Jonathan O'Brien
Ceist:727. Deputy Jonathan O'Brien asked the Minister for Education and Skills her plans to improve pay and conditions for grant-paid school secretaries; and if she will make a statement on the matter. [14765/15]
Amharc ar fhreagraSchool Services Staff
Ceisteanna (727)
Freagraí scríofa
The majority of primary and voluntary secondary schools in the Free Education Scheme now receive capitation grant assistance to provide for secretarial (and/or caretaking) services. Within the capitation grant schemes, it is a matter for each individual school to decide how best to apply the grant funding to suit its particular needs and the Department does not stipulate how secretarial services are to be obtained. Where a school uses the grant funding to employ a secretary, such staff are employees of individual schools. My Department therefore does not have any role in determining the pay and conditions under which they are engaged. These are matters to be agreed between the staff concerned and the school authorities.
Notwithstanding the above, a forum was established under the Towards 2016 Agreement involving my Department, the Department of Public Expenditure and Reform, IMPACT and SIPTU to examine the factual position in schools regarding the terms and conditions of employment of secretaries (and caretakers) employed using grant funding. However, it was not possible to progress the forum's agenda beyond the initial fact finding survey, due to the State's budgetary and financial position. It was agreed that the forum would consider appropriate measures in relation to the rates of pay of school secretaries and caretakers in the event that a review of the Public Service Agreements recommended changes to the benefit of those public servants earning €35,000 or less per annum. This is currently the priority for the Forum and discussions are ongoing. Secretaries employed by schools using grant funding are not regarded as public servants except for the purposes of the pay reduction under the Financial Emergency Measures in the Public Interest (No.2) Act 2009, due to the definition of "public servant" used in that Act. The fact that such staff come within the definition of "public servant" solely for the purposes of the Act does not alter their employment status in any other respect.
Industrial Disputes
Ceisteanna (728)
Jonathan O'Brien
Ceist:728. Deputy Jonathan O'Brien asked the Minister for Education and Skills her plans to address the industrial dispute at Saint Angela’s College in County Sligo; and if she will make a statement on the matter. [14766/15]
Amharc ar fhreagraFreagraí scríofa
I am aware that issues have arisen in relation to the proposed incorporation of St. Angela's College within NUI Galway. I have made it clear that there should be direct engagement with staff and their unions on industrial relations issues arising from the proposed incorporation and my Department has recently written to St. Angela's College and NUI Galway to confirm this.
Sick Pay Scheme Reform
Ceisteanna (729)
Jonathan O'Brien
Ceist:729. Deputy Jonathan O'Brien asked the Minister for Education and Skills her views on recent calls by teachers to introduce a regularised leave system for teachers who have been assaulted in the workplace, in order that those teachers do not have to use their own sick leave for recovery time. [14767/15]
Amharc ar fhreagraFreagraí scríofa
The Department's sick leave scheme provides for sick leave to be granted to a teacher who is unable to perform his/her duties because of illness or injury. The terms of the sick leave scheme are contained in Department Circular 0059/2014 Sick Leave Scheme for Registered Teachers in Recognised Primary and Post-Primary Schools.
Department Circular 40/97, Assaults on Teachers/School Employees, outlines the policy to be adopted in primary schools where incidents of assault arise. This includes compliance with the Safety, Health and Welfare at Work Act as regards identifying hazards, assessing risks and putting in place appropriate safeguards and preventative measures. The Circular also provides for an application for assault leave to be made to the Department. Where Assault Leave is granted, such leave is paid in full and does not form part of the teacher's sick leave record.
Teaching Contracts
Ceisteanna (730)
Jonathan O'Brien
Ceist:730. Deputy Jonathan O'Brien asked the Minister for Education and Skills her plans to address casualisation of the teaching profession; and if she will make a statement on the matter. [14768/15]
Amharc ar fhreagraFreagraí scríofa
The report of the Expert Group on Fixed-Term and Part-Time Employment in Primary and Second Level Education in Ireland was published in September 2014. At the time of publication I gave a commitment to implement the report with effect from September 2015. Following consultation with the education partners Circulars 23/2015 and 24/2015 detailing the arrangements and procedures for the implementation of the recommendations of the report were published on March 27th 2015. One of the key features of the new procedures is that the qualification period for the granting of an initial Contract of Indefinite Duration (CID) is reduced from a period of continuous employment in excess of three years with the same employer to a period of continuous employment in excess of two years.
The arrangements and procedures as set out in these circulars are for implementation from the commencement of the 2015/16 school year.
Copies of these circulars are available on my Department's website at the following link http://www.education.ie/en/Schools-Colleges/Information/Employment-Terms-and-Conditions/Fixed-Term-Contracts.html.
Schools Building Projects Applications Data
Ceisteanna (731)
Clare Daly
Ceist:731. Deputy Clare Daly asked the Minister for Education and Skills the number and location of schools built under the Fingal schools model; and if he will provide details of any such buildings presently planned for development. [14791/15]
Amharc ar fhreagraFreagraí scríofa
A listing of the schools referred to by the Deputy is currently being compiled and will be forwarded to the Deputy shortly.
Schools Extra Curricular Activities
Ceisteanna (732)
Eamon Gilmore
Ceist:732. Deputy Eamon Gilmore asked the Minister for Education and Skills if planning permission is needed to run a crèche and-or afterschool facility in a school; the requirements for running such a facility; the factors to be taken into consideration when making a decision; and if she will make a statement on the matter. [14820/15]
Amharc ar fhreagraFreagraí scríofa
The vast majority of primary school buildings in the country are in private ownership. How schools in private ownership use part of an existing school building for alternative use during the school day is set out in the Constitution of Boards and Rules of Procedure 2011. Section 18 draws attention to Circular Letter Prim 16/05 issued to all Boards of Management in respect of the Sharing of School Facilities with the Community. The purpose of this circular was to urge Trustees and Boards of Management to give serious consideration to such requests where possible. In urging and encouraging the Trustees and Boards to respond sensitively to this need, the Department fully appreciates that the decision ultimately lies with the relevant Board or Trustees and that the first priority at all times should be the interest of the school, its teachers and pupils. While the use of a school premises during the school day, for purposes other than regular school business must have my prior approval, in practice my Department is not always informed of such proposals. School Authorities must, in any event, comply with current building and planning regulations.
Any private or community crèche must be registered with the Child and Family Agency and compliant with the 2006 Child Care (Pre-School Services) (No 2) Regulations. These Regulations come under the auspices of the Department of Children and Youth Affairs as will the eventual Regulation of out of school or school aged childcare.
State Examinations
Ceisteanna (733)
Terence Flanagan
Ceist:733. Deputy Terence Flanagan asked the Minister for Education and Skills if she will clarify the position in respect of a student suffering an illness (details supplied) during State examinations; and if she will make a statement on the matter. [14829/15]
Amharc ar fhreagraFreagraí scríofa
The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations.
In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.
State Examinations
Ceisteanna (734)
Michael McGrath
Ceist:734. Deputy Michael McGrath asked the Minister for Education and Skills the reason a person (details supplied) in County Cork with special educational needs is not being allowed a scribe for the leaving certificate examination except for mathematics; if she will review this case in view of the circumstances [14839/15]
Amharc ar fhreagraFreagraí scríofa
The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations.
In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.
School Staff
Ceisteanna (735)
Tom Fleming
Ceist:735. Deputy Tom Fleming asked the Minister for Education and Skills if she will retain the current teaching complement at a school (details supplied) in County Kerry; and if she will make a statement on the matter. [14841/15]
Amharc ar fhreagraFreagraí scríofa
The staffing arrangements for primary schools for the 2015/16 school year are set out in Department Circular 0005/2015 which is available on my Department's website at www.education.gov.ie. The circular sets out the improvements to the staffing schedule for the 2015/16 school year for small schools. These improvements are improved retention thresholds for the 2nd, 3rd and 4th classroom teacher and also the improved appointment and retention thresholds for isolated one-teacher schools.
An appeals process is also available to small schools. Details of the appeals criteria are set out in Circular 0005/2015. The first meeting of the Primary Staffing Appeals Board was held in March, 2015. The next meeting of the Appeals Board will be held in May, 2015.
The Primary Staffing Appeals Board operates independently of the Department and its decision is final.
Schools Designation
Ceisteanna (736)
Michael Ring
Ceist:736. Deputy Michael Ring asked the Minister for Education and Skills the date a review took place regarding the issue of the status of a school (details supplied) in County Mayo under the delivering equality of opportunity in schools scheme; if there is an ongoing review taking place and, if so, when this review will be completed; and if she will make a statement on the matter. [14846/15]
Amharc ar fhreagraFreagraí scríofa
As the Deputy may be aware, an extensive identification process to select schools for inclusion in DEIS was conducted in 2005. In spite of reminders issued to the school in question, a completed survey form was not received and therefore it could not be assessed for participation in DEIS. Further, an appeal mechanism was put in place in 2006 to address the concerns of schools which did not qualify for inclusion in DEIS but regarded themselves as having a level of disadvantage which was of a scale sufficient to warrant their inclusion in the programme.
Many representations have been made to my Department and to my predecessors, by and on behalf of this school, seeking its inclusion in DEIS. These representations were unsuccessful. It should be noted that none of the existing schools in the country, which were unsuccessful in the initial identification and subsequent review processes, were ever admitted into the DEIS programme. The school did not participate in the appeal process. The question of a further review of the position of individual schools including this school does not arise.
As the Deputy will be aware, I have recently announced a process for the assessment of the DEIS Programme which includes the development over the coming school year of a new identification process for schools. In the meantime I do not propose to make any changes to the Programme.
Schools Building Projects Status
Ceisteanna (737)
Éamon Ó Cuív
Ceist:737. Deputy Éamon Ó Cuív asked the Minister for Education and Skills the progress made with retendering a project for a school building (details supplied) in County Galway; when a contractor will be appointed to this project; the expected date for the commencement of building; and if she will make a statement on the matter. [14861/15]
Amharc ar fhreagraFreagraí scríofa
The Design Team for the project referred to by the Deputy is currently finalizing the tender documentation and preparing the prequalification of contractors list with a view to proceeding to re-tender shortly.
The project remains on the Departments Construction Programme and will be progressed through a new tender process over the coming months. The new tender process will provide both the school and the Department with greater certainty with regard to the appointment of a Contractor to commence the construction of the new school in 2015. The dates for the events referred to by the Deputy will only become apparent as the tender process is progressed but the school authority will be kept fully informed regarding these developments as they occur.
School Patronage
Ceisteanna (738)
Thomas P. Broughan
Ceist:738. Deputy Thomas P. Broughan asked the Minister for Education and Skills the planned changes to the status of national schools; the proposals regarding the introduction of a lease by deed of variation; and if she will make a statement on the matter. [14880/15]
Amharc ar fhreagraFreagraí 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.
Departmental Reports
Ceisteanna (739)
Seán Kyne
Ceist:739. Deputy Seán Kyne asked the Minister for Education and Skills the status of the report on researching the policies and practices in other jurisdictions such as Wales and the Catalan region in Spain that are comparable socio-linguistically to Gaeltacht areas, as identified in the 20 Year Strategy for the Irish Language 2010 to 2030. [14886/15]
Amharc ar fhreagraFreagraí scríofa
The Department of Education and Skills commenced a review of Gaeltacht education in 2014, as part of the Department's commitment to the 20 Year Strategy for the Irish Language 2010 - 2030 and to the implementation of the Gaeltacht Act 2012.
Four reports, including the one referred to in your question which considers the international perspective, were commissioned to inform the review. The findings of the four reports have, in fact, informed the development of draft policy proposals to strengthen Irish-medium education in Gaeltacht areas. The review is demonstrating clearly the considerable challenges facing Gaeltacht schools and, in particular, the requirement to provide for the learning needs of Gaeltacht children whose home language is Irish. The international perspective in that report has provided a number of models which have been considered.
The Minister for Education and Skills will shortly seek the consent of the Cabinet to publish the draft policy proposals, including the background reports. Following such consent, it is proposed to hold a public consultation process in 2015 with, in particular, Gaeltacht communities so as to seek their views on the draft proposals. It is proposed to finalise the policy proposals in light of the consultation process and to bring these findings back to Government by the end of the year.
The Minister has already acknowledged that Gaeltacht schools would require a range of additional supports to enable them to address the specific needs of their students.
Special Educational Needs Service Provision
Ceisteanna (740)
Dara Calleary
Ceist:740. Deputy Dara Calleary asked the Minister for Education and Skills the changes that have been introduced to special education support services; the rationale behind these changes; and if she will make a statement on the matter. [14914/15]
Amharc ar fhreagraFreagraí scríofa
The Deputy will be aware that I recently announced the establishment within the National Council for Special Education of a new Inclusion Support Service to assist schools in supporting children with special educational needs.
This service will include the Special Education Support Service (SESS), the National Behaviour Support Service (NBSS) and the Visiting Teacher Service for children who are deaf/hard of hearing and for children who are blind/visually impaired (VTSVHI) which until now have been managed by the Department. This change is to take immediate effect and is consistent with recommendations of NCSE reports and with the review of the VTSVHI.
This change will mean that schools will receive a better and more integrated service. The Inclusion Support Service will build on the existing good work and support which NBSS, SESS and VTSVHI provide to children and their families as well as to teachers and schools and which will continue as normal as the new arrangements are put in place.
Considerations with regard to the manner in which the new Inclusion Support Service will be incorporated within the existing NCSE operational structures, and the financial implications which may arise from the amalgamation of these bodies, is ongoing, and will be established during the course of the integration of the services.
There are transitional arrangements in place to facilitate the continuing operation of the SESS during the transition phase to the new Inclusion Support Service (ISS).