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Wednesday, 17 Feb 2021

Written Answers Nos. 432-456

Special Educational Needs

Ceisteanna (432)

Pauline Tully

Ceist:

432. Deputy Pauline Tully asked the Minister for Education the reason a child (details supplied) has been refused the grant for assistive technology even though it is deemed necessary by their teachers and occupational therapist and signed off by the SENO; and if she will make a statement on the matter. [8504/21]

Amharc ar fhreagra

Freagraí scríofa

The National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating Resource Teachers and Special Needs Assistants to schools to support children with special educational needs. SENOs also make recommendations to my Department where assistive technology is required. The NCSE operates within my Department's criteria in allocating such support. The NCSE has advised my Department that the pupil in question does not meet my Department's criteria for the allocation of Assistive Technology.

In order to qualify for equipment under the assistive technology scheme, a child must have been diagnosed with a physical or communicative disability and must also have a recommendation in a professional assessment that the equipment is essential in order to allow the child to access the curriculum. It must also be clear that the existing I.T. equipment in the school is insufficient to meet the child's needs.

It is open to the school to appeal this decision. The appeals process is outlined on my Department’s website at the following link: https://www.education.ie/en/Schools-Colleges/Services/Grants-and-Additional-Support/Assistive-Technology-Grant/

All schools have the names and contact details of their local SENO. Parents may also contact the SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie. It is open to the school and/or parents to contact the SENO in the context of supports that may be available to support the pupil in question.

Special Educational Needs

Ceisteanna (433)

Thomas Pringle

Ceist:

433. Deputy Thomas Pringle asked the Minister for Education if dyslexia assessments will continue to run for children referred by their schools (details supplied); and if she will make a statement on the matter. [8511/21]

Amharc ar fhreagra

Freagraí scríofa

DES Circular 007/2019 for primary schools and 008/2019 for post primary schools set out the details of the model for allocating special education teachers to schools.

The Special Education Teaching allocation provides a single unified allocation for special educational support teaching needs to each school, based on each school’s educational profile. This model has replaced the previous model of allocating resource teaching support and learning support to schools.

The Special Education Teacher allocation, allows schools to provide additional teaching support for all pupils who require such support in their schools and for schools to deploy resources based on each pupil’s individual learning needs.

It gives greater flexibility to schools as to how they can deploy their resources, to take account of the actual learning needs pupils have, as opposed to being guided by a particular diagnosis of disability, and schools are guided as to how they should make such allocation decisions.

The school will take account of learning needs of children as evidenced by performance in schools but also supported where relevant by information provided regarding the nature of a condition that a pupil may have.

The Department of Education and Skills has published guidelines for schools as to how they should utilise and deploy their resources under the new allocation model, which are available at www.education.ie.

The guidelines support schools in how they identify pupils for additional teaching support and decide how much support to provide for pupils who need it.

Under the special education teacher allocation model schools are frontloaded with resources, based on each schools profile, to provide supports immediately to those pupils who need it without delay.

Children who need support can have that support provided immediately rather than having to wait for a diagnosis.

Children do not have to be labelled with a particular condition to qualify for extra teaching assistance. (Suggest replace with Children and young people do not require a diagnosis in order to access support for their learning difficulties in school,

The model gives greater freedom to schools to give extra teaching help to the pupils who most need it, regardless of their diagnosis.

Schools also do not have to give a set amount of time to pupils based on their disability category. They can give the most assistance to the pupils who need the support most and allocate resources based on needs.

Dyslexia is understood in the context the severity and persistence of an individual’s needs over time and their response to intervention. This approach aligns with the new Special Educational model in schools, which uses a problem solving approach to identify the specific needs of the individual, places the focus on matching of specific interventions to that need and support their literacy development and reviews progress.

Children who have additional learning needs in school, including children with dyslexia, may receive additional teaching support in schools, without a requirement for them to have a formal assessment or diagnosis of a particular condition.

School Staff

Ceisteanna (434)

Steven Matthews

Ceist:

434. Deputy Steven Matthews asked the Minister for Education if her attention has been drawn to the ongoing concerns of staff in a school (details supplied); and the steps she will take to alleviate these concerns at the school. [8522/21]

Amharc ar fhreagra

Freagraí scríofa

Guidance documents issued to all primary and special schools on the 3rd of February to support the phased re-opening of special education. This guidance included updated public health guidance and a framework document which outlines temporary time-bound staffing arrangements, information on childcare, the application of substitution arrangements and other matters.

Updated Covid-19 response plan templates have also been provided to schools. In addition, funding is in place to support implementation of all infection prevention control (IPC) measures required by the Health Protection Surveillance Centre (HPSC) including the provision of appropriate PPE for SNAs and Special Education Teaching staff. Any school that needs additional funding for PPE can get in touch with the Department.

School transport services will fully operate with the continued additional hygiene and other measures that were introduced on school transport services at the start of the school year. Parents have been asked to notify schools three days in advance where they would prefer not to avail of the service during this interim phase. Public health guidelines are being implemented on the Special Educational Needs transport scheme, however where parents would prefer not to use the service during this interim period, the Department will make temporary grants available for transport. Parents can resume using their tickets when schools reopen in full.

As primary schools are partially reopening for the provision of in-school learning for special classes on Monday 22nd February 2021, schools have capacity to utilise the whole of the school premises, as required. Enhanced cleaning regimes should resume when schools reopen during this phase.

The Department is very appreciative of the ongoing efforts of the school community working to limit the risk of the spread of COVID-19 in schools and ensuring that the infection control measures put in place in line with the school COVID-19 response plans are effective in making schools safe for children and staff.

School Accommodation

Ceisteanna (435)

Steven Matthews

Ceist:

435. Deputy Steven Matthews asked the Minister for Education if her attention has been drawn to a capacity issue at a school (details supplied); and the steps she will take to alleviate the issue. [8524/21]

Amharc ar fhreagra

Freagraí scríofa

I can confirm that in relation to the school to which the Deputy refers, my Department and it’s Project Management Team are currently working to put in place a solution for the school in order to accommodate enrolment for the next academic year.

My Department's officials have and will continue to keep the school authority fully updated in this regard.

Schools Building Projects

Ceisteanna (436)

Steven Matthews

Ceist:

436. Deputy Steven Matthews asked the Minister for Education the status of the new school building for a school (details supplied). [8526/21]

Amharc ar fhreagra

Freagraí scríofa

I can confirm that Officials from my Department have identified a number of potential site options in Wicklow Town for the permanent location for Wicklow Educate Together Secondary School and negotiations are ongoing with the landowners.

Officials are working towards acquiring the most suitable site for this school while ensuring value for money for the exchequer is achieved. Officials from Wicklow County Council are assisting my Department in this regard.

While a site acquisition process is underway and, given the commercial sensitivities associated with land acquisitions generally, I am not in a position to comment further at this time.

School Transport

Ceisteanna (437)

Matt Carthy

Ceist:

437. Deputy Matt Carthy asked the Minister for Education the number of those eligible for school transport applicants that had or have not yet secured a place on a bus due to late payment of fees by county and month from September 2020 to date in tabular form; and if she will make a statement on the matter. [8536/21]

Amharc ar fhreagra

Freagraí scríofa

School Transport is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the current school year over 113,100 children, including over 14,500 children with special educational needs, are transported on a daily basis to primary and post-primary schools throughout the country at a cost of over €224.7m in 2020.

The purpose of my Department's School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school.

Bus Éireann has confirmed the number of eligible pupils by county who applied late for school transport and up to 21st January 2021, had not yet secured a place on a service and these figures are provided in the attached document. Please note that the figures are at a given point in time and are subject to change as Bus Éireann continue to offer tickets where capacity may exist.

County

The number of applications by children eligible for school transport who have not yet secured a place on a bus due to late payment of fees by county in tabular form

Carlow

29

Cavan

100

Clare

48

Cork

176

Donegal

199

Dublin

29

Galway

187

Kerry

27

Kildare

65

Kilkenny

34

Laois

2

Leitrim

32

Limerick

111

Longford

36

Louth

40

Mayo

131

Meath

38

Monaghan

66

Offaly

31

Roscommon

42

Sligo

26

Tipperary

113

Waterford

40

Westmeath

54

Wexford

60

Wicklow

42

Grand Total

1758

Psychological Assessments

Ceisteanna (438)

Pauline Tully

Ceist:

438. Deputy Pauline Tully asked the Minister for Education the number of children in each county who are awaiting an appointment with a National Educational Psychological Service, NEPS, psychologist; the number who are waiting less than six months, six to 12 months and more than 12 months, respectively, in tabular form; and if she will make a statement on the matter. [8569/21]

Amharc ar fhreagra

Freagraí scríofa

The National Educational Psychological Service (NEPS) is the psychological service of my Department. It is a school-based service with an overall objective of providing an educational psychology service to all schools, through the application of psychological theory and practice, to support the wellbeing, and academic, social and emotional development of all learners. NEPS prioritises support for learners at risk of educational disadvantage and those with special educational needs.

In common with many other psychological services and best international practice, NEPS has adopted a consultative model of service. This model does not operate on a waiting lists basis. The NEPS Model of Service is one where there is a balance between consultation and casework about individual children, and support and development work with school personnel. This model is based on what the research shows is effective in the application of psychology and facilitates a number of ways for psychologists to engage with schools. The needs of children and young people are met most effectively where parents, teachers and psychologist work collaboratively, consulting with each other with regard to the issue or concern. Other agencies and other staff in the school may also be involved. This could for example include a special education teacher, SNA or personnel from the NCSE. The focus is on empowering teachers to intervene effectively with pupils whose needs range from mild to severe and transient to enduring.

NEPS encourages and supports schools to use a continuum based assessment and intervention process whereby each school takes responsibility for initial assessment, educational planning and intervention for pupils with learning, emotional or behavioural difficulties. Teachers may consult their NEPS psychologist should they need to at this stage in the process. Only in the event of a failure to make reasonable progress, in spite of the school's best efforts in consultation with NEPS, will the psychologist become involved with an individual child for intensive intervention or assessment.

This system allows psychologists to give early attention to urgent cases and also to help many more children indirectly than could be seen individually. It also ensures that children are not referred unnecessarily for psychological intervention.

Schools Building Projects

Ceisteanna (439)

Seán Sherlock

Ceist:

439. Deputy Sean Sherlock asked the Minister for Education the status of a tender process for a school (details supplied). [8584/21]

Amharc ar fhreagra

Freagraí scríofa

The building project referred to by the Deputy is being delivered under my Department’s Design and Build Programme.

The tender process to establish a new Design & Build Contractors Framework commenced on the 4th December 2019. The second stage of the tender process which involves the detailed tender for several schools is expected to be concluded in Quarter 1 2021. It is anticipated that the project referred to by the Deputy will proceed to tender in Quarter 2 2021.

Schools Building Projects

Ceisteanna (440)

Seán Sherlock

Ceist:

440. Deputy Sean Sherlock asked the Minister for Education the status of a tender process for a school (details supplied). [8585/21]

Amharc ar fhreagra

Freagraí scríofa

The building project referred to by the Deputy is being delivered under my Department’s Design and Build Programme and planning permission has been secured for the campus project.

The decision to grant planning permission by the Local Authority was subject to 57 conditions primarily related to the specification and construction of a significant road network which is essential to access the school site and which will be built by a third party developer.

My Department, through its Project Managers and their Design Team, continues to work closely with the developer and the Local Authority in relation to the necessary planning compliance documentation for both the schools and the roads. Following agreement with the local authority on compliance matters, it is the developer’s intention to commence the roads construction in early 2021.

My Department is currently in the process of establishing a Framework of Design and Build Contractors to which Design and Build projects, including the project referred to by the Deputy, can be tendered. That Framework is expected to be in place within Quarter 1 2021. My Department’s intention is to have the project referred to by the Deputy tendered as early as possible thereafter following the establishment of that Framework of Contractors.

Covid-19 Pandemic

Ceisteanna (441)

Mark Ward

Ceist:

441. Deputy Mark Ward asked the Minister for Education if a small class in a school (details supplied) will be permitted to return when other special needs classes are returning. [8594/21]

Amharc ar fhreagra

Freagraí scríofa

My Department is conscious of the fact that closing schools has hugely adverse consequences at individual, family and societal level and that the effect on children with special educational needs can be even greater.

Following intensive engagement and input from primary, post-primary and special education partners, a framework has now been developed and agreed with all partners, including unions and management, in order to achieve a phased return to in-school provision for children with special educational needs.

Under the framework the following phased return to in-school provision has been agreed:

Phase 1: Special schools reopened on Thursday 11th February 2021. In accordance with this agreement pupils will attend on a 50 per cent basis to allow for attendance of reduced numbers within the school setting. This will be reviewed in line with public health advice.

Phase 2: Primary and Post-Primary Special Classes will reopen from Monday 22nd February 2021. Pupils are expected to attend these classes on a full-time basis.

Special classes at primary and post-primary level will be supported in their return by the enhanced school teams put in place by the HSE and the Department of Education. Updated guidance and information on the supports for schools has been made available to primary schools, and will be made available to post-primary schools in advance of the return.

It is not possible to facilitate the return to school of other pupils/students with special educational needs without the agreement of all stakeholders.

Intensive engagement is continuing with education stakeholders, towards a full return of all students to in-person teaching and learning in primary and post primary schools as soon as possible and when it is safe to do so. This remains a priority for the Department.

State Bodies

Ceisteanna (442)

Pat Buckley

Ceist:

442. Deputy Pat Buckley asked the Minister for Education if she has received the 2019 audit financial statement and audited 2019 annual report from each State agency under the remit of her Department; if not, the State agency that has yet to provide its financial statement and or annual report to her Department; and if she will make a statement on the matter. [8633/21]

Amharc ar fhreagra

Freagraí scríofa

Financial Reporting obligations of the aegis bodies under the remit of my Department are informed, as appropriate, by the relevant legislative underpinning the aegis bodies and also by the stipulations of the 2016 Code of Practice for the Governance of State Bodies.

The details sought by the Deputy are available in the attached table. I am advised by my officials that it is at the C&AG's discretion the order in which his Office audits the financial statements of State Bodies, including those under the remit of my Department.

Details in regard to 2019 Financial Statements and Annual Report  

Aegis Bodies who are audited by the  Office of the Comptroller and Auditor General

Aegis Bodies under remit of Department of Education   

Date 2019 Financial Statements were certified by the Comptroller and Auditor General 

Date certified 2019 Financial Statements were forwarded to the Department of Education

Date the 2019 Aegis Body Financial Statements were presented to the Houses of the Oireachtas 

Date 2019 annual Report presented to Department 

In circumstances where it is   appropriate for the Body to Present the Annual Report to the Oireachtas - Date Presented 

National Council for Special Education

30/09/2020

09/10/2020

23/10/2020

26/06/2020

03/07/2020

State Examinations Commission

31/08/2020

14/09/2020

02/10/2020

04/01/2021

No statutory obligation to present the SEC Annual Report to the Houses of the Oireachtas  - the SEC typically publish it on their website

 Caranua (the Residential Institutions Statutory Fund) 

06/08/2020

17/08/2020

01/12/2020. 

21/07/2020

13/11/2020

National Council for Curriculum and Assessment

30/09/2020

09/10/2020

12/10/2020

15/10/2020

No statutory obligation to present the NCCA Annual Report to the Houses of the Oireachtas  - the NCCA typically publish it on their website

Educational Research Centre

15/12/2020

13/01/2021

The preparatory work to present the financial statements is in train 

Annual Report is awaited

No statutory obligation to present the ERC Annual Report to the Houses of the Oireachtas  - the ERC typically publish it on their website

Bodies Under the Aegis of the Department of Education who are required to Produce Financial Statements & Annual Reports

Details in regard to 2019 Financial Statements and Annual Report  

Aegis Bodies who are audited by Commercial Auditors

Aegis Bodies under remit of Department of Education   

Date 2019 Financial Statements were certified by the Commercial Auditor 

Date certified 2019 Financial Statements were forwarded to the Department of Education

Date the 2019 Aegis Body Financial Statements were presented to the Houses of the Oireachtas (Where appropriate)

Date 2019 annual Report presented to Department (Note included where there is  no requirement on the Aegis Body to supply an annual report)

In circumstances where it is   appropriate for the Body to Present the Annual Report to the Oireachtas - Date Presented 

The Teaching Council

13/07/2020

30/07/2020

In line with usual TC Practice - the 2019 accounts will be laid with the 2019/20 annual report in 2021

The Annual Report is in the final stages of being cleared by the Teaching Council. It is anticipated it will be supplied to the Department by end March 2021.

The Teaching Council is required to present its Annual Report to the Houses of the Oireachtas

An Chomhairle um Oideachais Gaeltachta agus Gaelscolaiochta (COGG)

27/03/2020

30/06/ 2020

N/A

There is no Statutory obligation on COGG to present its annual report in the Houses

N/A

Léargas - The Exchange Bureau (includes the National Centre for Guidance in Education)2

05/06/2020

09/07/2020

N/A

There is no Statutory obligation on the National Centre for Guidance in Education to present its annual report in the Houses

N/A

Note 1 - Details of annual expenditure in regard to three of the Redress aegis bodies, are included within the Department's Vote 26 Appropriation Accounts as the Department acts as Paymaster for the three bodies: - the details are listed within the Notes on Commissions and Inquiries for the Commission to Inquire into Child Abuse, the Residential Institutions Review Committee and the Residential Institutions Redress Board.

Note 2 - The Financial Statements of the National Centre for Guidance in Education are audited in conjunction with the financial statements of Léargas - the Exchange Bureau, with a consolidated financial statements produced. However an individual annual report is developed by the NCGE. Léargas is under the aegis of the Department of Further and Higher Education, Research, Innovation and Science.

School Transport

Ceisteanna (443)

James Lawless

Ceist:

443. Deputy James Lawless asked the Minister for Education the current retirement age for bus drivers on school contracts (details supplied); and if she will make a statement on the matter. [8680/21]

Amharc ar fhreagra

Freagraí scríofa

School Transport is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the current school year over 113,100 children, including over 14,500 children with special educational needs, are transported on a daily basis to primary and post-primary schools throughout the country at a cost of over €224.7m in 2020.

The purpose of my Department's School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school. Under the terms of the scheme, children are eligible for school transport where they reside not less than 4.8kms at post-primary and 3.2kms at primary from and are attending their nearest school/post-primary centre as determined by the Department/Bus Éireann, having regard to ethos and language.

It is Bus Éireann policy that the normal retirement age for all staff is currently 66 years. Bus Éireann part-time school bus drivers and drivers nominated by private operators as school bus drivers may continue to perform this role, subject to completing an annual medical examination up to the retirement age of 70 years.

This criteria is applied to all drivers who provide services as part of the School transport scheme that is operated by Bus Éireann, on behalf of the Department of Education. As this age limit has been examined previously and the retirement age extended to 70 years, there are no plans to extend this limit further at this point in time.

Special Educational Needs

Ceisteanna (444)

Richard Boyd Barrett

Ceist:

444. Deputy Richard Boyd Barrett asked the Minister for Education if her Department has examined the proposals from some schools to facilitate an alternative to the in-person supplementary programme to support the education and-or care needs of pupils with complex needs scheme in the homes of children with additional needs (details supplied); if schools will be allowed to proceed with these alternative plans while waiting for the full reopening of schools; and if she will make a statement on the matter. [8691/21]

Amharc ar fhreagra

Freagraí scríofa

My Department is conscious of the fact that closing schools has hugely adverse consequences at individual, family and societal level and that the effect on children with special educational needs can be even greater.

Following intensive engagement and input from primary, post-primary and special education partners, a framework has now been developed and agreed with all partners, including unions and management, in order to achieve a phased return to in-school provision for children with special educational needs.

Under the framework the following phased return to in-school provision has been agreed:

Phase 1: Special schools reopened on Thursday 11th February 2021. In accordance with this agreement pupils will attend on a 50 per cent basis to allow for attendance of reduced numbers within the school setting. This will be reviewed in line with public health advice.

Phase 2: Primary and Post-Primary Special Classes will reopen from Monday 22nd February 2021. Pupils are expected to attend these classes on a full-time basis.

Special classes at primary and post-primary level will be supported in their return by the enhanced school teams put in place by the HSE and the Department of Education. Updated guidance and information on the supports for schools has been made available to primary schools, and will be made available to post-primary schools in advance of the return.

It is not possible to facilitate the return to school of other pupils/students with special educational needs without the agreement of all stakeholders. This includes the use of school buildings to deliver the supplementary programme.

Intensive engagement is continuing with education stakeholders, towards a full return of all students to in-person teaching and learning in primary and post primary schools as soon as possible and when it is safe to do so.

Special Educational Needs

Ceisteanna (445)

Aengus Ó Snodaigh

Ceist:

445. Deputy Aengus Ó Snodaigh asked the Minister for Education the reason a suitable school placement cannot be found for a person (details supplied). [8719/21]

Amharc ar fhreagra

Freagraí scríofa

Enabling children with special educational needs to receive an education appropriate to their needs is a priority for this Government.

This year, over 20% of the total Education budget or €2bn will be invested in supporting children with special educational needs. As a result, the numbers of special education teachers, SNAs and special class and school places are at unprecedented levels.

The National Council for Special Education (NCSE) has responsibility for coordinating and advising on the education provision for children nationwide. My Department will continue to support the NCSE and schools through the provision of the necessary funding and capital investment to ensure all children are successful in accessing an education.

In relation to the case referenced by the Deputy, the parent is advised to contact their local Special Educational Needs Organiser (SENO) in respect of any difficulty they are experiencing regarding a suitable placement. SENO contact details are available on the NCSE website at: https://ncse.ie/regional-services-contact-list. A copy of this reply is being passed to the NCSE.

In circumstances where no placement is available for a child with special educational needs, the Department can provide Home Tuition grant funding towards the provision of 20 hours home tuition per week as an interim measure until the NCSE confirms that a placement is available.

School Funding

Ceisteanna (446)

Joe McHugh

Ceist:

446. Deputy Joe McHugh asked the Minister for Education the status of capital investment in schools (details supplied) which were all sanctioned funding under the previous Government; and if she will make a statement on the matter. [8720/21]

Amharc ar fhreagra

Freagraí scríofa

I am pleased to inform the Deputy that grant aid has been approved under my Department's Additional School Accommodation Scheme for the three schools in question as follows:

Loreto Community College 91500L was approved under the Additional Accommodation Scheme 2019 to build 11 general classrooms (4 as prefab replacement), 2 SET rooms, 1 Technical Graphics room, 2 Science Lab with Prep area, 1 Art room, and ancillary accommodation. A Design Team was recently appointed to this project and the next step will be for this school to submit its Stage 1 report for review by my Department.

Royal and Prior Comprehensive School (81011L) was approved under the Additional Accommodation Scheme 2020 to build 3 Science labs with 1 Prep area, 1 Construction Studies room with prep area, 1 Art room, 1 Project storage, conversion works to create a general classroom, and the demolition of its existing Sports Hall. A new PE Hall funded by the Department of Foreign Affairs will also be delivered as part of this project. A Design Team was recently appointed to this project and the next step will be for this school to submit its Stage 1 report for review by my Department.

Rosses Community College (91407T) was approved under the Additional Accommodation Scheme 2019 to build a 3 classroom SEN base, 1 Music room, 1 DCG room and 1 Textiles toom. A Stage 1 submission was received by my Department. Following assessment by officials, my Department has reverted back to the school with proposed changes. It is now up to the school to consider these changes and respond to the Department with a revised stage report.

All three projects have been devolved for delivery to the relevant School Authority.

School Accommodation

Ceisteanna (447)

Donnchadh Ó Laoghaire

Ceist:

447. Deputy Donnchadh Ó Laoghaire asked the Minister for Education if the decision to move the site of a school (detail supplied) without prior consultation with teachers, board of management or parents will be reversed; and if she will make a statement on the matter. [8723/21]

Amharc ar fhreagra

Freagraí scríofa

The interim move of Drogheda Educate Together Secondary School (ETSS) from its existing temporary location to the Louth Meath Education Training Board (LMETB) owned site at Rathmullen Road, Drogheda (same location as St. Oliver’s Community College), is to facilitate Drogheda ETSS ultimately growing to a 1,000-pupil school upon the delivery of its new school building on a permanent site. This is important in the context of addressing the need for additional post-primary school places in Drogheda and Laytown School planning areas for the next 3 years including September 2021.

The level of interim accommodation to be provided on the St. Olivers Community School site will be in excess of 6,800m² and will consist of 13 general classrooms, 14 specialist rooms, 2 special classes, pastoral rooms and other ancillary accommodation. Providing enhanced facilities for Drogheda ETSS and the capacity to cater for increased enrolments over the next 3 years, including for September 2021, are particularly important aspects of the project.

The existing temporary Drogheda ETSS site is too small to facilitate the proposed accommodation and St. Olivers Community College site is the only LMETB owned site in the vicinity that has capacity. The school will remain on the ETB-owned site until its new permanent school building is provided. LMETB has agreed to deliver the project and a planning application will be submitted as quickly as possible.

In relation to a permanent site for Drogheda ETSS, the Department has undertaken and continues to undertake a site identification process in respect of suitable sites in the South Drogheda area. To date it has proven challenging to identify suitable available sites in the area. Currently, the Department is undertaking an assessment of two potential sites. Due to commercial sensitivities it is not possible to provide further information at this stage.

The Department envisages that the new permanent school will be provided under a Design & Build contract and has procurement frameworks in place to deliver this as quickly as possible. A typical construction period for a 1,000 pupil school is 18 months. However, the identification and acquisition of a permanent site and the associated design and planning permission processes are key first steps in facilitating construction of the new permanent school building.

Energy Efficiency

Ceisteanna (448)

Richard Bruton

Ceist:

448. Deputy Richard Bruton asked the Minister for Education the actions planned to improve the energy performance of schools in view of the adoption of a target of cutting greenhouse gas emissions by 51% by 2050; if there will be new options for older buildings to adopt phased improvements; and her plans to become a partner in initiatives, for example, better energy communities in which a co-ordinated approach to a range of public and private buildings can be taken. [8732/21]

Amharc ar fhreagra

Freagraí scríofa

The Government’s Climate Action Plan will outline how energy efficiency and greenhouse gas emissions targets are to be achieved. This is due to be published in mid 2021.

My Department is at the forefront of design with respect to sustainable energy in school buildings and this performance has been recognised at both National and International level with sustainable energy awards for excellence in Design and Specification.

My Department’s Technical Guidance Documents set the benchmark for sustainable design in school buildings with a clear focus on energy efficiency and they are based on solid energy research projects.

Schools that are designed and built in accordance with the Department’s schools technical guidance documents have been achieving A3 Building Energy Ratings since 2009 with current schools typically achieving up to 20% higher performance than required by the current Building Regulations, along with 10% of primary energy provided via photovoltaics and infrastructure provision for electric vehicle charging.

All new technologies and approaches are tested to ensure compatibility with school design and operational requirements. Successful and repeatable results are then incorporated into all new school designs and refurbishments. The Departments policy is supported by a strong research programme with forty nine research projects at various stages including the energy website www.energyineducation.ie which is a joint partnership with the Sustainable Energy Authority of Ireland (SEAI).

My Department and the Department of Environment, Climate and Communications established a jointly funded pathfinder programme with the SEAI, testing and demonstrating energy efficiency and decarbonisation retrofit approaches. This pathfinder is a great example of collaboration ensuring the deployment of new design approaches and technologies are introduced to the educational environment on an evidence based approach.

The pathfinder is paving the way for, and informing, a much larger national schools programme for the energy retrofit of schools from 2023 onwards as included in the NDP. It is facilitating research on a range of typical retrofit options, which will have been tried and tested.

Counselling Services

Ceisteanna (449)

Mark Ward

Ceist:

449. Deputy Mark Ward asked the Minister for Education if she has considered increasing access for children to therapeutic mental health supports via the introduction of a counselling support service for second-level schools. [8765/21]

Amharc ar fhreagra

Freagraí scríofa

While the provision of child and adolescent mental health services lies within the remit of the Department of Health, and the HSE specifically, my Department has an important role to play in supporting the wellbeing and mental health of our young people. My Department’s Wellbeing Policy and Framework for practice has given recognition to the importance of promoting wellbeing in education. It outlines a comprehensive, whole-school approach to the promotion of wellbeing and positive mental health. It focuses on the whole school community, as well as groups and individual young people with identified needs.

The National Educational Psychological Service (NEPS) of my Department provides a comprehensive, school-based psychological service to all primary and post primary schools through the application of psychological theory and practice to support the wellbeing, academic, social and emotional development of all learners. NEPS provides its service to schools through casework and through support and development work with schools. Individual casework involves a high level of psychologist collaboration with teachers and parents, often also working directly with the child/young person. NEPS may become involved with supporting individual students where the school’s SET team or Student Support Team feels that the involvement of the psychologist is needed. Psychologists may provide consultation in relation to appropriate therapeutic interventions to be delivered in the school setting and engage in direct work with an individual student as appropriate.

In the event that the need for a more targeted counselling or a specialised intervention is identified by the NEPS psychologist, a referral is made to an outside agency for evaluation and ongoing support. The NEPS psychologist can identify the most appropriate referral pathway and supports school with the onward referral to Child and Adolescent Mental Health Team (CAMHS), HSE Primary Care/Community Psychology teams, or an identified local community based specialist mental health service.

In addition to casework NEPS psychologists work with teachers to build their capacity. NEPS teams offer training and guidance for teachers in the provision of universal and targeted evidence-informed approaches and early intervention to promote children’s wellbeing, social, emotional and academic development. Initiatives such as the Incredible Years Social Emotional learning Programmes and the FRIENDS Resilience Programmes have been welcomed by schools and their impact positively evaluated.

A student support team is a student-focused mechanism put in place by a school in order to co-ordinate the support available for students in the school and to facilitate links to the community and other non-school support services. NEPS provides support to post primary schools in the development of Student Support Teams to coordinate supports and develop a whole-school approach to wellbeing promotion. NEPS also provides advice in the setting up or review of Student Support Teams.

Also at post primary level, counselling is a key part of the role of the Guidance Counsellor, offered on an individual or group basis as part of a developmental learning process, at moments of personal crisis but also at key transition points. Guidance allocations for all schools were increased in the 2020/21 school year. The Guidance Counsellor also identifies and supports the referral of students to external counselling agencies and professionals, as required. The Guidance Counsellor is key in developing and implementing innovative approaches to wellbeing promotion on a whole schools basis though the school’s Guidance Plan. Each post primary school currently receives an allocation in respect of guidance provision, calculated by reference to the approved enrolment.

Schools Building Projects

Ceisteanna (450)

Ged Nash

Ceist:

450. Deputy Ged Nash asked the Minister for Education the position regarding the development of a new school building for two schools (details supplied); the reason the process has been delayed; if progress has been made in relation to car parking solutions on the site; and if she will make a statement on the matter. [8770/21]

Amharc ar fhreagra

Freagraí scríofa

The joint building project for the two schools referred to by the Deputy is included in my Department’s Construction Programme which is being delivered under the National Development Plan.

This project is currently at an early stage of Architectural Planning, Stage 1 – Assessment of Site, Site Investigations and Initial Sketch Scheme. The Design Team have advised of site constraints while exploring design options.

A number of interim Stage 1 meetings have been held between the Design Team, Project Manager and Department officials to resolve this. My Department are working with the Design Team and a third party to explore all viable options. Once a satisfactory resolution has been achieved, the Design Team can then complete their Stage 1 Submission, and forward it to my Department for review.

Departmental Legal Costs

Ceisteanna (451)

Robert Troy

Ceist:

451. Deputy Robert Troy asked the Minister for Education the amount her Department has spent on legal costs arising from litigation involving children with special educational needs. [8776/21]

Amharc ar fhreagra

Freagraí scríofa

It should be noted by the Deputy that my Department does not initiate such proceedings and cases are generally only litigated where no potential settlement is acceptable to both sides and the Government's authority to decide issues of education policy is in question. My Department does not take lightly any decision to defend cases concerning children with special educational needs. Therefore, my Department is not complacent in dealing with these cases and attempts, wherever possible, to reduce the potential for litigation and the levels of legal costs that arise.

Legal costs incurred by the State in defending proceedings instigated against the Department, are not met directly by the Department. In accordance with financial procedures in cases involving damages or compensation against the State, costs are generally charged to the Chief State Solicitor's Office Vote as sanctioned by the Attorney General. The Department may be required to meet the legal costs of Applicants/Plaintiffs where there is a settlement or an order for costs against the State in cases where my Department is a named party.

Please see Table below which details any such Legal Cost contributions to Applicants/Plaintiffs for the years 2010 to 2020, which are readily available to my Department.

It should be noted by the Deputy that in some years my Department also received reimbursements of legal costs from various parties, including contributions towards such costs from State co-defendants, involved in the litigation process. These reimbursements have been taken account of in the figures provided, as applicable.

YEAR

Total expenditure for SEN Litigation Legal Costs

2010

€649,239.75

2011

€622,159.30

2012

€172,665.85

2013

€69,888.86

2014

€115,929.90

2015

€117,465.00

2016

Nil

2017

Nil

2018

€69,147.50

2019

€19,875.00

2020

€172,084.51

Question No. 452 answered with Question No. 369.

Covid-19 Pandemic

Ceisteanna (453)

Donnchadh Ó Laoghaire

Ceist:

453. Deputy Donnchadh Ó Laoghaire asked the Minister for Education if she will consider giving schools autonomy in circumstances in which they feel prepared, with the consent of staff and parents, to reopen for children with special educational needs in mainstream classes. [8797/21]

Amharc ar fhreagra

Freagraí scríofa

Students attending primary school special classes and students attending special classes at post-primary will return for in-person teaching and learning from next Monday 22 February. Special Schools have opened on a phased basis from the 11th February.

All decisions as to appropriate actions regarding the reopening of schools will be taken by my Department in engagement with public health and the education partners. The full re-opening of our schools for all students remains a top priority for Government and my Department is focussing on the safe return of all pupils and students to school on a phased basis in March.

Special Educational Needs

Ceisteanna (454, 455, 456, 457, 458, 459, 460)

Donnchadh Ó Laoghaire

Ceist:

454. Deputy Donnchadh Ó Laoghaire asked the Minister for Education the estimated cost of fully implementing section 13 of the Education for Persons with Special Educational Needs Act 2004. [8814/21]

Amharc ar fhreagra

Donnchadh Ó Laoghaire

Ceist:

455. Deputy Donnchadh Ó Laoghaire asked the Minister for Education the estimated cost of fully implementing sections 10 and 17 of the Education for Persons with Special Educational Needs Act 2004. [8815/21]

Amharc ar fhreagra

Donnchadh Ó Laoghaire

Ceist:

456. Deputy Donnchadh Ó Laoghaire asked the Minister for Education the estimated cost of fully implementing section 14 of the Education for Persons with Special Educational Needs Act 2004. [8816/21]

Amharc ar fhreagra

Donnchadh Ó Laoghaire

Ceist:

457. Deputy Donnchadh Ó Laoghaire asked the Minister for Education the estimated cost of fully implementing section 8 of the Education for Persons with Special Educational Needs Act 2004. [8817/21]

Amharc ar fhreagra

Donnchadh Ó Laoghaire

Ceist:

458. Deputy Donnchadh Ó Laoghaire asked the Minister for Education the estimated cost of fully implementing section 39 of the Education for Persons with Special Educational Needs Act 2004. [8818/21]

Amharc ar fhreagra

Donnchadh Ó Laoghaire

Ceist:

459. Deputy Donnchadh Ó Laoghaire asked the Minister for Education the estimated cost of fully implementing sections 3 to 7, 9 and 18 of the Education for Persons with Special Educational Needs Act 2004. [8819/21]

Amharc ar fhreagra

Donnchadh Ó Laoghaire

Ceist:

460. Deputy Donnchadh Ó Laoghaire asked the Minister for Education the estimated cost of fully implementing sections 11, 12, 15, 16 and 38 of the Education for Persons with Special Educational Needs Act 2004. [8820/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 454 to 460, inclusive, together.

I wish to advise the Deputy that a number of sections of the Education for Persons with Special Needs (EPSEN) Act 2004 have been commenced. The commenced provisions include those establishing the National Council for Special Education (NCSE) and those providing for an inclusive approach to the education of children with special educational needs.

The following sections of the EPSEN Act were commenced in 2005.

Section 1 – InterpretationSection 2 - providing for the inclusive education of children with Special Educational NeedsSection 14 – placing certain duties on schoolsSections 19 to 37 - placing the Council on a statutory footing. Section 39 - placing certain duties on Health BoardsSections 40 to 53 - amending the Education ActSchedule 1 – providing for meetings and membership of the CouncilSchedule 2 providing for the Chief Executive Officer of the Council. The remaining sections of the Act have yet to be commenced. 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.

The NCSE estimated, in its Plan for the Implementation of the EPSEN Act Report, which was published 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.

The view of my Department, at the time, was that the level of investment required could be significantly greater than that envisaged in the NCSE report. Legal advice also indicated that the EPSEN Act, as it is currently constituted, may not be implemented on a phased, or age cohort, basis.

Revised estimates of the amount of additional expenditure required to fully implement the remaining sections of the EPSEN Act, including the individual sections of the Act referred to by the Deputy, have not recently been conducted. The estimated level of additional expenditure required, to implement the outstanding sections of the Act, 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 may now currently qualify for the statutory service provisions envisaged by the EPSEN Act.

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

In 2021 the Department of Education and Skills will invest approximately €2 Billion in the area of special educational needs support - 1/5 of the Department's budget and up over 42% since 2011.

The Government has committed to consulting with stakeholders on how best to progress aspects of the EPSEN Act on a non-statutory basis.

A range of consultations with Education Partners and Stakeholders took place in relation to the development of a 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 took place with education partners and stakeholders in the context of the undertaking of a comprehensive review of the SNA scheme and will continue in relation to the implementation of recommendations contained in this report.

Additional powers have also been provided to the National Council for Special Educational to designate a school place for a person with special educational needs, which is now provided for in the Education (Admission to Schools) Act 2018.

While awaiting the full implementation of the EPSEN Act, the NCSE has also 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.

It should also be noted, however, that since EPSEN was enacted, the Department’s policy on supporting children with special educational needs has changed and evolved on foot of evidence based policy advice from the NCSE which takes account of international perspectives.

Significantly, the focus of special needs education provision has changed from a model that is diagnosis led to one which is driven by the needs of the child. This is a substantially different view to the one underlying the EPSEN Act. The levels of investment by Government in special education has increased to facilitate the underlying reforms required to implement and embed the needs based approach.

This Government will continue to prioritise investment in the area of special education support. Ongoing investment and reform will continue to see improvements made in this area.

I have also indicated that one of my priorities as Minister for Special Education and Inclusion is:

Updating our Laws: Reviewing and updating the Education for Persons with Special Educational Needs (EPSEN) Act.

Any review of the Act will take into account the extent of additional investment which has been made in special educational services since 2004, with some €2 Billion per year now being spent of special educational supports.

It will also take into account the range of reforms which have taken place in recent years including the development of new allocation models which are not based primarily on a response to assessment as policy advice has indicated that requirement of diagnosis can create a risk of children being diagnosed as having a special educational need for resource allocation purposes, rather than for health reasons. Also, that as there is a spectrum of ability and disability within every special education disability category, account must be taken of need, as well as diagnosis.

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