Ms Teresa Griffin:

The NCSE warmly welcomes this proposed legislation. The NCSE believes all children, irrespective of special educational needs, should be welcome and able to enrol in their local schools. We know, however, that some parents encounter mainstream schools which are not welcoming of their children. We also know that some parents do not provide information about their child’s special educational needs to schools in case the schools refuse enrolment. School management has commented, from time to time, that some schools are more welcoming than others. Some children with very complex needs may require a more supportive special school or special class placement. None the less, parents seeking a placement for their child should not have to worry about the enrolment process or feel under obligation to a school or feel they have to hide the fact their child has special needs. The NCSE considers the Bill, and the associated regulations, represents a substantial progressive initiative. It will remove some of the undue worry of parents.

There are several areas in which the draft Bill could be strengthened. There is a need to ensure both legislative and process clarity. The committee is aware of litigation that has previously occurred. It is important, at drafting stage, to ensure the legislation creates certainty in the rights and duties of all parties concerned. There is also a need to ensure that, whatever the timeframe for the annual enrolment process, schools have sufficient flexibility to plan for specific needs. For example, a school building may need to be adapted, which can take time. Schools may need to open special classes where the need for such a class has been identified by the NCSE.

The NCSE has the legislative duty to ensure sufficient special class and special school placements are available. Sometimes we come across schools that do not want to open a special class or that will open only one type of special class, even where there are students from within the school's catchment area who would benefit from such a placement. This limits our ability to plan for an overall national continuum of educational provision, which is our duty under the Education for Persons with Special Educational Needs, EPSEN, Act. We believe this legislation could be amended at drafting stage to address this gap.

We also believe strongly that enrolment and school admissions must be meaningful. We are aware that some students with special educational needs and some students who do not have special educational needs are only enrolled in schools for short periods of time - perhaps for an hour or two hours a day. There is no national monitoring of the number of schools which have students who attend for short days. This means we cannot be sure if children are getting a meaningful education appropriate to their needs. The NCSE notes that the Bill does not provide for an appeals mechanism against a decision by a school to place a child on a short day. Again, this could be amended at drafting stage. In our policy advice to the Minister on the education of children who have challenging behaviour, we recommended that schools with students on short days should be obliged to report such situations and that oversight arrangements be put in place in order that the State can satisfy itself these students are receiving an education appropriate to their needs.

We know schools must provide students and staff with a safe environment in which to learn and work. I note other commentators have mentioned concerns about the proposed power to be granted under head 4 to An Garda Síochána and the HSE. The NCSE considers that the labelling of children can have very serious life-long consequences and should only be carried out when clinically indicated and by those who are professionally qualified. We consider that this section could lead to a situation where a child is prevented from attending school without a fair process being in place.

We particularly welcome the fact that head 9 of the draft general scheme in effect commences the provisions of section 10 of the EPSEN Act, which was passed by the Oireachtas in 2004 and has yet to be commenced. We know that some school management and other parties may be worried by this. We have heard some of the concerns today, that the NCSE will be able to designate a school for a child with special educational needs who is unable to find a school placement. Their concerns are understandable but I can assure all concerned that the NCSE would not take such a power lightly or exercise it unless it is absolutely necessary. If the legislation is passed, we intend to engage fully with the education partners and the Department before drafting and finalising any NCSE processes and protocols regarding this aspect of the proposed legislation. The needs of the child and the ability of the school to respond to those needs would be central in any decision.

We are all aware that, from time to time, parents encounter difficulty in placing their child with special educational needs. There was an extreme case a number of years ago where a parent applied to more than 20 schools, took section 29 action against all of them and still could not get a school to enrol their child, nor could anyone oblige a school to do so, even where there were places to enrol the child. We do not think this is a reasonable position for any jurisdiction. I am quite happy to answer any questions.