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Tuesday, 27 Mar 2018

Written Answers Nos. 265-283

School Patronage

Ceisteanna (265)

Gerry Adams

Ceist:

265. Deputy Gerry Adams asked the Minister for Education and Skills if the ownership of a school (details supplied) in County Louth will be clarified. [13852/18]

Amharc ar fhreagra

Freagraí scríofa

My Department understands that the school referred to by the Deputy is in the ownership of the Archdiocese of Armagh.

Schools Site Acquisitions

Ceisteanna (266)

Catherine Martin

Ceist:

266. Deputy Catherine Martin asked the Minister for Education and Skills when a site for a new school (details supplied) will be purchased and publicly announced; and if he will make a statement on the matter. [13862/18]

Amharc ar fhreagra

Freagraí scríofa

The building project for the school referred to by the Deputy is included in the Department’s 6 year construction programme.

Officials in the Department continue to work closely with officials in the relevant local authority in accordance with the Memorandum of Understanding in relation to the acquisition of a suitable location for the school.

Due to commercial sensitivities it is not possible to provide further information at this time but my Department is working to advance the site acquisition process for the school in question and the school patron will be informed of the permanent location as soon as it is possible to do so.

State Examinations

Ceisteanna (267)

Michael McGrath

Ceist:

267. Deputy Michael McGrath asked the Minister for Education and Skills if there will be a review of the decision to refuse a reasonable accommodations application for the junior certificate for a child (details supplied) in County Cork in view of the circumstances that apply. [13870/18]

Amharc ar fhreagra

Freagraí 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 (268, 269)

James Browne

Ceist:

268. Deputy James Browne asked the Minister for Education and Skills if circular 0071/2014 will be reviewed with a view to defining exceptional circumstances; if the circumstances and criteria for such exceptional circumstances will be set out; and if he will make a statement on the matter. [13874/18]

Amharc ar fhreagra

James Browne

Ceist:

269. Deputy James Browne asked the Minister for Education and Skills the number of transfers of teachers relying on exceptional circumstances in relation to circular 0071/2014; and if he will make a statement on the matter. [13875/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 268 and 269 together.

Circular 0059/2009 set out the disciplinary procedures for teachers employed by Vocational Education Committees (VEC). A separate Circular (Circular 60/2009) sets out the disciplinary procedures for non-VEC teachers. The procedures were negotiated and agreed with the education partners in accordance with Section 24(3) of the Education Act, 1998.

Circular 0059/2009 was superseded by Circular 0071/2014 in October 2014 to account for the merger of VECs into Education and Training Boards (ETBs).  Where an ETB is dealing with performance or conduct issues in respect of a teacher, the use of Circular 0071/2014 is mandatory. The procedures set out in Circular 0071/2014 may be commenced or ceased at different stages by the employer depending on the circumstances of the individual case concerned. The Circular does not set out exceptional circumstances and I have no plans to review this matter.

As the Circular does not set out exceptional circumstances, my Department has no information on the number of transfers of teachers relying on such circumstances. My Department does not hold information generally on the number of teacher transfers which may have occurred as a result of Circular 0071/2014.

School Accommodation Provision

Ceisteanna (270)

John Lahart

Ceist:

270. Deputy John Lahart asked the Minister for Education and Skills the status of the review with respect to a school (details supplied) which was due for completion in mid-January 2018; the direct contact with the school not followed through on; the reason this deadline has been missed; and when the project will proceed to construction stage. [13892/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, a building project to provide permanent accommodation for the school in question is included in my Department’s 6 Year Construction Programme.

In this regard, the schedule of accommodation for the new school has been finalised. As agreed with the school authority, the schedule of accommodation issued to the school authority when finalised and it was furnished to the school on the 6th March.  The next stage involves the commencement of the architectural planning process and my Department will be in further contact with the school in this context.

School Accommodation Provision

Ceisteanna (271)

Brendan Ryan

Ceist:

271. Deputy Brendan Ryan asked the Minister for Education and Skills his plans to provide primary schools in Swords; his views on the need for a primary school in the River Valley and Ridgewood areas of Swords; the meetings that have taken place with his departmental officials on this matter in recent months; and if he will make a statement on the matter. [13902/18]

Amharc ar fhreagra

Freagraí scríofa

My Department has recently contacted all of the primary schools in the Swords area to review their projected enrolments for September 2018. The schools concerned generally commenced their enrolment process for the new junior infants in early January of this year and this process is not yet complete. In that regard, the level of demand for all schools is not available at this point. Each school has issued invitations for enrolment through school notes and local announcements and are currently offering places in line with their respective enrolment policies. My Department will continue to liaise with the schools and their Patrons to keep the matter under review in the coming weeks with a view to putting any necessary arrangements in place to address any accommodation needs arising in 2018.  Nationwide demographic exercises which will determine where new schools will be needed from 2019 are currently ongoing and it is anticipated that decisions based on these exercises will be announced in the coming weeks.

Schools Building Projects Status

Ceisteanna (272)

John Brady

Ceist:

272. Deputy John Brady asked the Minister for Education and Skills the timeframe for the opening of a school (details supplied); and if he will make a statement on the matter. [13908/18]

Amharc ar fhreagra

Freagraí scríofa

The school referred to by the Deputy forms part of Schools Bundle 5, the PPP project which has been impacted by the liquidation of Carillion. 

The Dutch Infrastructure Fund (DIF), representing the PPP Company responsible for delivery of Schools Bundle 5, is currently implementing a rectification plan to secure service commencement on the five school buildings and one further education college as soon as possible. 

DIF has indicated that a number of contractors/service providers have now been invited to quote for finishing the works outstanding on the relevant buildings and for the provision of facilities management services over the 25-year life of the project. It expects to receive final bids from tenderers, with whom it has already had extensive engagement, by early April. 

Based on this, and the expected timeframe for the evaluation of tenders, and appointment and mobilisation of the new contractor/service providers, DIF is targeting all six buildings to be operational for the beginning of the coming school year, with the most advanced schools - which includes the school referred to by the Deputy - to be delivered earlier in the summer.

DIF has confirmed that, in conjunction with its lenders, it will deploy all necessary resources towards achieving these target dates.

Schools Building Projects Status

Ceisteanna (273)

Darragh O'Brien

Ceist:

273. Deputy Darragh O'Brien asked the Minister for Education and Skills if a permanent building project for a school (details supplied) will be prioritised to enable it to move to tender and construction; and if he will make a statement on the matter. [13916/18]

Amharc ar fhreagra

Freagraí scríofa

The building project referred to by the Deputy is for a new sixteen classroom school building and a two classroom special needs unit.

The project is currently at Stage 2B of Architectural Planning - Detailed Design Stage, which includes applications for all statutory consents, including Planning Permission, Disability Access Certificate and Fire Safety Certificate and also the preparation of tender documentation. Planning Permission for this project was received in January 2017.

The Stage 2B report has been received and reviewed by my Department, with a number of issues to be addressed by the Design Team before the stage can be finalised.

School Accommodation Provision

Ceisteanna (274)

Martin Heydon

Ceist:

274. Deputy Martin Heydon asked the Minister for Education and Skills if a schedule of accommodation for an approved extension of a school (details supplied) will be provided; if a timeframe is available for work to commence and finish; and if he will make a statement on the matter. [13970/18]

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.  In the context of progressing the building project, my Department has undertaken a site visit to the school.

The building project will be devolved to Kildare Wicklow Education Training Board (KWETB) for delivery and it is my Department's intention to engage with KWETB shortly in this regard.

School Accommodation Provision

Ceisteanna (275)

Marcella Corcoran Kennedy

Ceist:

275. Deputy Marcella Corcoran Kennedy asked the Minister for Education and Skills the reason applicants for funding of central activities spaces within new ASD units are being refused (details supplied); and if he will make a statement on the matter. [14000/18]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that in cases where an ASD unit is approved as an extension to a mainstream school the existing available school accommodation is considered in order to establish the level of additional accommodation to be provided.

It is considered that a centrally located space can be used to promote contact with mainstream students.  This space can be used by teaching staff for group class work, drama and used for play.  Where a General Purpose room is available within the existing school accommodation it is consider that this is appropriate to meet the requirements for integration; a central activities space is not therefore provided.

Information and Communications Technology

Ceisteanna (276)

Willie Penrose

Ceist:

276. Deputy Willie Penrose asked the Minister for Education and Skills if he will promote a public awareness campaign targeting parents and children and young persons regarding the importance of digital citizenship and online safety; and if he will make a statement on the matter. [14035/18]

Amharc ar fhreagra

Freagraí scríofa

My Department is responsible for teaching and learning in schools.  In this regard, there is a prescribed curriculum in place that covers a broad range of learning needs including the use of technologies and wellbeing.

My Department has a broad suite of policies to support the safe and appropriate use of digital technologies in schools. For example, the SPHE curriculum at primary level contains a strand on Media Education, and as with all curriculum content, teachers are enabled to mediate this to children. The PDST (Technology in Education) is a dedicated team established and funded by the Department to advise and support schools in the area of digital technologies, including issues of internet safety. Schools are advised on the following matters: the development and implementation of an Acceptable Usage Policy (governing the use of the internet in schools); the promotion of awareness regarding safety online; and the implementation of a content filtering/monitoring system.

Through the Webwise Internet Safety Initiative which is funded by my department, resources are also provided to support teachers to integrate internet safety into teaching and learning in their schools. Webwise also provide information, advice, and tools to parents to support their engagement in their children’s online lives. With the help of the Webwise Youth Advisory Panel they develop youth oriented awareness raising resources and campaigns that address topics such as social networking, sexting, cyber bullying.

The Webwise Initiative is part of the Safer Internet Ireland Project coordinated by the Office for Internet Safety (an Executive Office of the Department of Justice & Equality)  to develop national initiatives promoting the safer use of electronic media and enhance protection of the vulnerable, particularly children, against the downside of the internet.  The project is a consortium of industry, education, child welfare and government partners that provide Safer Internet awareness, hotline and helpline functions and activities. Webwise promotes the autonomous, effective, and safer use of the internet by young people through a sustained information and awareness strategy targeting parents, teachers, and children themselves with consistent and relevant messages.

In 2017 alone there were in excess of 618,000 recorded users of the website (webwise.ie) with a total of 921,000 page views. Supporting resource booklets are free to order or download from Webwise.ie.

There are no plans for a public campaign at this time.  My Department collaborates with a number of Departments with responsibility in this area. The Department of Justice and Equality has the lead role in coordinating Government policy concerning internet safety, through the Office for Internet Safety. The Departments of Communications, Climate Action and Environment  (DCCAE) Children and Youth Affairs and the Department of Education & Skills all have key roles.  

Special Educational Needs Service Provision

Ceisteanna (277)

Thomas Byrne

Ceist:

277. Deputy Thomas Byrne asked the Minister for Education and Skills if an alternative school placement can be found for a person (details supplied) who has been expelled from school; and if he will make a statement on the matter. [14040/18]

Amharc ar fhreagra

Freagraí scríofa

The National Council for Special Education (NCSE) is responsible for organising and planning provision for children with Special Educational Needs, including the establishment of special classes in mainstream primary and post primary schools.

Parents/Guardians who may need advice or are experiencing difficulties in locating a school placement, including special class placement, should contact their local Special Educational Needs Organiser (SENO) who can assist in identifying an appropriate educational placement for their child. Contact details are available at http://ncse.ie/seno-contact-list.

The enrolment of a child in a school is a matter, in the first instance, for the parents of the child and the Board of Management of a school. My Department and the National Council for Special Education (NCSE) has no role in relation to processing applications for enrolment to schools.

Accordingly, the NCSE advises parents, to seek to enrol their child, by applying in writing, to the school/s of their choice. Where parents have been unsuccessful in enrolling their child in a special school placement, they should update their local Special Educational Needs Organiser (SENO) to inform the planning process.

It is the responsibility of the managerial authorities of all schools to implement an enrolment policy in accordance with the Education Act, 1998. The 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. Under section 15 (2) (d) of the Education Act 1998, each school is legally obliged to publish its enrolment policy.

Section 29 of the Education Act 1998, provides parents with an appeal process where a board of management of a school or a person acting on behalf of the Board refuses enrolment to a student. Where a school refuses to enrol a pupil, the school is obliged to inform parents of their right under Section 29 of the Education Act 1998 to appeal that decision to either the relevant Educational Training Board or to the Secretary General of this Department.

The NCSE works in collaboration with the Educational Welfare Services (EWS) of the Child and Family Agency which is the statutory agency that can assist parents who are experiencing difficulty in securing a school place for their child or can offer assistance where a child is out of school. The local service is delivered through the national network of Educational Welfare Officers (EWO). Contact details are available at http://www.tusla.ie/get-in-touch/education-and-welfare/.

Where there is no placement available for a child with Special Educational Needs, this Department will consider applications under the Home Tuition Grant Scheme, where a student can receive up to 20 hours home tuition per week as an interim measure until a placement becomes available.

My Department continues to work with the NCSE to ensure that there is appropriate planning in place to ensure that all children who require special class placements can access such placements in schools within their communities.

School Accommodation Provision

Ceisteanna (278)

Darragh O'Brien

Ceist:

278. Deputy Darragh O'Brien asked the Minister for Education and Skills the way in which a school can apply for a devolved grant for a school extension or upgrade; and if he will make a statement on the matter. [14057/18]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy of my Department’s Additional School Accommodation (ASA) Scheme under which a school may apply for the provision of additional accommodation where a deficit has been identified.  The purpose of the ASA scheme is to ensure that essential classroom accommodation is available to cater for pupils enrolled each year and where the need cannot be met by the school’s existing accommodation.

Applications are considered in the context of the very significant challenges facing my Department in prioritising available capital funding for essential mainstream classrooms to meet the demand for extra school places, such as in the case where an additional teacher has been appointed.

The ASA application form may be accessed on my Department's website www.education.ie.

School Accommodation Provision

Ceisteanna (279)

Jackie Cahill

Ceist:

279. Deputy Jackie Cahill asked the Minister for Education and Skills the status of applications for additional classroom spaces and an application for a new classroom teacher by a school (details supplied); and if he will make a statement on the matter. [14061/18]

Amharc ar fhreagra

Freagraí scríofa

The school referred to by the Deputy has submitted an application to my Department for additional accommodation in recent days to facilitate an additional mainstream teacher post approved, for the school in question, for September 2018.

The application will be assessed by my Department and a decision will be conveyed to the school authority when the assessment process has concluded.

School Staff Appeals Mechanism

Ceisteanna (280)

Pearse Doherty

Ceist:

280. Deputy Pearse Doherty asked the Minister for Education and Skills the reason a staffing appeal submitted by a school (details supplied) was rejected; the further recourse available to the school to have this decision re-examined; and if he will make a statement on the matter. [14078/18]

Amharc ar fhreagra

Freagraí scríofa

The criteria used for the allocation of teaching posts is published annually on the Department website. The key factor for determining the level of staffing resources provided at individual school level is the staffing schedule for the relevant school year and pupil enrolments on the previous 30 September.

The staffing schedule operates in a clear and transparent manner and treats all similar types of schools equally irrespective of location.

The staffing schedule also includes an appeals mechanism for schools to submit a staffing appeal under certain criteria to an independent Appeals Board. Details of the appeal process and application form are available in Circular 0010/2018, "Staffing Arrangements in Primary Schools for the 2018/19 School Year", which is published on the Department website.

The school referred to by the Deputy submitted an application for consideration by the Appeals Board at its March meeting under the Class size criteria. The Appeals Board considered the appeal and determined that it did not satisfy all the published criteria as set out in Circular 0010/2018

The school has been notified of the outcome of the appeal. The Appeals Board operates independently of the Department and its decision is final.

Special Educational Needs Service Provision

Ceisteanna (281)

Peter Fitzpatrick

Ceist:

281. Deputy Peter Fitzpatrick asked the Minister for Education and Skills if his attention has been drawn to the difficulties schools are experiencing owing to the deficiencies in the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016; if his attention has been further drawn to the practicalities of the employment of substitute special needs assistants in schools; if his attention has been drawn to the fact that these difficulties sometimes result in schools having no choice but to send pupils with special educational needs home due to the fact their welfare cannot be adequately protected; his plans with the Minister for Justice and Equality to address this legislative deficiency; the practical guidance he will provide to schools to address this issue pending the necessary amending legislation; and if he will make a statement on the matter. [14111/18]

Amharc ar fhreagra

Freagraí scríofa

In April 2016, my colleague, the Minister for Justice and Equality commenced the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 (the Vetting Act) which put in place statutory requirements for the Garda vetting of persons involved in working with children and vulnerable persons.

The Vetting Act applies not just to schools but to any relevant organisation that employs, contracts, permits or places a person in relevant work with children or vulnerable persons.  

The vetting legislation and the vetting procedures operated by the National Vetting Bureau fall within the remit of the Minister for Justice and Equality.  However, when the statutory vetting requirements were commenced my Department issued circular 0031/2016 which set out the statutory vetting requirements applicable to schools along with the practical arrangements in place to support the vetting procedures. 

The circular outlines that the Vetting Act allows for some limited exemptions to the requirement under Section 12(1) of the Act to obtain a vetting disclosure from the National Vetting Bureau prior to commencing an employment, including in certain circumstances in the case of persons such as special needs assistants (SNA’s) undertaking recurring substitute employment in a particular school.   The exemptions include-

- where a person was previously employed as a substitute by that same school authority prior to 29 April 2016.

- where a vetting disclosure from the Bureau was received by the school authority in respect of the person’s initial substitute employment, in such a case, there is no requirement for that school authority to obtain a further vetting disclosure from the Bureau in respect of that person prior to employing him or her in subsequent substitute positions.

Schools may also maintain a list of prospective substitute SNA employees and in doing so ensure that, as far as possible, a vetting disclosure is obtained at the point on which the person is being added to that list or as soon as possible thereafter (rather than waiting until when the person is about to commence his or her employment).  In this way schools can ensure that the vetting disclosure has been obtained in sufficient time to allow that SNA to commence work in the school at short notice.

School Accommodation Provision

Ceisteanna (282)

Mary Butler

Ceist:

282. Deputy Mary Butler asked the Minister for Education and Skills his plans to open a school (details supplied) in County Waterford; the status of same; and if he will make a statement on the matter. [14122/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, I have announced new plans aimed at accelerating the provision of multi-denominational and non-denominational schools across the country, in line with the choices of parents, families and school communities and the Programme for Government commitment to reach 400 such schools by 2030.

I would point out that the previous model of patronage divestment yielded only a very limited number of schools for transfer to multi-denominational patrons (10 since 2013). I believe that the new schools reconfiguration for diversity process has the potential to significantly increase patron diversity in our school system.

While these new structures are being introduced, my Department will continue to work with the main stakeholders to progress delivery of diversity in areas already identified, of which the area referred to by the Deputy is one.

School Accommodation Provision

Ceisteanna (283)

Margaret Murphy O'Mahony

Ceist:

283. Deputy Margaret Murphy O'Mahony asked the Minister for Education and Skills when an additional school accommodation application submitted in 2016 by a board (details supplied) will be made available to the board; and if he will make a statement on the matter. [14123/18]

Amharc ar fhreagra

Freagraí scríofa

I can confirm that the school referred to by the Deputy has submitted an application to my Department to provide additional accommodation.

The application is currently under consideration by my Department in the context of the requirement for increased special education provision in the area. On completion of this process my Department will be in further contact with the school authority.

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