where the school proves that this refusal is essential to maintain the ethos of the school.

As the Deputy may be aware, Government gave approval in March last year for drafting the Education (Admission to Schools) Bill 2014 and the bill is currently at an advanced stage of drafting. The objective of the Admissions to School Bill is to provide an over-arching framework to ensure that how schools decide on who is enrolled and who is refused a place in schools is more structured, fair and transparent.

A key objective in designing the framework is to create greater confidence for parents that the admission criteria laid down by schools are legitimate, reasonable and fair.

Special Educational Needs Service Provision

Ceisteanna (454)

Olivia Mitchell

Ceist:

454. Deputy Olivia Mitchell asked the Minister for Education and Skills the efforts being made to increase the number of autism spectrum disorder places in mainstream secondary schools in south Dublin in view of the disparity between the number of places available at primary and secondary level; and if she will make a statement on the matter. [3494/15]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that my Department's policy focuses on ensuring that all children with special educational needs can have access to an education appropriate to their needs and abilities.

A range of placement options for pupils with special educational needs is provided, in order to ensure that all pupils can receive a school placement. Many pupils with special educational needs will be able to attend a local mainstream school, whereas for pupils who have needs which require more specialist interventions, special class and special school placements are provided for.

The National Council for Special Education (NCSE), through its network of local Special Educational Needs Organisers (SENOs), is responsible for establishing special classes in various geographical areas as required. The NCSE operates within my Department's criteria in allocating such support.

SENOs engage with schools annually in order to plan for, and to open, new special classes each year, in order to ensure there are sufficient special class placements available at primary and post primary school level to meet demand in a given area.

Details of all of the special classes for children with special educational needs which are attached to mainstream schools are published each year on the NCSE website at www.ncse.ie.

The NCSE will continue to monitor and review the requirement for special class places in particular areas, including in Dublin south, and has capacity to open such new special classes where necessary.

Special Educational Needs Service Provision

Ceisteanna (455)

Michael Healy-Rae

Ceist:

455. Deputy Michael Healy-Rae asked the Minister for Education and Skills the reason a request for assistive technology has not been granted in respect of a child (details supplied) in County Kerry; and if she will make a statement on the matter. [3502/15]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that the National Council for Special Education (NCSE) through its network of local Special Educational Needs Organisers (SENOs) is responsible for processing applications from schools for special educational needs supports. SENOs also make recommendations to my Department where assistive technology is required. The NCSE operates within my Department's criteria in making recommendations for support, which is set out in my Department's Circular 0010/2013.

In order to qualify for equipment under the assistive technology scheme, a child must have been diagnosed with a physical or communicative disability and must also have a recommendation in a professional assessment that the equipment is essential in order to allow the child to access the curriculum. It must also be clear that the existing I.T. equipment in the school is insufficient to meet the child's needs.

I can advise the Deputy that an application for assistive technology support for the child referred to in this question has recently been received by my Department. Further information has been requested from the school regarding the application form. The application will be considered further once this information has been received and a response will be issued to the school.

School Funding

Ceisteanna (456)

Brendan Griffin

Ceist:

456. Deputy Brendan Griffin asked the Minister for Education and Skills if the board of management of a Catholic primary school will be made liable for the recent compensation award to a teacher; and if she will make a statement on the matter. [3511/15]

Amharc ar fhreagra

Freagraí scríofa

The position is that my Department provides capitation funding to primary schools to cover their day to day running costs, including any costs associated with insurance. In general, it is the duty of the Board of Management (delegated by the Trustees) to put in place comprehensive insurance cover for the school. The Board shall ensure that all such insurances are effected and maintained as are necessary to safeguard the school, the Board and the Trustees against all public liability and against the consequences of negligence on the part of any person employed by the Board or any servant or agent of the Board, or any defect in the buildings, premises, furnishings or equipment of the school whereby loss or damage might result to any person in or upon the school premises.

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