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Tuesday, 6 Feb 2018

Written Answers Nos. 183-200

School Accommodation Provision

Ceisteanna (183)

Jackie Cahill

Ceist:

183. Deputy Jackie Cahill asked the Minister for Education and Skills the progress on the plans for development at a school (details supplied); and if he will make a statement on the matter. [5440/18]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that my Department received an application for the provision of additional accommodation at the school referred to, which includes the provision of general classroom and special needs accommodation.

My Department met with the ETB involved and the scope of works relating to the project is currently being finalised.  My Department will be in further contact with the ETB in the matter shortly.

Special Educational Needs Service Provision

Ceisteanna (184)

Pat Buckley

Ceist:

184. Deputy Pat Buckley asked the Minister for Education and Skills if approval will be given to an application for a special needs assistant for a person (details supplied); and if he will make a statement on the matter. [5442/18]

Amharc ar fhreagra

Freagraí scríofa

Special Needs Assistants (SNAs) are provided to assist recognised schools to cater for pupils with disabilities, who have additional and significant care needs, in an educational context and where the nature of these care needs have been outlined in medical and other professional reports as being so significant that a pupil will require additional adult assistance in order to be able to attend school and to participate in education. 

The National Council for Special Education (NCSE), which is an independent statutory agency, is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating a quantum of Special Needs Assistant (SNA) support for each school annually taking into account the assessed care needs of children qualifying for SNA support enrolled in the school.

The NCSE allocates SNA support to schools in accordance with the criteria set out in Department Circular 0030/2014, which is available on the Department's website at www.education.ie, in order that students who have care needs can access SNA support as and when it is needed.  The Department’s policy is to ensure that every child who is assessed as needing SNA support will receive access to such support.

In considering applications for SNA supports for individual pupils, the SENOs take account of the pupils' needs and consider the resources available to the school to identify whether additionality is needed or whether the school might reasonably be expected to meet the needs of the pupils from its current level of resources. SNAs are not allocated to individual children but to schools as a school based resource.

Schools who wish to make applications for SNA support should apply to the NCSE. The deadline for applying for SNA support for the 2018/19 school year is 28 February 2018 and the NCSE aim to publish details of the SNA allocations to schools on its website in May.

All schools have the contact details of their local SENO and parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available at http://ncse.ie/seno-contact-list.

As the matter raised in this question refers to an individual child, it has been forwarded to the NCSE for direct reply.

School Accommodation Provision

Ceisteanna (185)

Robert Troy

Ceist:

185. Deputy Robert Troy asked the Minister for Education and Skills his views on an application for a resource classroom, external cladding and new internal fire doors for a school (details supplied). [5470/18]

Amharc ar fhreagra

Freagraí scríofa

I can confirm to the Deputy that the school in question recently submitted an application for additional accommodation. The application will be considered and a decision will be conveyed to the school authority as soon as the assessment process has been completed.

In the meantime, my Department has liaised directly with the school in the context of any immediate works required and the school has been advised to submit an application under my Department's Emergency Works Scheme.  A response from the school is awaited.

Schools Property

Ceisteanna (186)

Peadar Tóibín

Ceist:

186. Deputy Peadar Tóibín asked the Minister for Education and Skills his plans for the old secondary school building in Longwood, County Meath; and if it will be used for community groups looking for space. [5477/18]

Amharc ar fhreagra

Freagraí scríofa

My Department understands that Louth Meath Education Training Board (LMETB) is entitled to be the registered owner of the site in question.

My Department also understands that LMETB is also currently considering the future use of this property.

Schools Building Projects Status

Ceisteanna (187)

John Curran

Ceist:

187. Deputy John Curran asked the Minister for Education and Skills the status of the funding application for a new school building (details supplied) in Dublin 22; when the project will progress to the next stage of the process; and when construction of the new school will commence. [5480/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, a building project for the school to which he refers is included in my Department's 6 Year Construction Programme.

The next stage involves the preparation of the project brief. This is part of the preparatory work required to facilitate the progression of the project into the architectural planning process and my Department will be in further contact with the school in this regard.

Schools Building Projects Status

Ceisteanna (188)

Thomas Byrne

Ceist:

188. Deputy Thomas Byrne asked the Minister for Education and Skills when commencement of a new building for a school (details supplied) will take place. [5519/18]

Amharc ar fhreagra

Freagraí scríofa

The major building project for the school referred to by the deputy has reached an advanced stage of architectural planning, Stage 2(b), which includes the pre-qualification of contractors and the preparation of tender documents.

In May 2017, my Department gave approval to the school authorities to have their Design Team commence the process of Pre-Qualification of Contractors. The Design Team has informed my Department that this process is now complete.

The Design Team has also informed that it is currently working on completing a revised Stage 2 (b) submission which it expects to submit for review by my Department shortly.  Upon review of the revised submission, my Department will revert to the school with a timeframe for progression of the project to tender stage.

Workplace Relations Commission

Ceisteanna (189)

Bríd Smith

Ceist:

189. Deputy Bríd Smith asked the Minister for Education and Skills his views on a decision (details supplied) by the Workplace Relations Commission that SOLAS discriminated on the grounds of age against one of its employees. [5532/18]

Amharc ar fhreagra

Freagraí scríofa

SOLAS have informed my Department that they have fully accepted the recommendations of the Equality Officer and are implementing all of the recommendations made, including through the introduction of a comprehensive HR policy framework.  SOLAS will also be working with Education and Training Boards and other partners in the Further Education and Training (FET) sector to ensure that FET programmes can support people at all stages of their adult lives.

School Inspection Reports

Ceisteanna (190)

Róisín Shortall

Ceist:

190. Deputy Róisín Shortall asked the Minister for Education and Skills if the fire safety remedial works at schools (details supplied) in Dublin 13 are complete; if all the issues identified in the fire safety audits have been addressed; if he will publish details of recent inspections and audits carried out after these works took place; and if he will make a statement on the matter. [5545/18]

Amharc ar fhreagra

Freagraí scríofa

My Department has recently received documentation from the building owners confirming that they have completed the works in the schools referred to by the Deputy.  An independent fire safety consultant is currently reviewing the documentation.

My Department is also liaising with the schools involved in relation to general "house keeping" issues and independent works that the schools have completed.

Public Private Partnerships

Ceisteanna (191)

Róisín Shortall

Ceist:

191. Deputy Róisín Shortall asked the Minister for Education and Skills the due diligence that was performed prior to awarding a company (details supplied) a public private partnership or PPP contract to construct a number of schools; and if he will make a statement on the matter. [5570/18]

Amharc ar fhreagra

Freagraí scríofa

A contract exists between my Department and the PPP Company Inspiredspaces in respect of the Schools Bundle 5 PPP programme.  Inspiredspaces is the Special Purpose Vehicle (SPV) responsible for the design, construction, finance, and maintenance of the buildings included in the programme.  A subsidiary of the company referred to by the Deputy is a 50% shareholder in Inspiredspaces (SPV).  The other shareholder in the SPV is the Dutch Infrastructure Fund (DIF).

The National Development Finance Agency (NDFA) managed the procurement of the Schools Bundle 5 PPP Programme on behalf of my Department.  As part of this process, the NDFA carried out technical, legal and financial due diligence of the PPP documentation, the PPP Company consortium and its members, including the company referred to by the Deputy, and their Guarantor. The financial due diligence included a detailed review of the financial standing of the PPP Company's shareholders, consortium members and their Guarantors, which incorporated a review of their audited financial accounts and accompanying independent auditor’s report, in addition to the proposed third party funding structure of the project.

This detailed due diligence did not raise any issues to preclude the award of preferred tenderer status to Inspiredspaces in November 2015 or subsequent contract award in July 2016.

Home Tuition Scheme Eligibility

Ceisteanna (192)

Niamh Smyth

Ceist:

192. Deputy Niamh Smyth asked the Minister for Education and Skills if capital funding streams are available to a centre (details supplied) in County Monaghan; and if he will make a statement on the matter. [5572/18]

Amharc ar fhreagra

Freagraí scríofa

The Purpose of the Home Tuition Grant Scheme is to provide a compensatory educational service for children who, for a number of reasons such as chronic illness, are unable to attend school. The scheme also provides a compensatory educational service for children with special educational needs seeking an educational placement for whom such a placement is not available.  Provision is also made for early educational intervention for children aged from 2.5 years to 3 years with autism.

Home Tuition is provided as an interim measure only for children for whom a placement in a recognised school is sought bet not available and should not be regarded as an optional alternative to a school placement.

Where parents of children, who are eligible for Home Tuition under the terms of the scheme, and for whom home tuition has been approved, have sought alternative arrangements to be put in place for the tuition, my Department has responded by putting arrangements in place with 12 private pre-school providers which provide group tuition to children in a class type setting. Each of these providers was selected by the parents.

My Department will consider similar arrangements with other private providers should parents of eligible children request this.

In recognition of the demand for group arrangements by parents of children, who are eligible for Home Tuition under the scheme, my Department now advises all such parents of the option to enter into a group arrangement with other parents of children for whom home tuition has been sanctioned. My Department has no contract with the pre-school providers. The contract is essentially between the parents and the relevant provider. My Department does not provide capital funding to private pre-school providers.

Parents wishing to enter into such an arrangement must notify my Department in advance for approval. The arrangements must conform to the general terms of the scheme.

My Department has not been contacted by Parents seeking to enter into such an arrangement with the private pre-school provider referred to by the Deputy.

As outlined above, my Department does not provide capital funding to private pre-school providers under the Home Tuition Grant Scheme.

Third Level Fees

Ceisteanna (193)

Brendan Smith

Ceist:

193. Deputy Brendan Smith asked the Minister for Education and Skills the guidelines in place in third level institutions for children of returning emigrants; if they are required to pay international fees; if so, his plans to reduce this burden on students and their families; and if he will make a statement on the matter. [5586/18]

Amharc ar fhreagra

Freagraí scríofa

Where undergraduate students do not qualify for free fees they are required to pay fees to their higher education institution at either an ‘EU rate’ or a higher ‘Non-EU rate’.

As autonomous institutions, the determination of the fee rate applicable for individual students is a matter for the higher education institutions.

Due to a particular concern regarding people who have had, for occupational or economic reasons, to move abroad, requiring them to take their children out of the Irish education system in the process, in March 2014 the Department requested that the Higher Education Authority (HEA) advise the higher education sector that full-time undergraduate students who:

- hold EU/EEA/Swiss nationality but do not meet the residency clause of the Free Fees Initiative;

- and have completed five academic years of study (at either primary or post-primary level) in an EU/EEA/Swiss State; and

- commence their first undergraduate course of study in an approved institution here from the following academic year onwards,

should be charged the EU rate of fee rather than the higher non-EU rate by their higher education institution.  

This approach was implemented for new students from the commencement of the 2014/15 academic year and it is a matter for the institutions to apply this policy to such students. 

Schools Building Projects Status

Ceisteanna (194)

Niamh Smyth

Ceist:

194. Deputy Niamh Smyth asked the Minister for Education and Skills when works are likely to commence at a school (details supplied); and if he will make a statement on the matter. [5594/18]

Amharc ar fhreagra

Freagraí scríofa

The tenders for the construction project at the school referred to by the Deputy have recently been received and are currently being evaluated by the Design Team. My Department is  awaiting the return of the completed tender report and when this is received and considered my Department will revert directly to the school regarding progression of the project to the next stage. Subject to no issues arising with the tender report or the supplementary tender report which will follow, it is anticipated that construction should commence in the second quarter of 2018. 

School Accommodation Provision

Ceisteanna (195)

Pearse Doherty

Ceist:

195. Deputy Pearse Doherty asked the Minister for Education and Skills the reason an application submitted by a school (details supplied) in County Donegal for additional accommodation was refused; if a mechanism exists to allow for an appeal to be lodged by the relevant school authorities against this decision; the reason consideration appears not to have been given by the decision maker in this instance to the fact that enrolment numbers for September 2018 at the school are projected to increase significantly; and if he will make a statement on the matter. [5599/18]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that my Department received an application for the provision of additional accommodation at the school referred to in respect of both classroom and ancillary accommodation.

When assessing the application it was noted that the existing school accommodation comprises of four mainstream classrooms, two Special Education Teaching (SET) rooms, a library/computer room, staff room and a general office. With a staffing complement of four mainstream teachers and one SET teacher it was determined that, as there was currently no deficit of mainstream class accommodation, additional accommodation was not required at this point.

My Department has written to the school authority to convey the position.

Student Grant Scheme Applications

Ceisteanna (196)

Pearse Doherty

Ceist:

196. Deputy Pearse Doherty asked the Minister for Education and Skills if a Student Universal Support Ireland or SUSI grant application submitted by a person (details supplied) in County Donegal will be re-examined on the grounds of exceptional circumstances; and if he will make a statement on the matter. [5604/18]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that student grant applications are means tested on gross income from all sources earned inside and outside the State within a specified reference period. The means test arrangements of the Student Grant Scheme are applied nationally. The onus is on the grant applicant to provide the necessary documentary evidence as proof of reckonable income.

Under Section 21(2) of the Student Support Act 2011 an applicant has 30 days, from the date of the Appeals Officer's decision in the awarding authority, to submit their appeal to the Board. Under Section 21(3) of the Act the Board may extend this period by a further 30 days if it is satisfied that the applicant has given reasonable cause to do so.

The student to which the Deputy refers, appealed the decision of the Appeals Officer of the awarding authority to the independent Student Grants Appeals Board (SGAB). However, the appeal was outside the timeframe and the Board does not have any discretion to extend the time period beyond that allowed for in the Act. Therefore the appeal was not admitted.

Students in third-level institutions experiencing exceptional financial need can apply for support under the Student Assistance Fund. This Fund assists students, in a sensitive and compassionate manner, who might otherwise be unable to continue their third level studies due to their financial circumstances. Information on the fund is available through the Access Office in the third level institution attended. This fund is administered on a confidential, discretionary basis.

Tax relief at the standard rate of tax may be claimed in respect of tuition fees paid for approved courses at approved colleges of higher education including approved undergraduate and postgraduate courses in EU Member States and in non-EU countries. Further information on this tax relief is available from the Revenue Commissioners on www. revenue.ie.

Legislative Measures

Ceisteanna (197)

Róisín Shortall

Ceist:

197. Deputy Róisín Shortall asked the Minister for Education and Skills the sections of the Education for Persons with Special Educational Needs Act 2004 that have not been commenced; the reason these sections have not been commenced; and if he will make a statement on the matter. [5608/18]

Amharc ar fhreagra

Freagraí scríofa

A number of sections of the Education for Persons with Special Educational Needs Act 2004 have been commenced, including those establishing the National Council for Special Education and those promoting an inclusive approach to the education of children.

The Sections of the EPSEN Act which have not been implemented are those which would have conferred a statutory entitlement to –

- an educational assessment for all children with special educational needs.

- consequent development of a statutory individual educational plan (IEP).

- the delivery of detailed educational services on foot of this plan.

- an independent appeals process.

Legal advice provided to my Department indicates that the EPSEN Act, as it is currently constituted, may not be implemented on a phased, or age cohort, basis.

The NCSE estimated, in an implementation Plan in 2006, that additional investment over a period of years of up to €235m per annum, across the education and health sectors, would be required to fully implement the EPSEN Act. My Department's opinion is that the level of investment required could be significantly greater than that envisaged in the NCSE report. However, a total estimate of this amount has not been quantified.

Revised estimates of the amount of additional expenditure required to fully implement the remaining sections of the EPSEN Act have not recently been conducted. The level of additional expenditure required would have to take into account annual demographic growth and service developments in the area of special educational needs, pricing adjustments and salary cost differentials on an ongoing basis. Estimates would also have to be made as to the number of pupils who might currently qualify for the statutory service provisions envisaged by the EPSEN Act.

Under the Programme for a Partnership Government I have committed to consulting with stakeholders on how best to progress aspects of the Act on a non-statutory basis.

At present, all schools are encouraged to use Education Plans.  My Department's Inspectorate's advice is that the majority of schools are now using some form of individual education planning for children with special needs. In line with Circular 30/2014, schools are also required to put in place Personal Pupil Plan including a care plan for all pupils availing of SNA support.

Guidelines for schools on educational planning and monitoring of outcomes and the manner in which they should conduct educational planning, through the Student Support File, are contained in the Guidelines for Schools: Supporting Children and Young People with Special Educational Needs in Mainstream Schools, available at:

http://www.education.ie/en/The-Education-System/Special-Education/Guidelines-for-Primary-Schools-Supporting-Pupils-with-Special-Educational-Needs-in-Mainstream-Schools.pdf

Providing power to the National Council for Special Education, as envisaged under Section 10 of the EPSEN Act, to designate a school place for a person with special educational needs, is currently being considered in the context of the Education (Admission to Schools) Bill 2016.

While awaiting the full implementation of the EPSEN Act, the NCSE has published a number of policy advice papers which make recommendations aimed at developing a better or more effective alternative to the current resource allocation model, and which aims to move the system towards ultimate implementation of the EPSEN Act.

These reports include the NCSE policy advice on Supporting Students with Special Educational Needs in Schools, published in 2013, and the Report of the Working Group on a Proposed New Model for Allocating Teaching Resources for pupils with Special Educational Needs, published in 2014.

The new model for allocating support to pupils with special educational needs has been implemented from September 2017.  Circular 0013/2017 for primary schools and Circular 0014/2017 for post primary schools which were published on 7th March 2017 sets out the details of the new model for allocating special education teachers to schools.  The revised allocation model replaces the generalised allocation process at primary and post primary school level for learning support and high incidence special educational needs, and the National Council for Special Education (NCSE) allocation process which provided additional resource teaching supports to schools, to support pupils assessed as having Low Incidence disabilities.  The Guidelines for Schools: Supporting Children and Young People with Special Educational Needs in Mainstream Schools also provides guidance on the organisation, deployment and use of their special education teachers. One of the benefits of this new approach is that schools will have greater flexibility as to how they will deploy their resources.

The NCSE is currently undertaking a comprehensive review of the SNA scheme, in consultation with other relevant Departments and State Agencies, including the National Disability Authority (NDA), to identify the most appropriate form of support options to provide better outcomes for students with Special Educational Needs, having regard to the significant amount of State investment in this area.

In response to a progress report from the NCSE on the comprehensive assessment, the NCSE were requested to establish a working group, comprising relevant stakeholders, to assist in proposing a better model for providing care supports so as to provide better outcomes for students with special educational needs who have additional care needs. This Working Group has commenced its work and the work will run in tandem with the completion of the overall Comprehensive Assessment of the SNA Scheme.

It is intended that the reports of the Working Group and of the Review will be completed in Spring 2018.

It is therefore intended to bring into effect many of the good ideas contained in the EPSEN Act, on a non-statutory basis initially, through policy developments across a range of areas, in conjunction with NCSE policy advice.

Special Educational Needs Service Provision

Ceisteanna (198)

Róisín Shortall

Ceist:

198. Deputy Róisín Shortall asked the Minister for Education and Skills further to Parliamentary Question No. 131 of 26 September 2017, the status of an appeal by a school (details supplied) in respect of the provision of a SNA; if a decision has been made under the NCSE appeals process; and if he will make a statement on the matter. [5609/18]

Amharc ar fhreagra

Freagraí scríofa

The National Council for Special Education (NCSE), which is an independent statutory agency, is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating a quantum of Special Needs Assistant (SNA) support for each school annually taking into account the assessed care needs of children qualifying for SNA support enrolled in the school. The NCSE operates within my Department's criteria in allocating such support.

The criteria by which SNA support is allocated to pupils is set out in my Department's Circular 0030/2014. In considering applications for SNA supports for individual pupils, the SENOs take account of the pupils' needs and consider the resources available to the school to identify whether additionality is needed or whether the school might reasonably be expected to meet the needs of the pupils from its current level of resources.

Details of SNA allocations which have been made to schools for the 2017/18 school year have been published by the NCSE on their website at http://ncse.ie/statistics.

Where a school has received its allocation of SNA support for 2017/18, but wishes new enrolments or assessments to be considered, which were not taken into account when the initial allocation was made, they may continue to make applications to the NCSE.

The NCSE Appeals Process may be invoked in the following instances:

- by a parent or a school where it is considered that a child was not granted access to SNA support on the grounds that Department policy was not met in accordance with Circular 0030/2014; or

- a school may also appeal a decision, where the school considers that the NCSE, in applying Department policy, has not allocated the appropriate level of SNA supports to the school to meet the special educational and/or care needs of the child(ren) concerned.

The NCSE have confirmed that to date no formal appeal has been received from the school.

All schools have the contact details of their local SENO and parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available at http://ncse.ie/seno-contact-list.

Health and Safety

Ceisteanna (199)

Niamh Smyth

Ceist:

199. Deputy Niamh Smyth asked the Minister for Education and Skills if concerns raised in correspondence by a person (details supplied) will be addressed; and if he will make a statement on the matter. [5640/18]

Amharc ar fhreagra

Freagraí scríofa

The school to which the Deputy refers has not brought the issue in question to the attention of my Department.  As Health and Safety issues are a matter for school authorities in the first instance, my Department advises that the parent should raise her concerns with the Board of Management.    

There are a number of ways in which the school can address this issue.  A minor works grant of €6,517.50 was paid to the school last December for the 2017/18 school year.  Similar grant levels were paid in previous years.  This grant must be spent on the physical infrastructure of the school or on items of furniture and equipment for educational use.  Building improvement works covered include the installation of the system referred to by the Deputy.

The school will be also aware that it can apply for funding for this system under my Department's Summer Works Scheme (SWS) as it has applied for and been granted SWS funding for other building projects in the past.

An application for funding for the work will also be considered by my Department under its Emergency Works Grant Scheme.  The application form is available on my Department's website www.education.ie.

Disability Act Employment Targets

Ceisteanna (200)

Mary Lou McDonald

Ceist:

200. Deputy Mary Lou McDonald asked the Minister for Education and Skills further to Parliamentary Question No. 401 of 16 January 2018, if his attention has been drawn to the fact that an education and training board (details supplied) does not state the voluntary nature of the requested disclosure on the staff census form statistical monitoring of employment of staff in the public services, Part 5 of the Disability Act 2005; and the action he will take to rectify this matter. [5747/18]

Amharc ar fhreagra

Freagraí scríofa

As outlined in my response to parliamentary question 401 of 16 January 2018, the Disability Act 2005 requires public bodies to promote and support the employment of people with disabilities and to achieve a target of 3% of staff with disabilities. Under the Act, aegis bodies of my Department are required to report to my Department’s Monitoring Committee on the number of people employed with disabilities during the preceding year for inclusion in an annual report to the National Disability Authority. In addition, in accordance with the guidance of the National Disability Authority and in keeping with the spirit of the Act, some thirty two other bodies, including the Education and Training Boards, also provide statistical information to my Department’s Monitoring Committee on the numbers of people with disabilities employed in their organisations.

The information gathered through this process is used to measure how bodies are performing against the 3% target and to assess the extent to which specific actions taken by the organisation promote the employment and retention of people with disabilities. On a broader level, the information collected by the National Disability Authority can be used to inform and influence policy on the employment of people with disabilities.

While staff are encouraged to report disabilities for statistical purposes that support the employment of people with disabilities, the disclosure of a disability is not mandatory. I agree that the voluntary nature of this disclosure should be made clear to employees and in the next iteration of this process, which due to commence in the coming weeks, relevant organisations will be asked to ensure that employees are aware that the completion of the staff census form is voluntary.  

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