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Tuesday, 27 Sep 2016

Written Answers Nos. 226-242

Garda Vetting of Personnel

Ceisteanna (226)

Brendan Griffin

Ceist:

226. Deputy Brendan Griffin asked the Minister for Education and Skills if special needs assistants can be Garda vetted by the Teaching Council to allow them work in a number of schools without having to get individual approval for each school in the same year; and if he will make a statement on the matter. [26446/16]

Amharc ar fhreagra

Freagraí scríofa

Since the introduction in 2006 of the non-statutory Garda vetting arrangements, the Teaching Council has played a central role in the vetting of registered teachers both for the purposes of registration with the Council and as a conduit for school employers for the purposes of the vetting of registered teachers for employment.  

Under the non-statutory vetting arrangements, vetting of non-teaching staff (such as Special Needs Assistants (SNAs)) and others was conducted via the relevant diocesan office or school management body which acted as the conduit for schools for this purpose. In the case of ETB schools, vetting of such persons was conducted via the relevant ETB.

Garda vetting procedures were placed on a statutory basis in April 2016 with the commencement, by my colleague the Minister for Justice and Equality, of the relevant provisions of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016.  

At the same time, I separately commenced the vetting related provisions of the Teaching Council (Amendment) Act, 2015 which put the Teaching Council’s role in the vetting of teachers on a statutory basis. The Teaching Council (Amendment) Act, 2015 has also enabled the Teaching Council to put in place a streamlined mechanism that allows school employers to meet the statutory vetting requirements in respect of registered teachers in a timely and efficient manner. However, in accordance with its statutory remit in respect of the teaching profession, the Council’s role in respect of vetting applies to teachers only. As SNAs are not registered teachers, the Teaching Council has no role in relation to their Garda vetting.

Under the new statutory vetting procedures, the relevant diocesan office or school management body continues to be recognised as the relevant conduit organisation for the vetting of SNAs and other non-teaching staff employed by schools and in the case of ETB schools the relevant ETB also continues to be the relevant organisation for such vetting.

School Transport

Ceisteanna (227)

Kevin O'Keeffe

Ceist:

227. Deputy Kevin O'Keeffe asked the Minister for Education and Skills if he will consider sanctioning a specific professional to assist a person (details supplied). [26447/16]

Amharc ar fhreagra

Freagraí scríofa

School transport is a significant operation managed by Bus Éireann on behalf of the Department.

During the 2015/16 school year in the region of 114,000 children, including some 10,000 children with special educational needs, were transported in approximately 4,000 vehicles on a daily basis to primary and post-primary schools annually throughout the country covering over 100 million kilometres.

The child in question is eligible for school transport under the terms of my Department's School Transport Scheme for Children with Special Educational Needs. My Department also allocates funding to schools, for the employment of escorts to accompany children who are eligible for school transport and whose care and safety needs are such as to require the support of an escort.

The provision of health care services, such as nurse-provided care, is a matter for the Health Service Executive and the Department of Health.

School Transport Eligibility

Ceisteanna (228)

Billy Kelleher

Ceist:

228. Deputy Billy Kelleher asked the Minister for Education and Skills if he will review the case of a person (details supplied) regarding school transport. [26468/16]

Amharc ar fhreagra

Freagraí scríofa

School transport is a significant operation managed by Bus Éireann on behalf of the Department.

During the 2015/16 school year in the region of 114,000 children, including some 10,000 children with special educational needs, were transported in approximately 4,000 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres annually.

In general, children with special educational needs are eligible for school transport if they are attending the nearest recognised mainstream school or unit that is or can be resourced, to meet their special educational needs under Department of Education and Skills' criteria.

Eligibility is determined following consultation with the National Council for Special Education through its network of Special Education Needs Organisers.

The provision of therapeutic services such as Speech and Language Therapy, Occupational Therapy, Psychological Services etc. which are matters for the Health Service Executive are not a factor in identifying the nearest recognised placement for transport eligibility purposes.

In this case, it does not seem that the child in question is attending the nearest school that is resourced to meet her special educational needs and is therefore not eligible for school transport.

However, my Department will review the case in question.

Student Grant Scheme Eligibility

Ceisteanna (229)

Willie O'Dea

Ceist:

229. Deputy Willie O'Dea asked the Minister for Education and Skills if he will extend the SUSI grant scheme to students (details supplied) in view of the fact that the college they attend can be designated as an outreach college of UCD; and if he will make a statement on the matter. [26469/16]

Amharc ar fhreagra

Freagraí scríofa

The college to which the Deputy refers is an approved Post Leaving Certificate (PLC) centre which is managed and funded by City of Dublin Educational and Training Board (CDETB) from funding provided by my Department.

Post Leaving Certificate Centres provide further education courses up to Level 6 on the National Framework of Qualifications (NFQ). My Department has facilitated the provision by the College, of a course accredited by a third level institution at Level 8 on the NFQ, as an exceptional measure.

However, in line with Section 7 of the Student Support Act, 2011, only PLC courses provided by this PLC Centre are 'approved institutions' for the purposes of the student grant scheme.

Special Educational Needs Staff

Ceisteanna (230)

John McGuinness

Ceist:

230. Deputy John McGuinness asked the Minister for Education and Skills the number of special needs assistants (SNAs) being appointed to counties Carlow and Kilkenny out of the 7% increase announced by him; if he will arrange a different process of informing SNAs that they have lost their post other than by public information on a website; if individual SNAs will be informed in a more personal way; if job security for SNAs will be introduced; if his Department will engage with the SNA sector to deal with this and other issues; if all school principals are compelled to work with the job description of an SNA as set down in contract; and if he will make a statement on the matter. [26479/16]

Amharc ar fhreagra

Freagraí scríofa

The National Council for Special Education (NCSE), through its network of locally based Special Educational Needs Organisers (SENOs) allocates Special Needs Assistants (SNAs) to schools for children with special educational needs (SEN) arising from a disability. SNA support is provided to a school to provide for the significant additional care needs of children with an identified SEN who require such support to attend school. 

SNAs are a school based resource, they are not allocated to individual children, and while the assessed care needs of each individual child underpins the allocation of SNA support to the school, the management and deployment of SNAs is a matter for the school and should be organised by the school in a manner which appropriately meets the significant care needs of the children concerned. 

SNA allocations to all schools can change from year to year as children with care needs leave the school, as new children with care needs enrol in a school and as children develop more independent living skills and their care needs diminish over time.

The SNA allocations for Primary, Post Primary and Special Schools in Co. Carlow and Co. Kilkenny are set out in the table, which shows the position at the end of the 2015/16 school year and the adjustment for the start of the 2016/17 school year.

-

Primary Schools

-

-

Post Primary Schools

-

-

County

Year end 2015/16

Start of year

2016/17

Adjustment

Year end

2015/16

Start of year 2016/2017

Adjustment

Carlow

88.24

86.83

-1.41

30.50

31.50

1.00

Kilkenny

106.52

107.60

1.08

38.75

35.75

-3.00

--

Special Schools

-

-

County

Year end 2015/16

Start of year

2016/17

Adjustment

Carlow

45.00

49.00

4.00

Kilkenny

88.00

86.00

-2.00

When an employer has an SNA vacancy to fill, they must undertake the recruitment process in accordance with the provisions outlined in Circular 0035/2016 “Recruitment of Special Needs assistants (SNAs) – Supplementary Assignment Arrangements for the 2016/17 school year”.  Sections 1 through to 8 of this circular also set out the process which must be followed by an employer when an SNA is notified that he/she is to be made redundant. It is a matter for the employer to formally notify the employee of the redundancy in line with the process as set out in Circular 0035/2016.

The supplementary assignment arrangements for Special Needs Assistants (SNAs) were established on foot of proposals brought forward by the Labour Relations Commission when the Haddington Road Agreement was being agreed. These supplementary assignment arrangements for SNAs continue to operate under the Lansdowne Road Agreement, and both unions representing SNAs, namely SIPTU and IMPACT, have signed up to that agreement. As set out in the LRC proposals, the supplementary assignment arrangements for SNAs only apply to current SNAs who are notified that they are to be made redundant. Accordingly, the purpose of these arrangements is to facilitate eligible SNAs who are being made redundant by one employer in filling SNA vacancies that may become available in another school/ETB.

Circular 35/2016 details the supplementary assignment arrangements for SNAs for the 16/17 school year and also outlines that where a school/ETB has an additional allocation of SNA hours/posts, then that additional allocation of hours/posts must be offered to any existing part-time SNAs in that employment, in order of seniority, before the employer has recourse to recruitment. This circular builds on the introduction of a supplementary assignment panel process for SNAs which was introduced three years ago, giving SNAs the alternative of redeployment instead of redundancy, giving SNAs greater stability and a better chance of a full-hours contract.

The purpose of these arrangements is to facilitate eligible SNAs who are being made redundant by one employer in filling SNA vacancies that may become available in another school/ETB. Furthermore, it means that, before an employer opts to recruit a further person as an SNA(s), they must ensure that all existing part-time SNAs in their employment, in order of seniority, have been offered a full-time position in the school or, in the case of ETBs, a full-time position in a school within the ETB scheme. This does not prevent any person from applying for SNA vacancies but employers are obliged to give precedence to applicants who are members of the SNA Supplementary Assignment Panel.

An annual review of the operation of the supplementary assignment arrangements is conducted in conjunction with an independent Supplementary Assignment Manager, the Department, school Managerial Authorities and the Unions with a view to making any amendments deemed necessary to improve upon the operation of these arrangements.

The terms and conditions of employment of SNAs is as outlined in their contracts of employment which were agreed with the school management authorities and the relevant Trade Unions representing SNAs (IMPACT and SIPTU) prior to their introduction in 2005. The agreement reached between the parties found expression in the two circular letters issued in 2005 detailing the contracts of employment for SNAs.

Links to the SNA Contracts of Employment are as follows:

Department of Education and Skills Circular SNA 12/05 (Post-Primary) http://www.education.ie/en/Circulars-and-Forms/Active-Circulars/sna12_05.pdf.

Department of Education and Skills Circular SNA 15/05 (Primary) http://www.education.ie/en/Circulars-and-Forms/Popular-forms/S-15-05-Contract-Form.pdf.

This contract of employment is augmented by all of the relevant Departmental Circulars governing Special Needs Assistants which detail the standardised terms and conditions of employment for SNAs. These Circulars are amended and new Circulars are issued by the Minister for Education and Skills from time to time.

Schools Site Acquisitions

Ceisteanna (231)

Michael McGrath

Ceist:

231. Deputy Michael McGrath asked the Minister for Education and Skills the progress in identifying and securing a permanent site for a primary school (details supplied); when he expects to commence construction of the new school. [26486/16]

Amharc ar fhreagra

Freagraí scríofa

A site acquisition process for the school referred to by the Deputy is underway. A site option has been identified and it is being actively progressed.

When a site has been secured, the project for the school in question will be progressed into the architectural planning process.

Schools Building Projects Status

Ceisteanna (232)

Tony McLoughlin

Ceist:

232. Deputy Tony McLoughlin asked the Minister for Education and Skills his plans to provide a new school building to the students and staff at a school (details supplied) due to the conditions of its current building; and if he will make a statement on the matter. [26491/16]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that a project for the school to which he refers is included in my Department's 6 Year Capital Programme. The project for the school in question will be progressed with a view to proceeding to tender and construction stages in the period 2019 - 2021, as outlined in the Programme.

My Department is currently finalising the school project brief and once this process is complete, my Department will be in contact with the school concerned regarding the progressing of the project into the Architectural Planning process.

Schools Building Projects Status

Ceisteanna (233)

Robert Troy

Ceist:

233. Deputy Robert Troy asked the Minister for Education and Skills when he will make funding available to carry out works on a new building for a school (details supplied); and if he will prioritise this work due to the fact that this school is operating over its maximum capacity. [26500/16]

Amharc ar fhreagra

Freagraí scríofa

The building project referred to by the Deputy is at an advanced stage of architectural planning. All statutory approvals have been obtained and the Stage 2b submission has been approved by the Department.

However, on 1st January 2016 there were 66 major projects under construction. Since the start of this year 50 more major projects have been progressed to construction or authorised to progress through the tender process with a view to starting on site in the coming months. That represents a total of 116 major projects either under construction or progressing to commence construction in 2016. These projects were authorised to proceed under previous Minister O'Sullivan, and this means that the existing contractual commitments for 2016 now fully account for the funding which was allocated for 2016 by the previous Minister and carry a significant contractual commitment into 2017.

While the project for the school in question was included on the 5 year Construction Programme 2012-2016 it was not at a sufficiently advanced stage to be considered for inclusion with those projects when they were authorised to proceed to tender earlier this year. 

Officials of the Department will continue to closely monitor expenditure on existing contractual commitments over the coming months and, as funding allows, other projects, including the project for this school will be considered for progression through the tender process with a view to starting on site as soon as possible.

Emergency Works Scheme Applications

Ceisteanna (234)

Charlie McConalogue

Ceist:

234. Deputy Charlie McConalogue asked the Minister for Education and Skills if he will reconsider his decision not to grant emergency works funding to a school (details supplied); and if he will make a statement on the matter. [26501/16]

Amharc ar fhreagra

Freagraí scríofa

The school referred to by the Deputy submitted an Emergency Works Application to replace a fence around the senior playground. This application was not successful as the scope of works is outside the terms of the scheme.

The purpose of the emergency works scheme is solely to address emergencies which are sudden, unforeseen and, if not corrected, would prevent the school or part thereof from opening. The school in question has received a minor works grant over the last number of years and the purpose of this grant is to address issues such as repairs to the fence in question.

Emergency Works Scheme Applications

Ceisteanna (235)

Charlie McConalogue

Ceist:

235. Deputy Charlie McConalogue asked the Minister for Education and Skills the status of an emergency works application for a school (details supplied); and if he will make a statement on the matter. [26511/16]

Amharc ar fhreagra

Freagraí scríofa

The school referred to by the Deputy was advised in July 2016 that their application for an emergency works funding was unsuccessful. The school authority were requested to submit a revised application for scaled back works. To date this revised application has not been received.

School Transport Eligibility

Ceisteanna (236)

Paul Kehoe

Ceist:

236. Deputy Paul Kehoe asked the Minister for Education and Skills the status of a remote area grant in respect of a person (details supplied); and if he will make a statement on the matter. [26525/16]

Amharc ar fhreagra

Freagraí scríofa

My Department is reviewing the matter of payment of the Remote Area Grant and will contact the family directly within the next two weeks.

School Transport Review

Ceisteanna (237)

Brendan Griffin

Ceist:

237. Deputy Brendan Griffin asked the Minister for Education and Skills if the review of the concessionary charges and rule elements of the school transport scheme have been completed; and if he will make a statement on the matter. [26527/16]

Amharc ar fhreagra

Freagraí scríofa

The Programme for Government commits to review the concessionary charges and rules element of the School Transport Scheme prior to Budget 2017. This review is currently underway.

School Transport Review

Ceisteanna (238)

Brendan Griffin

Ceist:

238. Deputy Brendan Griffin asked the Minister for Education and Skills if the review of the concessionary charges and rule elements of the school transport scheme will take into account the annual difficulties with school transport at a location (details supplied); and if he will make a statement on the matter. [26528/16]

Amharc ar fhreagra

Freagraí scríofa

School transport is a significant operation managed by Bus Éireann on behalf of the Department.

During the 2015/16 school year in the region of 114,000 children, including some 10,000 children with special educational needs, were transported in approximately 4,000 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres annually.

The Programme for Government commits to review the concessionary charges and rules element of the School Transport Scheme prior to Budget 2017.

This review, which is underway, will identify issues in relation to current rules and charges relating to concessionary places under the School Transport Scheme with a view to maximising the effectiveness of available services for children.

Schools Building Projects Status

Ceisteanna (239)

Darragh O'Brien

Ceist:

239. Deputy Darragh O'Brien asked the Minister for Education and Skills if he will arrange for the urgent approval of stage 2b for a school (details supplied) in order that the new school building project can proceed to tender stage; and if he will make a statement on the matter. [26534/16]

Amharc ar fhreagra

Freagraí scríofa

The building project for the school to which the Deputy refers is at an advanced stage of architectural planning. All statutory approvals have been obtained and the Stage 2b submission has been approved by my Department.

Arising from significant changes to the Public Works Contract (PWC) introduced earlier this year, the Board of Management and their Design Team have been advised of the need to carry out further work in relation to the tender documents to bring them into line with those changes. When this work is complete my Department will be in further contact with the school regarding the timeline for the further progression of the project.

School Transport

Ceisteanna (240)

Robert Troy

Ceist:

240. Deputy Robert Troy asked the Minister for Education and Skills if he will provide an escort for a person (details supplied) attending mainstream primary education; and if he will make a statement on the matter. [26557/16]

Amharc ar fhreagra

Freagraí scríofa

School transport is a significant operation managed by Bus Éireann on behalf of the Department.

During the 2015/16 school year in the region of 114,000 children, including some 10,000 children with special educational needs, were transported in approximately 4,000 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres annually .

Bus Éireann has advised that the child in question is availing of mainstream school transport.

Bus escorts are not a feature of school transport services operating under my Department's Primary or Post Primary School Transport Schemes. Consequently, the appointment of an escort on the service being availed of by the child in question cannot be approved.

Special Educational Needs Service Provision

Ceisteanna (241)

Michael McGrath

Ceist:

241. Deputy Michael McGrath asked the Minister for Education and Skills the position regarding the provision of resource hours in respect of a person (details supplied) in school in County Cork; and if he will make a statement on the matter. [26591/16]

Amharc ar fhreagra

Freagraí scríofa

The National Council for Special Education (NCSE), which is an independent statutory agency, is responsible, through its network of locally based Special Educational Needs Organisers (SENOs) for the allocation of Special Educational needs supports, including Low Incidence Teaching Hours (LITH) support to schools for students with special educational needs (SEN) arising from a disability. 

Responsibility for deciding on the quantum of special educational needs supports and resources to be allocated to schools to support individual pupils with special educational needs, rests with the NCSE.

Additional teaching resources are allocated to recognized primary and post-primary schools for the support of individual students with complex and enduring special educational needs and who have been assessed as having a low incidence disability.

Each year the NCSE allocates Low Incidence Resource Teacher posts to schools to support children with a diagnosis of a disability and an assessed level of need, as set out in Circular Sp Ed 02/05.

Where a school wishes to appeal the resource teaching support allocation which has been made to them, they may do so through the NCSE appeal process, details of which are set out at www.ncse.ie. The option to invoke the NCSE appeals process is open to the school attended by the child in question. All schools have the contact details of their local SENO, while parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on the NCSE website.

An application for LITH was received by the NCSE on the 29th February which did not meet my Department’s criteria for support; the school was informed on 22nd March.  Further information was submitted with another application after the deadline date for Round 1 allocations had passed. 

A new application with reports was received by the SENO on the 20th September, the deadline date for receipt of applications for Round 2 LITH allocations. This application remains under consideration. The NCSE intends to publish 2nd round LITH allocations for all schools in mid-October.

School Transport Eligibility

Ceisteanna (242)

Michael Healy-Rae

Ceist:

242. Deputy Michael Healy-Rae asked the Minister for Education and Skills the position regarding a bus service (details supplied) in County Kerry; and if he will make a statement on the matter. [26600/16]

Amharc ar fhreagra

Freagraí scríofa

School transport is a significant operation managed by Bus Éireann on behalf of the Department.

During the 2015/16 school year in the region of 114,000 children, including some 10,000 children with special educational needs, were transported in approximately 4,000 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres annually.

As the Deputy is aware, under the terms of my Department's Post Primary School Transport Scheme children are eligible for school transport where they reside not less than 4.8 kilometres from and are attending their nearest education centre as determined by the Department/Bus Éireann, having regard to ethos and language.

Bus Éireann which operates the School Transport Scheme has advised that the children referred to by the Deputy are not attending their nearest post primary school and are therefore not eligible for school transport.

In general children who are not eligible for school transport may apply for transport on a concessionary basis subject to a number of terms and conditions that are detailed in the scheme. The availability of concessionary transport may vary from year to year and is not available on public scheduled services.

Seats for concessionary applicants are allocated after all eligible children have been accommodated on school transport services. This exercise normally takes place after the closing date for receipt of payments. Where seats are limited a random selection process is used.

While it is the prerogative of parents to send their children to the school of their choice, eligibility for school transport at post primary level is to the nearest education centre/school.

The terms of the scheme are applied equitably on a national basis.

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