Josepha Madigan (Dublin Rathdown, Fine Gael)
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I thank the Cathaoirleach and the committee for the invitation to attend. I am accompanied, as he said, by Ms Mannion, assistant secretary general for special education and inclusion, and Mr. Ward, principal officer of the special education section.

The topic before the committee is aligning education with the UNCRPD and, in particular, a focus on the progress being made on aligning special education policy and provision with the convention. As the Minister of State with responsibility for special education and inclusion, I am committed to making a difference for students who have additional needs as part of an inclusive education system. It is important I outline to the committee the Government’s ambition to develop an inclusive education system that meets the needs of all children regardless of disability or other disposition.

As Minister of State, it is my firm belief our education system should be adaptable and responsive to the needs of students. From my visits to schools across the country I have seen first-hand how this is the case in our schools. At the outset, I pay tribute to all our school staff, at every level, for the work they do. Through their work in the area of special education they celebrate the individual talents of every young person in every classroom. That is as it should be. School staff know true equality is about much more than treating everyone the same. It also involves an understanding that different people have different needs and that where these needs are met and supported, people are liberated to achieve their full potential. As Eleanor Roosevelt said, "education is the cornerstone of liberty". By ensuring those with the greatest need receive the greatest level of support our schools make this liberty possible for everyone.

Persons with disabilities in Ireland have equal rights of access to education under the law. The Education Act 1998 makes provision for the education of every person in the State, including any persons with disabilities. The primary piece of legislation dealing with education for persons with disabilities is the Education for Persons with Special Education Needs Act 2004, known as EPSEN. EPSEN provides that a child with special educational needs should be educated in an inclusive environment with children who do not have special educational needs, unless it is not in the best interests of the child with special educational needs, or if it is inconsistent with the effective provision of education for the children with whom the child is to be educated. The Education (Admission to Schools) Act 2018 commenced in 2020. It brings more transparency to school enrolment and aims to prevent discrimination on a number of grounds, including disability. There is also provision in section 37 of the Education Act 1998 for the Minister to direct a school to open new special classes where required.

The Department’s policy is to ensure all children with special educational needs can be provided with an education appropriate to their needs. This means children with special educational needs should be included, where possible and appropriate, in mainstream settings with the necessary additional teaching and care supports in place. In circumstances where children with special educational needs require more specialised interventions, special school or special class places are provided for. We fully recognise that these more specialist supports and settings also have an important role to play. I am happy to say most children with special educational needs are educated in mainstream classes. The benefits of mainstream education are known and recognised. We must continue to build a society with inclusion at its heart, where everyone is welcome and where full participation is the right of every person, no matter their background or need. Our schools are where we nurture and develop the future of our society and there should be no barriers to inclusion, and no artificial segregation. In the past few years, we have made huge progress in providing the additional special class and special school places necessary to meet the emerging needs of children and young people. It is worth noting too that schools have bought into this vision of inclusivity, which is demonstrated by their willingness to enrol children with special needs in their mainstream classes and to open special classes where this is required.

The Department will this year spend more than €2 billion, or 25% of its total educational budget, on providing additional supports for children with special educational needs. This represents an increase of more than 60%, in total expenditure, since 2011. There are now 1,854 special classes for children with autism in place. Of those, 133 are early intervention, 1,205 are primary and 516 are post-primary autism special classes. This provision for 287 additional special classes in 2022-2023 will bring the total number of classes to 2,405 in the 2022-2023 school year and will represent an increase of 339% since 2011, when 548 were provided. Three new special schools have been opened in the past three years, with two being located in Dublin and one in Cork. Additional places continue to be provided to ensure children with the most complex educational needs receive an education in line with those needs.

We have worked hard to strengthen and streamline the planning systems between the Department and the National Council for Special Education, NCSE, to ensure that there are sufficient special education places available to meet needs throughout the country. Significant investment has been made to ensure schools have the necessary accommodation and facilities to receive children and young people with disabilities.

Professional development for teachers and school leaders is key to building capacity and confidence among teachers and their leaders and a truly inclusive culture and school environment. I also refer to the extensive additional programmes provided to support students during the period of Covid-19 to ensure all students, including those with special educational needs, were supported and that their support continues through the Covid Learning and Supports Scheme, CLASS, in schools.

Complying with obligations of the convention is a priority for my Department and indeed the Government more broadly. In this regard, there are a number of other matters that are relevant to building an inclusive education system. This includes the policy advice from NCSE. It is currently working on policy advice on effective special education provision generally and this will also address the requirements of the convention. On the school inclusion model, we are aware, through policy advice from the NCSE, the current range of supports in schools, in other words, teaching and care on their own, do not fully meet the needs of some children with special educational needs, especially those with complex needs in the areas of speech and language, communication, sensory impairments, self-regulation and positive behaviour skills.

Under the school inclusion model, which is currently at a pilot stage, we aim to broaden the range of supports that are provided to include speech and occupational behavioural supports. This is in order that schools will be better equipped to meet the needs of these children and in order that they can achieve better life outcomes. We are currently working on a proposal to develop and to expand the pilot in the coming year.

There is also a review of the Education for Persons with Special Educational Needs, EPSEN, Act. As members will know, this legislation has been in place for almost 20 years and it is timely that we would review it now. There has been significant change in Department policy and educational provision has increased substantially in the intervening period. There also has been legislative change that impacts on education. This review will help to ensure that our laws reflect current policy and international norms on provision and inclusion. I plan to make a further announcement on this matter shortly.

The Irish Sign Language Act 2017 provides people whose main language is Irish Sign Language, ISL, with certain statutory entitlements. In recognition of this, yesterday I was pleased to launch a new scheme to provide ISL in-school supports for students who are deaf and whose primary means of communication is ISL. We are creating a new, specialised in-school support post for individual students, so that they can fully access education and so that they can participate in school life. We will also be providing training and support for the school community, including teachers and special needs assistants, SNAs, to help with communication using Irish Sign Language. This is a positive development. It is the latest step in ensuring that we have an inclusive education system in which everyone is supported to reach his or her full potential. I am confident the implementation of this Act in education will create a more inclusive school environment for these young people.

It is a priority for me to support the transition of young people with a disability right through the education system, with a particular focus on enabling young people to make informed life choices. We are working with colleagues across a number of Departments to ensure that this remains a focus of the third action plan under the comprehensive employment strategy for persons with disabilities, which will cover the period 2022 to 2024.

In conclusion, my Department is fully committed to the full implementation of the convention. This will be achieved through increased investment, through implementation of evidence-informed advice, as well as through consultation with teachers, parents, children, young people and general society.