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Gnáthamharc

Wednesday, 15 Apr 2015

Written Answers Nos. 713 - 726

Institutes of Technology Staff

Ceisteanna (713)

Jonathan O'Brien

Ceist:

713. Deputy Jonathan O'Brien asked the Minister for Education and Skills further to Parliamentary Question No. 158 of 1 April 2015, the number of persons employed in Letterkenny Institute of Technology in County Donegal who are paid in excess of €100,000, €150,000, €200,000 and €250,000; and if she will make a statement on the matter. [14429/15]

Amharc ar fhreagra

Freagraí scríofa

The information requested by the Deputy is provided as follows:The number of persons employed in Letterkenny Institute of Technology who are paid: In excess of €100,000 - 2; In excess of €150,000 - 0; In excess of €200,000 - 0; In excess of €250,000 - 0.

School Transport Eligibility

Ceisteanna (714)

Michael Ring

Ceist:

714. Deputy Michael Ring asked the Minister for Education and Skills when a full reply will issue in respect of correspondence to her Department regarding an application for a remote area grant in respect of a person (details supplied) in County Mayo; and if this person can appeal the decision. [14477/15]

Amharc ar fhreagra

Freagraí scríofa

Under the terms of my Department's Primary School Transport Scheme, a child who is eligible for school transport but for whom no transport service is available may, following an application for transport within the prescribed time limits, receive a Remote Area Grant towards the cost of private transport arrangements. This grant is also payable for eligible children who may have to travel 3.2 kilometres or more to or from a designated pick-up/set-down point. Bus Éireann, which operates the school transport scheme, on behalf of the Department has advised that the child in question is eligible for school transport and resides 3.8 kilometres from the pick-up point of the service. Bus Éireann has further advised that the family in question applied for school transport in March 2015 for the 2015/16 school year, therefore the remote area grant to the pick-up point may be claimed from the beginning of the 2015/16 school year.

More detailed information on the Remote Area Grant is available on the Department's website at www.education.ie.

The School Transport Appeals Board examines and determines appeals against the school transport application process regarding the provision of school transport services and/or grant aid under the terms of the School Transport Schemes; full details on how to submit an appeal are available on the Department's website or by contacting School Transport Section at 057-9325466.

Schools Administration

Ceisteanna (715)

Michael Fitzmaurice

Ceist:

715. Deputy Michael Fitzmaurice asked the Minister for Education and Skills her plans to provide for the obligatory ongoing maintenance of the Clárleabhar in primary schools following the introduction of the primary online database in 2016 as an invaluable source of local history and out of respect for long-established tradition; and if she will make a statement on the matter. [14515/15]

Amharc ar fhreagra

Freagraí scríofa

All primary schools currently have a mandatory requirement to maintain a record of their pupil enrolments in a hard copy book known as the "Clárleabhar".

The same information will now be held in electronic format in the Primary Online Database (POD).

The Department will therefore be shortly informing primary schools that, with effect from September 2015, it will no longer be necessary for primary schools to maintain this duplicate record in the "Clárleabhar".

It is intended that schools will be enabled to print a hardcopy of this information from the POD for their own records.

Schools Refurbishment

Ceisteanna (716)

Michael Healy-Rae

Ceist:

716. Deputy Michael Healy-Rae asked the Minister for Education and Skills if maintenance works will be carried out at a location (details supplied) in County Kerry; and if she will make a statement on the matter. [14553/15]

Amharc ar fhreagra

Freagraí scríofa

My Department is not in a position to provide grant aid for the purposes proposed by the Deputy as the works are outside the vested school site.

Special Educational Needs Service Provision

Ceisteanna (717)

Michael McCarthy

Ceist:

717. Deputy Michael McCarthy asked the Minister for Education and Skills her plans to include the term Down's syndrome on the list of disabilities in all National Council for Special Education literature and applications; and if she will make a statement on the matter. [14569/15]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that the National Council for Special Education (NCSE) recommended the introduction of a new resource allocation model for schools.

I recently announced that I am not proposing to change the way teachers are allocated to schools for children with Special Educational Needs for the coming school year. In taking this decision, I have been guided by the advice of the NCSE Working Group report, which recommended sufficient time be allowed for consultation before the new model is implemented.

Through consultations, there was a broad welcome for the proposed new model from Parents, disability groups, schools and stakeholders. However, there has not been sufficient time to address all of the concerns which have been raised in advance of the 2015 school year.

In the context of the recent announcement that the proposed new model for allocating resource teachers to schools will not now be introduced from September 2015, I agreed to review the particular position in relation to educational provision for children with Down syndrome in mainstream schools.

On 24th of March, I announced that the Government has agreed that additional resources will be allocated to schools, as an interim measure, to support those children with Down syndrome, who are not already supported through the National Council for Special Education's (NCSE) annual allocation process.

I advised that this measure was being introduced in recognition of the length of time it will take to introduce the new resource teacher model and the fact that children with Down syndrome experience a cluster of difficulties relating to this syndrome, in addition to general learning difficulties, including speech and language developmental delays.

Details of the manner in which schools can apply for additional resource for children with Down syndrome is available on the NCSE website at http://ncse.ie/for-schools.

As my Department is continuing to develop the new allocation model for schools, and is currently working to devise a pilot of the new model, consideration regarding the content of the supporting literature and guidance required to support the introduction of a new allocation model will take place in this context.

Public Sector Staff Sick Leave

Ceisteanna (718)

Áine Collins

Ceist:

718. Deputy Áine Collins asked the Minister for Education and Skills the pay a teacher is entitled to when on long-term sick leave. [14581/15]

Amharc ar fhreagra

Freagraí scríofa

Following a review of sick leave arrangements, a new Public Service wide sick leave scheme has been introduced across the Public Service.

The Public Service Management (Recruitment and Appointments) (Amendment) Act 2013, provided the Minister for Public Expenditure and Reform with the power to make regulations that set out the specific details of the Public Service Sick Leave Scheme. These regulations are contained in SI 124 of 2014.

Circular letter 0059/2014 issued by my Department in July 2014 sets out the detailed conditions for granting of sick leave, from 1 September 2014, to Registered teachers in Recognised Primary and Post Primary schools and provides for the following:

- A maximum of 3 months (92 days) on full pay in a year

- Followed by a maximum of 3 months (91 days) on half pay

- Subject to a maximum of 6 months (183 days) paid sick leave in a rolling four year period. A teacher who becomes incapacitated as a result of a critical illness or serious physical injury may be granted extended paid sick leave, in exceptional circumstances of:

- A maximum of 6 months (183 days) on full pay in a year

- Followed by a maximum of 6 months (182 days) on half pay

- Subject to a maximum of 12 months (365 days) paid sick leave in a rolling four year period.

Where the relevant period of paid sick leave has been exhausted, a teacher with a minimum of 5 years' service at the end of the period of paid sick leave may, subject to certain conditions, be granted further leave with Temporary Rehabilitation Remuneration (TRR).

TRR will not exceed 18 months (548 days) in the case of ordinary illness. In the case of a teacher who has been granted extended sick pay under the critical illness provisions, he/she may have access to 12 months (365 days) TRR followed by a further period of TRR not exceeding 24 months (730 days). This further period of TRR is subject to six-monthly reviews.

Student Grant Scheme Representations

Ceisteanna (719)

Brendan Griffin

Ceist:

719. Deputy Brendan Griffin asked the Minister for Education and Skills if earnings paid in universal social charge will be disregarded as gross income in the higher education means testing system; and if she will make a statement on the matter. [14595/15]

Amharc ar fhreagra

Freagraí scríofa

The means test arrangements of the Student Grant Scheme are applied nationally on the same basis to both employed and self-employed applicants. Gross income before the deduction of income tax or universal social charge, is assessed with certain specified social welfare and Health Service Executive payments excluded.

The assessment of income from the same starting point is deemed to be fair and reasonable because this approach eliminates any distortion which might arise from different spending decisions in different households.

In the interest of equity, I have no plans to change the current arrangement.

School Enrolments

Ceisteanna (720)

Ruth Coppinger

Ceist:

720. Deputy Ruth Coppinger asked the Minister for Education and Skills her views on the religion of a child's parents being used to allocate school places; her views on religion not being a criteria for the allocation of school places; and if she will make a statement on the matter. [14598/15]

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. The enrolment policy must be non-discriminatory and must be applied fairly in respect of all applicants.

This Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in the area. Parents can choose which school to apply to and where the school has places available the pupil should be admitted. However, in schools where there are more applicants than places available a selection process may be necessary. 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, this may result in some pupils not obtaining a place in the school of their first choice.

Schools are not permitted to discriminate against an applicant for admission on any of the grounds set out in the Equal Status Act. However, the Equal Status Act, 2000 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 primary or post primary school whose objective is to provide education in an environment that promotes certain religious values may admit a student of a particular religious denomination in preference to other students. The legislation also provides that such a school can also refuse to admit a student who is not of that religion but only where the school proves that this refusal is essential to maintain the ethos of the school.

Schools that comply with the requirements of the equality legislation do not therefore discriminate on religious grounds.

I recently published the Education (Admission to Schools) Bill which does not propose changes to the existing equality legislation. However, the Bill will provide for schools to explicitly state in the school's admission policy that it will not discriminate against an applicant for admission on the grounds of disability, special educational needs, sexual orientation, family status, membership of the traveller community, race, civil status, gender or religion while including provision for single sex schools and denominational schools to reflect, in their admission policy, the exemptions applicable to such schools under equality legislation.

The Bill will also provide for schools to publish an enrolment policy which will include details of the school's arrangements for students who do not want to attend religious instruction.

Schools Administration

Ceisteanna (721)

Micheál Martin

Ceist:

721. Deputy Micheál Martin asked the Minister for Education and Skills if she will intervene in a situation involving a school in County Kilkenny to resolve a lengthy dispute between the parents of a child (details supplied) and the board of management of that school; the best method of resolving this dispute; and if she will make a statement on the matter. [14620/15]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that under the Education Act 1998, legally all schools are managed by school Boards of Management, on behalf of the school patrons or trustees. Accordingly, whereas I provide funding and policy direction for schools, neither I nor the Department have legal powers to instruct schools to follow a particular course of direction with regards to individual complaint cases, or to investigate individual complaints except where the complaint involves a refused enrolment, expulsion or suspension, in accordance with Section 29 of the 1998 Education Act.

In dealing with parental complaints, my Department's role is to clarify for parents how their grievances and complaints against schools can be progressed. Where a parent feels that the school's board of management has failed to investigate or adequately investigate their complaint, they should contact the Ombudsman for Children.

The Office of the Ombudsman for Children may independently investigate complaints about schools recognised with the Department of Education and Skills, provided the parent has firstly and fully followed the school's complaints procedures. The key criterion for any intervention by the Ombudsman for Children is that the action of the school has had a negative effect on a child. The office can be contacted at Ombudsman for Children's Office, Millennium House, 52-56 Great Strand Street, Dublin 1, (Ph) 1800 20 20 40 or (01) 8656800, E-mail oco@oco.ie

The Deputy may be aware that I plan to provide in law for a Parent and Student Charter. Providing parents with the rationale for any decision is important. If schools help parents to understand the basis for a decision parents are more likely to accept the fairness of decisions.

This charter may be underpinned by legislation if necessary. I believe there is a need to look at how a stronger culture of valuing parental involvement at the level of each individual school can be created.

Residential Institutions Redress Scheme Eligibility

Ceisteanna (722)

Clare Daly

Ceist:

722. Deputy Clare Daly asked the Minister for Education and Skills further to Parliamentary Question No. 226 of 26 March 2015, in which she stated that she had been advised by Caranua that there were no applicants awaiting contact for periods as long as nine or ten months, if she will reconcile that statement in view of the case of a person (details supplied). [14621/15]

Amharc ar fhreagra

Freagraí scríofa

My officials have been in touch with Caranua in relation to the specific case raised by the Deputy and Caranua are writing to the Deputy to outline the contacts it had with the individual concerned.

Physical Education Facilities

Ceisteanna (723)

Tom Fleming

Ceist:

723. Deputy Tom Fleming asked the Minister for Education and Skills if she will provide funding to build an Astro pitch at a school (details supplied) in County Kerry, in view of the fact that physical education is an integral part of the overall school curriculum, to help promote an understanding of a healthy lifestyle for children; and if she will make a statement on the matter. [14729/15]

Amharc ar fhreagra

Freagraí scríofa

My Department's over-riding objective is to ensure that every child has access to a physical school place and that our school system is in a position to cope with increasing numbers. This will continue to be the main focus for investment by my Department in the coming years therefore it is not possible to provide funding for the provision of an astroturf pitch at the school referred to by the Deputy.

School Patronage

Ceisteanna (724)

Terence Flanagan

Ceist:

724. Deputy Terence Flanagan asked the Minister for Education and Skills the position regarding the national school system (details supplied); and if she will make a statement on the matter. [14754/15]

Amharc ar fhreagra

Freagraí scríofa

There are no plans to change the existing primary school system. Some confusion may have arisen on this point and I would like to take the opportunity to clarify matters for the Deputy.

In the first instance it is important to explain the historical context in which the current patronage system has evolved and the arrangements whereby there is associated school property ownership by religious patrons. The historical and societal development of primary education provision in Ireland has resulted in the current school patronage system which is of a predominantly denominational nature. For many years, religious orders and local parishes were centrally involved in establishing and running schools in Ireland, leading to the majority of primary schools being under religious patronage.

There are in excess of 3,000 primary schools. Many of these are long-established and pre-date the foundation of the State. Most of our schools were founded on the initiative of a local patron, generally one of the main established churches (Catholic or Church of Ireland). Historically, the patron provided the site for the school and also contributed to the cost of building and running schools. The vast majority of primary schools are thus privately owned i.e. the site/building is owned by the relevant school patron.

Where state monies were provided to facilitate building works to school property owned by a third party, a legal mechanism had to be put in place in order to protect the State's interest. This was known as a Charging Lease or Declaration of Trust. These leases protect the Minister's capital investment in the school property and require that the property be used as a school for a set period.

It is important to clarify and to point out that there is no planned change to the status of primary schools. The ethos of a school is determined by the Patron. A Board of Management manages the school on behalf of the Patron. Section 15 (2) (b) of the Education Act, 1998 makes it clear that one of the duties of the Board of Management is to uphold the ethos of the school and to be accountable to the patron for doing so. That applies to any school (denominational or multi-denominational).

The arrangements referred to, in terms of agreement to put in place a Deed of Variation, which provide for a variation on the original terms of Charging Leases or Declarations of Trust, date back to the 1990s. As a result of negotiations in the late 1990s on the reconstitution of Boards of Management, an agreement was reached whereby patrons agreed to cede representatives on the Boards of Management in lieu of the Department agreeing to insert a Deed of Variation into the existing property lease. The objective of this Deed of Variation is to provide security for the denominational ethos of a school in cases where a patron or trustee owns the property. Discussions have taken place with the relevant patron bodies over the years to obtain a mutually acceptable solution which meets this objective and these discussions are ongoing.

Irish schools are catering for a significantly more diverse population nowadays than the population that they traditionally served. Many schools have made significant efforts to welcome this more diverse population. There has been a positive contribution by patrons, school management and teachers to welcoming pupils including those from different cultural and belief backgrounds.

With regard to admission policies, irrespective of property or Charging Lease arrangements, it is the responsibility of the managerial authorities of all schools to implement an enrolment policy in accordance with the Education Act, 1998. The enrolment policy must be non-discriminatory and must be applied fairly in respect of all applicants. 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 primary or post primary school whose objective is to provide education in an environment that promotes certain religious values may admit a student of a particular religious denomination in preference to other students. The legislation also 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.

The objective of the recently published Education (Admission to Schools) 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.

The Bill does not propose changes to the existing equality legislation. However, the Bill provides for schools to explicitly state in the school's admission policy that it will not discriminate against an applicant for admission on the grounds of disability, special educational needs, sexual orientation, family status, membership of the traveller community, race, civil status, gender or religion.

The Bill provides for schools to publish an enrolment policy which will include details of the school's arrangements for students who do not want to attend religious instruction.

Student Universal Support Ireland Administration

Ceisteanna (725)

Dara Calleary

Ceist:

725. Deputy Dara Calleary asked the Minister for Education and Skills the reason a person (details supplied) in County Mayo was initially informed that the person would receive the special rate of student grant, only to have this offer withdrawn one month later; her views on the fairness of this matter; and if she will make a statement on the matter. [14763/15]

Amharc ar fhreagra

Freagraí scríofa

As part of a comprehensive customer service and communications strategy provided by Student Universal Support Ireland (SUSI), to ensure that all necessary avenues are open to applicants to receive the information they need, a dedicated email and phone line service is provided by SUSI for Oireachtas members. This was established to meet an identified need for applicants who choose to engage the assistance of their public representatives in making enquiries about their grant applications.

This service compliments the established channels provided by SUSI which include online application tracking, a dedicated website, a telephone helpdesk, email and social media, including Facebook and Twitter.

Enquiries may be emailed direct to SUSI at oireachtas@susi.ie. SUSI is responding to email queries within a matter of days.

Teachers' Remuneration

Ceisteanna (726)

Jonathan O'Brien

Ceist:

726. Deputy Jonathan O'Brien asked the Minister for Education and Skills her plans to address pay issues for teachers. [14764/15]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Minister for Public Expenditure and Reform has said that discussions will take place with public service unions in the coming weeks, and will focus in the first place on the gradual unwinding of the emergency measures implemented under the FEMPI Acts.

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