Written Answers Nos. 203-218
203. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform the measures he has taken in his Department further to the Minister of State at the Department of Public Expenditure and Reform's statement (details supplied) that the Data Sharing and Governance Bill 2018 is needed to provide a legal basis for certain data transfers; and if he will make a statement on the matter. [31628/18]
Amharc ar fhreagraThe Data Sharing and Governance Bill was published on 8 June 2018 and is currently at Report Stage in the Seanad.
The purpose of the Bill is to promote and encourage data sharing between public bodies by providing a statutory framework for data sharing for legitimate and clearly specified purposes that are compliant with data protection law; and to improve the protection of individual privacy rights by setting new governance standards for data sharing by public bodies.
National and EU data protection law requires that data sharing needs an explicit legal basis. Data sharing is currently carried out by the public service under existing sectorial legislation. For example, the Student Support Act 2011 provides that public bodies may share data with Student Universal Support Ireland (SUSI) for the purposes of streamlining the processing student grant applications.
Access to the legislative schedule is limited, however, and, as a result, the process of obtaining the required powers to share data can be very slow for public bodies. Furthermore, the reliance on sectorial legislation for sharing has resulted in a piecemeal set of data sharing laws that are complex and not very transparent to the public.
The Data Sharing and Governance Bill, therefore, provides a flexible legislative gateway for data sharing by public bodies that will simplify the complex legal landscape that currently slows the pace of our efforts to modernise and improve public services. The Bill also provides a framework for public bodies to share data in a manner that is compatible with data protection law, including the new General Data Protection Regulation that came into effect on 25 May.
204. Deputy Michael Moynihan asked the Minister for Education and Skills the status of an appeal submitted by a school (details supplied) in relation to its application for additional accommodation; and if he will make a statement on the matter. [31097/18]
Amharc ar fhreagraI can confirm that my Department received correspondence from the school referred to by the Deputy seeking a review of their application for additional accommodation. The matter is currently being considered and my Department will be in further contact with the school authority on the matter at the earliest opportunity.
205. Deputy Michael Moynihan asked the Minister for Education and Skills if a school which has received an increase in its SNA allocation for the 2018-2019 school year can then reduce the hours of existing SNAs in the school; and if he will make a statement on the matter. [31126/18]
Amharc ar fhreagraTo answer the Deputy, the number of Special Needs Assistants (SNAs) employed in a school depends on the allocation given to the school by the National Council for Special Education (NCSE), based on its assessment of the special educational needs of pupils in the school. My Department has no control over the allocation process to schools and is not in a position to influence the allocation process in light of the fact that the NCSE is an independent statutory body.
A school’s allocation can increase or decrease and where schools receive a reduced allocation this can be for a variety of factors, such as pupils for whom the school had previously received an allocation have left, or have declining care needs. In light of this, the employment of SNAs may be reduced from full-time to part-time or may be terminated by way of redundancy where the approved allocation of the school is reduced.
Where a full-time SNA post within a school is reduced to a part-time post, the issue of redundancy payment in respect of the loss of hours may arise. Redundancy arrangements for SNAs are set out in Department Circular 0058/2006.
Where a school/ETB has an additional allocation of SNA hours/posts then that additional allocation of hours/posts must be offered to an existing part-time SNAs in that school, in order of seniority, before the employer has recourse to these arrangements. This means that before an employer opts to recruit a further person as an SNA, they must ensure that all existing part-time SNAs in their employment, in order of seniority, have been offered a full-time position in the school or, in the case of ETBs, a full-time position in a school within the ETB scheme. The only exception that can be made to this rule is where a school/ETB has a determination in writing from the NCSE / SENO stating that their allocation must be split amongst a specific number of SNAs and/or stating that the allocation must be implemented in a specific fashion to address the care needs of the pupil(s).
These arrangements are set out in Department Circular 0034/2018 (which can be accessed via the link https://www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0034_2018.pdf).
206. Deputy Michael Moynihan asked the Minister for Education and Skills if a school must accept the recommendations of a special educational needs organisor, SENO, in relation to the allocation of SNA hours; if the final decision regarding the allocation of SNA hours rests with the school; and if he will make a statement on the matter. [31127/18]
Amharc ar fhreagraThe National Council for Special Education (NCSE) is responsible 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.
In considering applications for SNA support for individual pupils, the NCSE 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.
SNA allocations to all schools can change from year to year as children with care needs leave the school, as new children with care needs enrol in a school and as children develop more independent living skills and their care needs diminish over time.
My Department’s policy is to ensure that every child who is assessed as needing SNA support will receive access to such support. In line with this policy, I announced in May 2018 that 800 additional SNAs will be allocated for the beginning of the next school year, with a further 140 expected to be allocated by the end of the year.
By the end of this year, there will be a total of 15,000 Special Needs Assistants working in our schools, a 42% increase on 2011.
The deployment of SNAs within a school is a matter for the school. Under Section 15 of Circular 30/2014, schools are required to put in place a Personal Pupil Plan (PPP) including a care plan for all pupils availing of SNA support. Schools who employ SNAs must have a clear policy in place, as part of the school planning process to manage and deploy SNAs.
The NCSE Appeals Process may be invoked 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.
Schools may also appeal a decision, where the school considers that the NCSE, in applying Department policy, has not allocated the appropriate level of SNA support to the school to meet the special educational and/or care needs of the children concerned.
Where a school has received its allocation of SNA support for 2018/19, 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 closing date for receipt of any appeals in regard to SNA allocations is Friday, 28th September 2018.
207. Deputy Michael Moynihan asked the Minister for Education and Skills if it is his position that in circumstances in which a school gains an extra SNA allocation the additional posts should be offered to existing SNAs to bring them up to full-time hours in the first instance; and if he will make a statement on the matter. [31128/18]
Amharc ar fhreagraTo answer the Deputy, the number of Special Needs Assistants (SNAs) employed in a school depends on the allocation given to the school by the National Council for Special Education (NCSE), based on its assessment of the special educational needs of pupils in the school. My Department has no control over the allocation process to schools and is not in a position to influence the allocation process in light of the fact that the NCSE is an independent statutory body.
A school’s allocation can increase or decrease and where schools receive a reduced allocation this can be for a variety of factors, such as pupils for whom the school had previously received an allocation have left, or have declining care needs. In light of this, the employment of SNAs may be reduced from full-time to part-time or may be terminated by way of redundancy where the approved allocation of the school is reduced.
Where a full-time SNA post within a school is reduced to a part-time post, the issue of redundancy payment in respect of the loss of hours may arise. Redundancy arrangements for SNAs are set out in Department Circular 0058/2006.
Where a school/ETB has an additional allocation of SNA hours/posts then that additional allocation of hours/posts must be offered to an existing part-time SNAs in that school, in order of seniority, before the employer has recourse to these arrangements. This means that before an employer opts to recruit a further person as an SNA, they must ensure that all existing part-time SNAs in their employment, in order of seniority, have been offered a full-time position in the school or, in the case of ETBs, a full-time position in a school within the ETB scheme. The only exception that can be made to this rule is where a school/ETB has a determination in writing from the NCSE / SENO stating that their allocation must be split amongst a specific number of SNAs and/or stating that the allocation must be implemented in a specific fashion to address the care needs of the pupil(s).
These arrangements are set out in Department Circular 0034/2018, which can be accessed at the following link:
https://www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0034_2018.pdf
208. Deputy Kathleen Funchion asked the Minister for Education and Skills the estimated cost of providing a continuous assessment element in the leaving certificate programme. [31135/18]
Amharc ar fhreagraThe National Council for Curriculum and Assessment (NCCA) advises my Department in relation to the development of the curriculum and of assessment methodologies in schools. The NCCA have commenced a review of senior cycle programmes and vocational pathways with a view to recommending areas for development. The review commenced with the publication of a NCCA commissioned study on Upper Secondary Education in Nine Jurisdictions: Overview Report (2018). The report, in addition to other areas, sets out the approach taken to assessment, reporting and certification at upper secondary level across nine jurisdictions internationally. In relation to assessment and reporting, it concludes that most countries use a combination of external and internal assessment at this stage of education, with internal (school-based) arrangements featuring quite prominently in vocational, as opposed to academic, pathways, especially as curricula and systems at this level become more credit-based, with credits being used as a basis for student progression into further and higher education.
Methods of assessment at senior cycle will form part of a key theme for discussion by stakeholders in the NCCA's consultation on the Senior Cycle Review. Any approaches taken to assessment and the methods used will have to be consistent with, and fit, the aims of senior cycle and the curriculum goals and content of its courses and subjects; all in the interest of contributing to the learning progress and achievements of students.
Given the early stage of the work which the NCCA is undertaking on the review of senior cycle, the cost of providing a continuous assessment element in a new senior cycle programme cannot yet been estimated.
Further information in relation to the review of senior cycle, including the above mentioned report, is available on the NCCA website at https://www.ncca.ie/en/senior-cycle/senior-cycle-review
209. Deputy Kathleen Funchion asked the Minister for Education and Skills the previous estimated cost of the junior certificate programme; and the estimated cost of the new junior cycle programme. [31136/18]
Amharc ar fhreagraImplementation of the new Framework for Junior Cycle commenced in September 2014 with the introduction of English, for first year students. Subjects are being introduced on a phased basis up to 2019, as well as the new Wellbeing area of learning.
Given the range of areas and bodies impacted by development, implementation and assessment of the new Framework, as well as the difficulty of disaggregating certain cost elements, it is not possible to provide a figure for the overall costs of its introduction. However, in terms of significant cost components, it is estimated that some €8 million will be spent in 2019 on Continuing Professional Development (CPD) for teachers and the provision of management resource hours to schools. Significant provision has also been made for professional time for all teachers involved in the delivery of Junior Cycle, in order to support schools and teachers in implementing the new arrangements. This allocation equates to 22 hours of professional time for each full-time teacher each year to ensure that class contact time is not reduced, and costs approximately €40 million per annum.
It is not possible, given the broad and embedded nature of many of the costs involved, together with the historical nature of some costs, to provide a figure for the cost of the earlier junior certificate programme.
210. Deputy Kathleen Funchion asked the Minister for Education and Skills if research has been carried out on providing a continuous assessment proportion to the leaving certificate; and if so, if same will be provided. [31137/18]
Amharc ar fhreagraThe National Council for Curriculum and Assessment (NCCA) advises my Department in relation to the development of the curriculum and of assessment methodologies in schools. The NCCA have commenced a review of senior cycle programmes and vocational pathways with a view to recommending areas for development. The review commenced with the publication of a NCCA commissioned study on Upper Secondary Education in Nine Jurisdictions: Overview Report (2018). The report, in addition to other areas, sets out the approach taken to assessment, reporting and certification at upper secondary level across nine jurisdictions internationally. In relation to assessment and reporting, it concludes that most countries use a combination of external and internal assessment at this stage of education, with internal (school-based) arrangements featuring quite prominently in vocational, as opposed to academic, pathways, especially as curricula and systems at this level become more credit-based, with credits being used as a basis for student progression into further and higher education.
The review of senior cycle offers those working in Irish education and the general public an opportunity to contribute to building a shared vision for senior cycle. Assessment, reporting and certification will be one of the key themes discussed by stakeholders, and by students, teachers, management and parents in the 40 schools involved in the consultation cycles used for the review. The key task in this area of the review is to ensure that the approaches taken to assessment and the methods used are consistent with, and fit, the aims of senior cycle and the curriculum goals and content of its courses and subjects; all in the interest of contributing to the learning progress and achievements of students.
Further information in relation to the review of senior cycle, including the above mentioned report, is available on the NCCA website at https://www.ncca.ie/en/senior-cycle/senior-cycle-review
211. Deputy Brian Stanley asked the Minister for Education and Skills the status of plans for a new building for schools (details supplied); and his plans for the demolition of the old school at the site it is to be situated. [31157/18]
Amharc ar fhreagraThe school building project to which the Deputy refers is currently at tender stage. A Letter of Intent for this project issued on 29th June 2018. The Letter of Acceptance appointing the contractor is expected to be issued in Quarter 3 of 2018. The first element of the building contract will be the demolition of the school which remains on the site. The demolition programme is 8 weeks and construction programme is 44 weeks. Completion and Handover is expected to be Quarter 3 of 2019.
212. Deputy Mary Lou McDonald asked the Minister for Education and Skills the protected disclosures policy and procedures in place for employees in the further education sector prior to enactment of the Protected Disclosures Act 2014; and the Higher Education Authority's role in the oversight and implementation of such disclosures prior to 2014. [31164/18]
Amharc ar fhreagraReflecting their respective roles and responsibilities in relation to the governance and oversight of the higher education sector, my Department and the Higher Education Authority (HEA) have consistently sought to treat information received regarding possible wrongdoing very seriously, both prior to and subsequent to the enactment of the Protected Disclosures Act in July 2014. In particular disclosures of what could potentially comprise relevant information under the Protected Disclosures Act made to my Department or the HEA have been dealt with in accordance with the legislative framework provided by the Act and procedures consistent with the guidance for public bodies issued by the Minister for Public Expenditure and Reform under section 21 of the Act. The Protected Disclosures Act itself has retrospective effect to the extent that redress can be sought by a worker in respect of penalisation for making a protected disclosure made before the legislation was commenced where the penalisation was subsequent to or ongoing from that date.
Prior to the enactment of the Protected Disclosures Act, the HEA wrote to all institutions under its aegis in May 2014 advising that the higher education sector should not wait until the legislation is enacted but should put in place a process where a person may give information on a confidential basis to a specified person who can act as an intermediary in the investigation of any allegations into misconduct or mis-governance in a higher education institution. As far as the policy in place in the higher education sector prior to the Protected Disclosures Act for dealing with disclosures of potential wrongdoing is concerned, the codes of governance in place since 2012 in the higher education sector contained a provision that governing bodies should put in place procedures for confidential disclosure or good faith reporting whereby employees may, in confidence, raise concerns about possible irregularities in financial reporting or other matters and for ensuring meaningful follow-up of matters raised in this way. This approach was in turn based on the provisions of the 2009 code of practice for the governance of State bodies. The oversight and implementation of any disclosures received by the HEA prior to Protected Disclosures Act coming into effect, would have depended on the specific circumstances of each individual case. I understand that concerns raised with the HEA would have been assessed to seek to determine the most appropriate course of action based on the information received. This could have potentially involved, for example, further contact with the individual raising the concern to obtain more information or the making of a request to the relevant higher education institution for a response to the issues raised in order for the HEA to consider the matter and next steps further.
213. Deputy James Lawless asked the Minister for Education and Skills the secondary schools that provide classes and supports for secondary school children on the autism spectrum in County Kildare; and if he will make a statement on the matter. [31171/18]
Amharc ar fhreagraIt is the policy of this Department that all children with Special Educational Needs, including those with Autism, can have access to an education appropriate to their needs, preferably in school settings through the primary and post primary school network.
Such placements facilitate access to individualised education programmes which may draw from a range of appropriate educational interventions, delivered by fully qualified professional teachers, with the support of Special Needs Assistants and the appropriate school curriculum.
The NCSE policy advice on Supporting Students with Autism Spectrum Disorder (2016) found that Students are generally well supported in schools with appropriate curriculum; extensive teacher and SNA supports; improving range of educational placements supported by improved accommodation and equipment; improved teacher knowledge and understanding and a generally good standard of provision at primary and post primary levels.
The NCSE policy advice noted that ASD is a spectrum condition, so some students with ASD require little support in school and are relatively independent in their learning, while others require significant levels of support.
The NCSE Policy Advice also states that International Research findings suggest that most students with ASD should be considered for inclusion in mainstream education with their peers, where inclusion is well-planned and well-resourced.
Decisions about placement should be based on individual needs and take into account a number of factors including parental wishes, availability of evidence-based treatments and well-trained staff and individual factors such as targets for intervention and management of behaviours.
There is therefore not one preferred educational environment for children with ASD, rather there is a model which takes into account the assessed educational needs of individual pupils.
As such, this Department’s policy focuses on ensuring that all students, including those with autism spectrum disorders, can have access to an education appropriate to meeting their needs and abilities.
The range of supports and services which are made available include additional special educational support teaching, Special Needs Assistants support, funding for the purchase of specialised equipment, services of the National Educational Psychological Service (NEPS), enhanced levels of capitation in Special schools and Special Classes and additional teacher training.
Other resources which are provided to schools to support children with Autism include the following:
- Assistive technology.
- Professional development for teachers.
- Access to the Special School transport scheme.
- Access to special equipment and furniture where required.
- Enhanced capitation grant.
- Adapted school buildings.
- Access to the extended school year scheme. (July Provision)
The greater proportion of children with Autism attend mainstream classes, but students, although academically able to access the curriculum in mainstream, may find it too difficult to manage full-time placement there and will require the environment of a ASD special class. This can be due to significant difficulties in areas such as behaviour or sensory needs which have not been ameliorated, even with appropriate intervention, in mainstream.
Students enrolling in ASD Special Classes must have a report from a relevant professional or team of professionals (for example, psychologist, psychiatrist) stating that:
- S/he has ASD
- S/he has significant learning needs that require the support of a special class setting and the reasons why this is the case.
Special class for students with ASD are staffed with a lower pupil–teacher ratio of 6:1 at primary level and 6:1.5 at post primary level, and also have a minimum of two SNAs for every class of 6 children.
The NCSE, through its network of local Special Educational Needs Organisers (SENOs), in consultation with the relevant education partners, is responsible for the establishment of special classes in various geographical areas where there is an identified need.
The NCSE is aware of emerging need from year to year, and where special class provision is required, it is planned and established to meet that need.
Since 2011, the NCSE has increased the number of such classes by over 130% from 548 in 2011 to 1,304 across the country now, of which 1,048 are Autism Spectrum Disorder (ASD) special classes. This network includes 130 ASD early intervention classes, 641 primary ASD classes and 277 post-primary ASD classes in mainstream schools.
The NCSE, in looking to open special classes, must take into account the present and future potential need for such classes, taking particular account of the educational needs of the children concerned. The NCSE will also take account of location and sustainability in looking to establish special classes in certain areas.
There are currently 70 special classes in the Co. Kildare, including 14 ASD special classes at post primary level. The NCSE has informed my Department that to date they have sanctioned 5 new ASD classes, 4 Primacy ASD and 1 Post Primary ASD, due to open in September 2018. Details of all special classes for children with special educational needs are available on www.ncse.ie in county order.
The NCSE is continuing to work with schools, parents, NEPS, health professionals and other staff who are involved in the provision of services for children with special educational needs in Kildare, to ensure that each child has a school placement appropriate to their needs for the 2018/19 school year and beyond.
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.
My Department has acknowledged that in recent years the establishment of special class provision in some schools and communities has been challenging.
As part of the process of planning for future provision, a number of measures have been included in the Education (Admission to Schools) Bill 2016 to provide certain powers to the NCSE to designate a school placement for a child in circumstances where a child is experiencing difficulties in securing enrolment.
The Bill also proposes powers for the Minister, in certain circumstances, to require a school to open a special class for children with special educational needs. This amendment will give the Minister the power to compel a school to open a special class or classes where the National Council for Special Education has identified a need for such provision within an area.
These proposed measures would further enhance the ability of my Department and the NCSE to plan for special class provision and to address issues in provision that may arise from time in time at local levels.
Guidelines for Boards of Management and Principals of Primary and Post Primary schools contain information on setting up and organising special classes, including information on resources which may be provided to schools to establish special classes are available to download from www.ncse.ie.
214. Deputy James Browne asked the Minister for Education and Skills the number of schools with no psychologist assigned to them; and if he will make a statement on the matter. [31174/18]
Amharc ar fhreagraAs the Deputy may be aware my Department’s National Educational Psychological Service (NEPS) provides educational psychological support to all primary and post-primary schools. This involves direct support in the event of a critical incident, access to national and regional support and development work to build school capacity to support students, access to a NEPS psychologist for responses to queries arising, and access to individual pupil casework via a NEPS psychologist or through the Scheme for the Commissioning of Psychological Assessments. (SCPA).
I can inform the Deputy that, following on from an increase allowed in the 2017 Budget, the sanctioned number for NEPS psychologist stands at 184 whole-time equivalents of which some 179 w.t.e. posts are currently filled. Five posts are currently vacant due to on-going retirements and resignations, etc. within the Service. Even at this current level this represents the highest number of psychologists to be employed within NEPS since the inception of the service in 2000.
Additionally the Deputy may be aware that under the provisions of Budget 2018 I was pleased to announce that NEPS psychologist numbers will expand by a further her 10 posts from the start of the new academic year.
I can inform the Deputy that a national recruitment competition is currently in operation by the Public Appointments Service in conjunction with my Department to replenish NEPS Regional Recruitment Panels to allow for both the filling of the above-mentioned 5 vacancies and the expansion of NEPS number by a further 10 posts.
215. Deputy Seán Haughey asked the Minister for Education and Skills if his attention has been drawn to the fact that a secondary school (details supplied) is in need of refurbishment; his plans to increase capacity in the school in view of the large number of housing units under construction in the area; and if he will make a statement on the matter. [31178/18]
Amharc ar fhreagraI can confirm that my Department is in receipt of an application from the school to which the Deputy refers under my Department's Additional Accommodation Scheme (ASA).
All of the works outlined by the Deputy are included in this application with the exception of the provision of new windows and a new science laboratory. The application and associated cost plan are being considered and a decision will issue directly to the school as soon as possible.
It is open to the school to submit an ASA for additional science facilities if it considers these necessary. An application for replacement windows can be made under the Summer Works Scheme when next announced.
216. Deputy Kathleen Funchion asked the Minister for Education and Skills the estimated cost of providing 100 higher education places for students not eligible for the free EU fees scheme. [31188/18]
Amharc ar fhreagraAs the Deputy may be aware, in order to qualify for funding towards tuition fees, students must be first-time undergraduates, hold inter alia EU/EEA/Swiss nationality in their own right, and have been ordinarily resident in an EU/EEA/Swiss state for at least three of the five years preceding their entry to an approved third level course.
Where students do not qualify for free fees funding they must pay the appropriate fee - either EU or Non-EU, as determined by each higher education institution. These institutions are autonomous bodies and the level of fee payable by students who do not meet the requirements of the free fees scheme is a matter for the relevant institution.
The estimated average cost of providing higher education provision is approximately €10k per student per annum therefore total cost for an additional 100 places is approximately €1m. The Deputy should note that as course fees may vary considerably between institutions, the cost provided is an average cost taken from across the sector.
This cost per student is comprised of a Student Contribution of €3,000 per annum which is paid for by the student. The balance of funding per student eligible for free fees is met by the exchequer.
217. Deputy Kathleen Funchion asked the Minister for Education and Skills the estimated cost per place of nursing students within hospitals. [31189/18]
Amharc ar fhreagra218. Deputy Kathleen Funchion asked the Minister for Education and Skills the estimated cost per student of a completed nursing degree. [31190/18]
Amharc ar fhreagraI propose to take Questions Nos. 217 and 218 together.
The cost of educating each nursing student (undergraduate level) is approx. €10,000-€11,000 per annum. Therefore the estimated cost incurred over the four year period for the undergraduate course is €40,000-€44,000.
I wish to advise the Deputy that nursing students only receive payment for placement during year 4 of their programme. Placement in previous years of the course is unpaid.
I am advised by the Higher Education Authority (HEA) that Higher Education Institutions do not cover the cost of this paid placement. It is my understanding that student nurses are employed directly by the HSE/hospital while on year four placement.
