Dáil Éireann Debate, Thursday - 11 May 2017
104. Deputy Charlie McConalogue asked the Minister for Education and Skills if he will review a situation at a school involving a person (details supplied) with a view to allowing the person to continue employment for an additional year; if discretionary measures can be applied to this particular case; and if he will make a statement on the matter. [22477/17]
Amharc ar fhreagraIn accordance with the Superannuation scheme a Special Needs Assistant (SNA) who is not "a new entrant" under the terms of the Public Service Superannuation (Miscellaneous Provisions) Act 2004, must retire at the end of the school year in which he/she reaches age 65.
The abolition of the compulsory retirement age under the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies to new entrants only. The retirement provisions, which apply to public servants (including SNAs) who are not new entrants, are not affected by the Act.
There is a provision in Circular 41/2011 which enables a retired SNA to be employed by a school post retirement: "Where an SNA who is retired and is in receipt of a pension returns to the position of an SNA on or after 1 January 2011, s/he will start on the first point of the post 1 January 2011 incremental salary scale”. In the event that a person who has retired on pension is subsequently re-employed, within a period of 26 weeks after retirement this subsequent employment will be in a non-pensionable capacity.
The SNA scheme provides recognised schools with additional adult support staff to cater for the care needs of pupils with disabilities in an educational context, where the nature of these care needs have been outlined in professional reports as being so significant that a pupil will require adult assistance in order to be able to attend school and to participate in education and also to minimise disruption to class or teaching time for the pupils concerned, or for their peers, and with a view to developing their independent living skills.
The National Council for Special Education (NCSE) is responsible, through its network of Special Educational Needs Organisers (SENOs), for processing applications from schools for special educational needs supports, including SNA support.
Responsibility for deciding on the quantum of educational supports and resources to be allocated to schools to support individual pupils rests with the NCSE. In making allocations to schools, the NCSE takes into account the assessed care needs of all children with identified needs in the school. It should be noted that SNA allocations are not made to individual children, but are made to schools to support the care needs of children with assessed special educational needs in the school. The NCSE has published an Information booklet for parents in relation to the SNA scheme on its website: www.ncse.ie.
It is a matter for the individual Principal/Board of Management of the school to allocate SNA support as required, and on the basis of individual need, which allows schools flexibility in how the SNA support is utilised in the school. SNAs should be deployed by the school in a manner which best meets the care support requirements of the children enrolled in the school for whom SNA support has been allocated.
