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Tuesday, 1 May 2018

Written Answers Nos. 164-177

School Fees

Ceisteanna (164)

Aengus Ó Snodaigh

Ceist:

164. Deputy Aengus Ó Snodaigh asked the Minister for Education and Skills the reason a school (details supplied) increased its fees for music lessons by 50%; and if this increase will be reconsidered in view of the fact that this will be untenable for students that are already struggling to meet the financial costs of studying. [18933/18]

Amharc ar fhreagra

Freagraí scríofa

In 2014, my Department established the ‘Committee for Non-Mainstream Department of Education and Skills funded Music Education’. The Committee was established to, inter alia, oversee the work of organisations in receipt of funding by the Department of Education and Skills in relation to non-mainstream music education.

In its engagement with organisations including CDETB, the Committee has suggested that emphasis of Department-funded tuition should be focused on young individuals up to eighteen years, and also suggested that the Centre should focus on group tuition to allow more students overall to benefit from the service.

The decision to increase fees is an operational matter for which CDETB has responsibility. In view of this I have forwarded your query to the City of Dublin Education and Training Board for direct reply to the Deputy.

Teacher Training Provision

Ceisteanna (165)

Kathleen Funchion

Ceist:

165. Deputy Kathleen Funchion asked the Minister for Education and Skills the number of teacher training graduates who have completed a special educational needs component in their initial teacher training; and if he will make a statement on the matter. [18952/18]

Amharc ar fhreagra

Freagraí scríofa

Programmes of initial teacher education (ITE) were reconfigured and extended in line with the Teaching Council’s Initial Teacher Education: Criteria and Guidelines for Programme Providers and the changes to ITE proposed in the National Strategy to Improve Literacy and Numeracy among Children and Young People 2011-2020. Under the reconfigured model, inclusive education, including special education, is a mandatory area of study for all student teachers who are undertaking ITE programmes at primary and post-primary levels.

The first graduates of the lengthened and reconfigured programmes were in 2016. It is estimated that there were c. 3,400 graduates from the primary and post-primary programmes of Initial Teacher Education in 2017 with a similar number expected to graduate in 2018.

The Deputy should note also that my Department annually funds post-graduate programmes for approximately 400 teachers involved in Learning Support and special education.

Schools Building Projects Status

Ceisteanna (166)

Michael McGrath

Ceist:

166. Deputy Michael McGrath asked the Minister for Education and Skills when the overall contract for the construction of a new education campus (details supplied) in County Cork will go to tender; when the campus development will be completed; when the schools will open on the campus site; and if he will make a statement on the matter. [18955/18]

Amharc ar fhreagra

Freagraí scríofa

The project to which the Deputy refers has been devolved for delivery to the local Education & Training Board.

The Design team has now completed a revised Stage 2B report which was recently submitted to my Department for consideration. In addition, contractors for the project are in the process of being pre-qualified.

Once the pre-qualification of contractors has been completed and the stage 2B submission has been approved, the intention is that the project will proceed to tender and construction. It is not possible to say when the project will commence on-site until these processes have been completed.

Third Level Staff

Ceisteanna (167)

Kathleen Funchion

Ceist:

167. Deputy Kathleen Funchion asked the Minister for Education and Skills the progress his Department has made in respect of the implementation of the Cush report regarding part-time and fixed-term employment in third level institutions; and if he will make a statement on the matter. [18969/18]

Amharc ar fhreagra

Freagraí scríofa

The Report of the Chair of the Expert Group on Fixed Term and Part-Time issues in Lecturing in Ireland was published in July 2016 and the Report contains a number of recommendations that assist in addressing concerns raised about the level of part-time and fixed-term employment in lecturing in the third level sector.

My Department issued directions to the sector to implement the recommendations contained in the report in accordance with the terms of the Lansdowne Road Agreement and my understanding is that the Institutions have done so.

If a union representing lecturing grades believes that a third level college is not implementing the recommendations contained within the Report of the Chair of the Expert Group, that union can seek to have the matter addressed using the dispute resolution procedures provided for in the Public Service Agreement.

Third Level Staff

Ceisteanna (168)

Kathleen Funchion

Ceist:

168. Deputy Kathleen Funchion asked the Minister for Education and Skills the status of the establishment of an adjudicator system to hear disputes arising from the implementation of the Cush report as requested by his Department in 2017. [18970/18]

Amharc ar fhreagra

Freagraí scríofa

My Department wrote to the university sector in June 2017 requesting that an Adjudicator process be put in place to ensure implementation of the Cush Report.

I understand that following consultation with the unions the university sector has now appointed an Adjudicator and established an adjudication system for the purposes of the Cush Report.

Teaching Contracts

Ceisteanna (169)

Kathleen Funchion

Ceist:

169. Deputy Kathleen Funchion asked the Minister for Education and Skills the progress his Department has made in respect of the implementation of the Ward report; and if he will make a statement on the matter. [18971/18]

Amharc ar fhreagra

Freagraí scríofa

The Haddington Road Agreement provided for the establishment of an Expert Group to consider and report on the level of fixed-term and part-time employment in teaching, having regard to the importance for teachers of employment stability and security and taking account of system and school needs and Teaching Council registration requirements.

The report of the Chair of the Expert Group (the Ward Report) was published in September 2014.

The Report recommended changes to take place from the commencement of the 2015/16 school year. These changes were implemented by my Department under Circular 0023/2015 (primary) and Circular 0024/2015 (post-primary).

The changes recommended in the Report and implemented by my Department allow fixed-term and part-time teachers to acquire permanent full-time positions more easily and quickly than before.

Schools Building Projects Status

Ceisteanna (170)

Jonathan O'Brien

Ceist:

170. Deputy Jonathan O'Brien asked the Minister for Education and Skills the position regarding the recent announcement of the construction of a new school in Gurranabraher, County Cork; and if he will make a statement on the matter. [18977/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, I announced plans for the establishment of 42 new schools over the next four years (2019 to 2022), including a new primary school to be established in 2021 to serve the Gurranbraher-Cork City school planning area. This announcement follows nationwide demographic exercises carried out by my Department into the future need for primary and post-primary schools across the country and the 4-year horizon will enable increased lead-in times for planning and delivery of the necessary infrastructure.

Following on from the announcement, the locations for all of the schools will be determined as part of the site acquisition process.

A patronage process is run after it has been decided, based on demographic analysis, that a new school is required. This patronage process is open to all patron bodies and prospective patrons. Parental preferences for each patron, from parents of children who reside in the school planning areas concerned, together with the extent of diversity currently available in these areas, are key to decisions in relation to the outcome of this process.

The patronage process for new schools is overseen by an external independent advisory group, the New Schools Establishment Group (NSEG). Following their consideration of my Department’s assessment reports, the NSEG submits a report with recommendations to me for consideration and final decision. The assessment reports and the NSEG recommendations for all such patronage processes are available on my Department's website.

An Online Patronage Process System (OPPS) is currently being developed by my Department to provide objective information to all parents which will allow them to make an informed choice about their preferred model of patronage for their child’s education. Parental preferences are currently collected based on direct engagement with patron bodies.

Education and Training Boards Staff

Ceisteanna (171)

Donnchadh Ó Laoghaire

Ceist:

171. Deputy Donnchadh Ó Laoghaire asked the Minister for Education and Skills if it is possible to register with an education and training board or ETB as a registered tutor for drama, music or otherwise; and the procedure for registration. [19029/18]

Amharc ar fhreagra

Freagraí scríofa

Each ETB is responsible for the recruitment and management of its staff and my Department has no direct role in such matters.

If an individual wishes to be employed in an ETB as a tutor for drama, music or otherwise, they should contact their local ETB which will be able to advise on available vacancies and the procedures for recruitment.

Schools Building Projects Status

Ceisteanna (172)

Kathleen Funchion

Ceist:

172. Deputy Kathleen Funchion asked the Minister for Education and Skills the way in which his Department plans to deal with the provision of a sports hall for a school (details supplied); and the details of project preparatory or pre-planning works carried out to date in addition to likely project timelines should a planning application be approved. [19030/18]

Amharc ar fhreagra

Freagraí scríofa

I am pleased to advise the Deputy that architectural planning has commenced for the delivery of the PE hall under the Department's Design and Build Programme. This PE hall forms part of a joint school building project. Site surveys have commenced in advance of preparing the planning application which will be the next key milestone in the progression of the project. It is not possible to provide timelines for the further progression of the project to tender and construction stages until all statutory approvals have been secured.

School Patronage

Ceisteanna (173)

Catherine Murphy

Ceist:

173. Deputy Catherine Murphy asked the Minister for Education and Skills the location and patronage of the new schools recently announced in the capital plan for County Kildare; if such details are not available, if he will provide available information in this regard; and if he will make a statement on the matter. [19031/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, I announced plans for the establishment of 42 new schools over the next four years (2019 to 2022). This announcement follows nationwide demographic exercises carried out by my Department into the future need for primary and post-primary schools across the country and the 4-year horizon will enable increased lead-in times for planning and delivery of the necessary infrastructure.

Following on from the announcement, the locations for all of the schools will be determined as part of the site acquisition process.

A patronage process is run after it has been decided, based on demographic analysis, that a new school is required. This patronage process is open to all patron bodies and prospective patrons. Parental preferences for each patron, from parents of children who reside in the school planning areas concerned, together with the extent of diversity currently available in these areas, are key to decisions in relation to the outcome of this process. It is expected that patronage processes for schools due to open in September 2019 will be run in 2018.

The patronage process for new schools is overseen by an external independent advisory group, the New Schools Establishment Group (NSEG). Following their consideration of my Department’s assessment reports, the NSEG submits a report with recommendations to me for consideration and final decision. The assessment reports and the NSEG recommendations for all such patronage processes are available on my Department's website.

An Online Patronage Process System (OPPS) is currently being developed by my Department to provide objective information to all parents which will allow them to make an informed choice about their preferred model of patronage for their child’s education. Parental preferences are currently collected based on direct engagement with patron bodies.

Schools Building Projects Applications

Ceisteanna (174)

Fergus O'Dowd

Ceist:

174. Deputy Fergus O'Dowd asked the Minister for Education and Skills his views on an issue raised in correspondence from a school (details supplied); and if he will make a statement on the matter. [19039/18]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that the school in question submitted a master plan containing details of how it envisaged the school developing in the future. The master plan would require significant capital funding to undertake a major extension and refurbishment of the existing school building. The school indicated that the proposed project would cater for future demographic growth in the area as well as providing additional specialist accommodation.

My Department liaised with the school in the context of the priority elements of the proposal. The school subsequently identified science labs as a priority element and submitted an application for capital grant. Following a visit to the school by my Department's inspectorate, a devolved grant for two science labs was approved to the school for delivery.

At the time, my Department advised the school that we were in the process of carrying out a nationwide demographic review of all school planning areas, including the area in which the school is located to determine where future need for primary and post-primary school places across the county is required.

Arising from this review, the Deputy will be aware that my Department announced recently plans to establish 42 new schools over the next 4 years. The area where this school is located was one of the areas identified to establish a new post primary school in 2019. This new school will provide additional school capacity to meet demographic need in the area.

Following this announcement, my Department was in further contact with the school relating to the building project that has been approved. The school indicated that they will revert to the Department with additional information and this is awaited.

The Deputy will be aware that under the National Development Plan (NDP), increased funding has been provided for the school sector capital investment programme. This funding allows for a continued focus on the provision of new permanent school places to keep pace with demographic demand and also provides for an additional focus on the refurbishment of existing school buildings to include the building and modernisation of PE facilities in primary and post-primary schools.

School Discipline

Ceisteanna (175)

Thomas Byrne

Ceist:

175. Deputy Thomas Byrne asked the Minister for Education and Skills his views on whether the section 29 procedure is inappropriate in the case of a proposed expulsion or suspension of a child with special needs; and his plans for reform in the area. [19043/18]

Amharc ar fhreagra

Freagraí scríofa

Under Section 23 of the Education (Welfare) Act 2000 each school is required to develop a Code of Behaviour. Each Code of Behaviour must be developed in accordance with the Education Welfare Service national guidelines, Developing a Code of Behaviour: Guidelines for Schools.

Each school Code of Behaviour sets out the standards of behaviour that shall be observed by each student attending the school. The Code of Behaviour must also set out any measures that the school may take when a student fails or refuses to observe those standards of behaviour. The Code of Behaviour must also disclose the procedures to be followed before a student may be suspended or expelled from the school. The School must implement fair procedures when considering whether to suspend or expel a student and the school is obliged to take special care to ensure that the fair procedures are accessible to students with special educational needs.

Under Section 29 of the Education Act, 1998 an appeal can be made to the Secretary General of my Department where a board of management has decided to suspend a student for more than 20 school days in any school year or to permanently expel a student. In relation to expulsion, a Section 29 appeal can only be taken where a board of management have formally decided to expel a student. Under Section 24 of the Education Welfare Act, 2000 a board of management must inform the Education Welfare Service of Tusla when they intend to expel a student and the Board must allow 20 school days to pass before making a decision on whether to formally proceed with the expulsion.

Each Section 29 Appeals Committee conduct a full ‘de novo’ appeal on the matter. The Appeals Committee must come to their own independent determination on whether the suspension or expulsion is warranted. In the appeal hearing, parents outline the grounds for their appeal and they are also allowed to question the school representatives through the Appeals Committee chairperson.

Each Section 29 Appeals Committee is made up of three members. One of these must be a serving school inspector and the other two members are normally retired former school principals and inspectors. It is generally individuals with significant experience of working in the education sector, normally at a senior level in schools, who are appointed to serve as Appeal Committee members. My Department also provides regular training to Section 29 Appeal Committee members.

While I do not believe that the Section 29 Appeals process is inappropriate in the case of a suspension or expulsion of a student with special educational needs, I am proposing to make some changes to the Section 29 Appeals process as part of the Education (Admission to Schools) Bill 2016. These changes aim to make the Section 29 appeals process more efficient and less cumbersome for parents and schools. Among the changes proposed, I am setting out in legislation for the first time the factors that a Section 29 Appeals Committee must have regard to when hearing and determining an appeal in relation to suspension or expulsion.

Family Reunification Policy

Ceisteanna (176)

Thomas Byrne

Ceist:

176. Deputy Thomas Byrne asked the Minister for Justice and Equality the rights to work of non-EEA citizens here who are partners or spouses of Irish citizens. [18589/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that immediate family members of Irish citizens who are granted immigration status through the family reunification process have the right to work without employment permits and to establish or manage/operate a business in the State. They should receive a "stamp 4" immigration permission.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Criminal Law

Ceisteanna (177)

Denise Mitchell

Ceist:

177. Deputy Denise Mitchell asked the Minister for Justice and Equality if guidelines or restrictions exist on the use of electronic anti-loitering devices, commonly referred to as mosquito alarms; and if he will make a statement on the matter. [18625/18]

Amharc ar fhreagra

Freagraí scríofa

I can advise the Deputy that Section 2 of the Non-Fatal Offences Against the Person Act 1997 sets out the offence of assault and refers to the application of "force". Noise is expressly included as being one of the types of "force" to which section 2 of the Act applies.

I am informed by the Garda authorities that an instruction issued to all member of An Garda Síochána and directs that any complaints received regarding the use of such devices will be fully investigated with a view to seeking the directions of the Director of Public Prosecutions.

If any person has concerns about the use of such devices in a particular locality, the matter should be reported to the Gardaí.

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