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Legislative Measures

Dáil Éireann Debate, Tuesday - 26 June 2018

Tuesday, 26 June 2018

Ceisteanna (170)

Kathleen Funchion

Ceist:

170. Deputy Kathleen Funchion asked the Minister for Education and Skills the estimated cost to implement the Education for Persons with Special Educational Needs Act 2004 in full. [27521/18]

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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.

A number of sections of the EPSEN Act have yet to be commenced.

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.

A total current estimate of the cost to implement the EPSEN Act in full has not recently been conducted.

The Government is committed to helping every child, particularly those with special educational needs, to fulfil their potential.

In 2018, my Department will invest over €1.75 billion in this area - 1/5 of my Department's budget and up 42% since 2011, at which point €1.24 billon was invested. This increased investment has allowed the Government to increase the number of:

- SNAs by 42%, from 10,575 in 2011 to 15,000 by the end of 2018.

- Special classes by 138% to over 1,300 at present, compared to 548 special classes in 2011.

- Special education teachers by 38% from 9,630 in 2011 to over 13,300 at present in 2018.

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.

A range of consultations with Education Partners and Stakeholders took place in relation to the development of the new model for allocating special education teachers over the course of 2017. The new model was introduced for all schools from September 2017.

Further consultations are taking place with education partners and stakeholders in the context of the undertaking of a comprehensive review of the SNA scheme. The new model substantially improves access to teaching support for children who have special educational needs without the need for diagnosis. It was introduced on a non-statutory basis, however it constitutes a better and fairer way of supporting children as it provides for supports on a needs basis as opposed to only for those with an assessment.

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 Plans 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 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, the Report of the Working Group on a Proposed New Model for Allocating Teaching Resources for pupils with Special Educational Needs, published in 2014 and more recently the Report on the Comprehensive Review of the SNA Scheme.

The new model for allocating additional teaching supports to students 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 set 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 Comprehensive Review of the Special Needs Assistant Scheme which was published by the NCSE on 30 May 2018 set out to ensure that the Scheme is achieving the best outcomes possible for children with special educational needs. Of the 13 recommendations, one of these recommendations is the development of a frontloaded model for allocating supports to schools for children with special educational needs who have additional care needs.

My Department is developing proposals to implement the recommendations of the Review. This will involve substantial engagement with key Departments and agencies as well as consultation with Education and Health Partners, Parent representatives and other stakeholders and developing proposals for early action on developing, on a pilot basis, a new allocation model and a national training programme.

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.

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