Dáil Éireann Debate, Tuesday - 18 October 2022
445. Deputy Pauline Tully asked the Minister for Education if she will consider prohibiting the use of seclusion and restraint in schools; if she will consider prohibiting the use of reduced timetables for children with disabilities who have behavioural issues; and if she will make a statement on the matter. [51526/22]
Amharc ar fhreagraThe Board of Management of each school is responsible for the care and safety of all of the pupils in their school. Schools should supervise and support children who are distressed or exhibiting behaviours of concern until they have recovered and are able to re-engage in the classroom. In some circumstances this may mean the temporary removal of a child from the environment where the problems have arisen.
Schools owe a duty of care to all their students and any action taken in relation to managing behaviour must be proportionate.
Tusla's Educational Welfare Service, has published guidelines for schools on Codes of Behaviour which all schools are required by law to have in place. The guidelines advise that specialised behaviour management strategies, such as the use of restraint, should not be used without expert advice, training and monitoring. In particular, the guidelines point to certain sanctions which are regarded as inappropriate, including leaving a student in an unsupervised situation while in the care of the school. All parents must be made aware of behaviour management strategies employed by the school.
Schools may seek advice from their local National Educational Psychological Services psychologist, from the NCSE’s Support Service which includes Special Educational Needs Organisers, the National Behavioural Support Service and the Special Education Support Service, as to how children with behavioural needs can best be supported in school.
A range of guidance is available for schools in relation to the management of student behaviour. The Department published Guidelines for Supporting Pupils with Behavioural, Emotional, and Social Difficulties, which is available on the Department’s website, www.education.ie. The National Educational Psychological Services document Behavioural, Emotional and Social Difficulties – A Continuum of Support also provides advice for teachers, including some advice on the use of “time out” procedures in the classroom.
Training is available for schools in relation to the provision of support for children with special educational needs from the NCSE’s Regional Service. The Special Education Support Service can, as part of their designated training modules, provide guidance for schools in relation to the management of difficult behaviour.
Further to the receipt of policy advice from the NCSE, the Department of Education established an Expert Working Group to develop guidelines for schools on the prevention and management of challenging behaviours (including the use of physical interventions) where such behaviour is considered as likely to present serious risk of physical harm to the student concerned and/or others within the school environment.
Development of the Guidelines has been informed by evidence showing that whole school positive behavioural approaches and early and ongoing engagement with the school community, including parents/guardians, are necessary for the development of effective school policy and practice.
Following consideration of the views and contributions received as part of the consultation process, a final draft of the guidelines has been prepared and is being considered by the Department. They place a strong focus on prevention and early intervention strategies for the management of crisis student behaviour in which physical intervention may be employed only as the last part of a comprehensive, positive and planned behavioural approach by the school. They are underpinned by the principles that such intervention is never used for the purposes of discipline; that it should be applied proportionately and should last only as long as is necessary to de-escalate the situation. The guidelines underline the importance of continued supervision of children during a crisis period including matters related to behaviour and the need for such incidents to be recorded.
The guidelines when issued will apply to all schools. In this regard, consideration is being given to the implementation of guidelines by schools including the kind of supports and training that may be required.
Guidelines for schools on reduced school days were published on 16th September 2021 and came into effect from 1st January 2022. Please see link below which contains a copy of the guidelines and an information note for parents: www.gov.ie/en/circular/f49bd-0047-2021/
The purpose of the Guidelines on the use of Reduced School days is to ensure that the use of reduced school days are limited to only those circumstances where it is absolutely necessary and, that where such usage occurs, schools follow best practice with the best interests of the student to the fore. The Guidelines also outline a number of key requirements for the use of reduced school days.
A school can only place a child on a Reduced School Day if the parent/guardians give their consent. A parent/guardian is not obliged to consent to this. If consent is given the school must complete a form and it must be sent to Tusla Education Support Services(TESS), the parent/guardian must sign this form giving their consent to the use of a Reduced School Day. It is also important to note that a parent/guardian may withdraw their consent at any time.
Tusla Education Support Services (TESS) have a dedicated Reduced School Day team in place, and they provide support and assistance to parents/guardians if needed.
