Oireachtas Joint and Select Committees
Thursday, 27 April 2023
Joint Oireachtas Committee on Disability Matters
Rights-Based Approach and Disability Legislation: Discussion
Mr. Martin McLoughlin:
The Deputy is correct. No one wants to see a school that is reluctant to open a special class. Our experience and that of the NCSE is very much that the vast majority of schools are willing to open special classes. We have seen that in recent months, particularly where we need the post-primary sector to up the game in terms of additional special classes. All our engagement and meetings with post-primary stakeholders has been very positive. They have been willing to work with us and the NCSE. If a school is slow to respond to that ask, the stakeholders get involved and help us in that effort. To underpin all that, urgent legislation, namely, the Education (Provision in Respect of Children with Special Educational Needs) Act 2022, was brought in last summer. Two things in particular were done in that legislation. First, we required schools to state in their admissions policy that they were open to co-operate with the NCSE and open special classes when approached. Schools have to put that up front and openly in their admissions policies and they are doing so. The second piece is the stick. It is the piece no one wants to use; it is a last resort. In the legislation, we shortened the section 37A process under which the NCSE can go to the Minister to state there is a particular need in a postcode in Dublin for additional special classes and that, although it has spent a significant time engaging with the schools, there is still a reluctance to open classes. That process used to take several months but, under the new legislation, it is now down to approximately six to eight weeks. That tool of last resort is available. We have put all our effort into this issue and that is reflected in the figures. On 12 April, the NCSE published 218 new special classes to open in schools for next September. It is ready to go with potentially another 100 classes that will be published in the coming weeks. That brings us to more than 300 new classes for next September. That is probably most of the way there in terms of meeting the need for next September. We find that schools are open and willing. If they are not, we have the legislative stick to use where necessary.