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Special Educational Needs

Dáil Éireann Debate, Tuesday - 29 June 2021

Tuesday, 29 June 2021

Ceisteanna (315)

Réada Cronin

Ceist:

315. Deputy Réada Cronin asked the Minister for Education the number of children with special educational needs in the State; the number of special needs schools; the number of such children currently on reduced timetables; the number of such children currently on suspension; the number of such children suspended in each of the past three years; the length of such suspension in practice; the number of such children currently expelled and in each of the past three years; the number of such children who are not in school on a school premises; the number in each of the past three years; the number of such children who have gone through section 29 in 2021 and in each of the past three years; the number of judicial reviews regarding suspension and expulsion of such children in 2021 and for each of the past three years; and if she will make a statement on the matter. [34234/21]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that my Department continues to prioritise investment in special education, with over €2 Billion due to be spent on special education this year.

For the coming school year there will be over 13,600 Special Education Teachers allocated to mainstream schools, who will support class teachers to address the special educational needs and learning needs of pupils who attend mainstream schools.

This year we are also providing for two new special schools and 269 new special classes.

For the 2021/22 school year, we will have a total of 2118 special classes, which is the largest number of special classes that we have ever had, and compares to 548 classes available in 2011.

18,000 Special Needs Assistants will also be available to support the care needs of pupils with special educational needs in our schools.

For the 2019/20 school year, 10,328 pupils attended special classes, which represents just over 1% of the total pupil population.

There are also 124 special schools which provide specialist educational services for pupils who have the most severe or complex levels of disabilities, or special educational needs.

For the 2019/20 school year, 8,224 pupils attended special schools, representing less than 1% of the total pupil population.

The remainder of pupils who have some form of additional learning needs or special educational needs attend mainstream schools.

In relation to the use of reduced time tables, it is the policy of my Department that all children, including children with special educational needs should attend school for the full school day.

Only in very limited circumstances, for example, where children are recovering from illness, and are required to be reintegrated into school, should reduced timetables be considered. In such circumstances, this should be part of a transition or reintegration intervention, based on the needs of individual students.

Where a reduced timetable is used, it should be applied proportionately, should have signed parental/guardian consent and should last only as long as is necessary to facilitate a return to school on a full-time basis.

The Department has consulted with education stakeholders to consider the timing of the introduction of guidelines on reduced timetables in the context of Covid 19 and the current operating environment for schools. There were concerns about issuing guidelines in the current Covid context where the safe and sustainable reopening of schools remains the overriding priority for all stakeholders.

It is my Department’s intention to issue Guidelines to schools on the use of reduced timetables for the next school year.

It is intended that the guidelines will include measures by which schools will be required to report on the use of reduced timetables.

Until such time as this reporting mechanism is in place, data is not available as to the number of pupils who are currently on reduced timetables.

In relation to the number of appeals taken under Section 29 of the Education Act against suspension or refusal to enrol pupils with special educational needs, Section 7 of the Education (Admissions to Schools) Act 2018 came into operation on the 12 November 2020 and provided for the replacement of the existing Section 29 of the Education Act 1998 with a series of new sections numbered 29 to 29F.

These new appeal provisions in sections 29 to 29F are designed to work alongside the wider admissions framework in the 2018 Act. In accordance with section 29B of the Education Act, 1998, the Minister also developed procedures for appeals which apply to all appeals submitted from 12 November 2020 onwards.

Since the commencement of the new arrangements for appeals on the 12 November 2020 to date, a total of 95 appeals have been taken under section 29 of the Education Act 2018 where the applicant has indicated that the child has special educational needs. This represents 29% of all appeals in the same period.

Prior to 12 November only data in relation to total numbers of appeals per appeal type was recorded and therefore the Department cannot provide data in relation to the numbers of appeals which related to children with special educational needs for previous years.

Section 29 of the Education Act 2018 allows for appeals against the decision of a Board of Management of a school to suspend or permanently exclude a student. The decision of the independent appeals committee in such appeals may only be challenged by way of a Judicial Review. It is open to either party to an appeal to seek a Judicial Review.

My Department has recorded the following number of Judicial Reviews of section 29 appeal decisions in suspension and expulsion cases involving children with special educational needs in the last 3 years and to date in 2021:

2021 - 1 expulsion case

2020 – 2 expulsion cases

2019 - 3 expulsion cases and 1 suspension case

2018 – 0 cases

In relation to the number of pupils with special educational needs who may be currently on suspension, expulsion, or out of school, and for whom Section 29 cases may not have been brought forward, I wish to advise the Deputy that in accordance with the Education (Welfare) Act, 2000 schools are obliged to report on school attendance, and data on non-attendance in primary and post-primary schools at the aggregated level are collected by Tusla through the Annual Attendance Report (AAR) and, also at the student level through the Student Attendance Report (SAR).

This latest report published presents data for the academic year 2017/18 and is available on Tusla’s website at www.tusla.ie/uploads/content/Analysis_of_School_Attendance_Data_in_Primary_and_Post-Primary_Schools_2017-2018.pdf.

As the information requested is collected and recorded by Tusla, I have referred this part of the question to that agency, for their attention and direct reply to the Deputy.

Finally, in respect of children with special educational needs who may not be suspended or expelled, but who may be without a school placement, I can advise that ensuring that every child has a suitable school placement is a key objective of my Department. Significant resources are allocated each year to ensure that appropriate supports are available for children with special educational needs.

It is the policy of my Department that all children with Special Educational Needs 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.

My Department’s policy focuses on ensuring that all students with special educational needs can have access to an education appropriate to meeting their needs and abilities.

The National Council for Special Education (NCSE) is responsible, through its network of Special Needs Organisers (SENOs), for the development and delivery and co-ordination of education services to children with Special Educational Needs, including the establishment of special class and special school placements.

In circumstances, where the NCSE confirms that no placement is available for a child with special educational needs, my 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.

It is important to note that Home tuition funding is not an alternative to a school placement, by its nature it is intended to be a short term intervention.

For this reason home tuition will not be available where a school placement has been identified by the NCSE.

Similarly, failure to enrol a child in school will not give rise to eligibility under this scheme.

I have no plans to change this approach.

Where the NCSE have identified an available school placement for a child, the local SENO will continue to be available to engage with the family and the school concerned to ensure that the child's needs are addressed.

The total number of children with special educational needs who are being supported by the Home Tuition scheme on the grounds that they do not currently have a school placement, or an early intervention class placement, is 732.

-

Sanctioned

SEN school aged no placement

88

3+ (Early Intervention support)

522

6 During year

37

6+

85

Total

732

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