Dáil debates

Friday, 7 February 2014

Down's Syndrome (Equality of Access) Bill 2013: Second Stage

 

10:30 am

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent) | Oireachtas source

We have two very good documents in our State, one is the Proclamation of the Republic and the other is our Constitution. Both of them guarantee equality and we often refer to the principle of the Proclamation of "cherishing all the children of the nation equally". We seem to be committed to the principle of equality and treating people equally but the reality is that we are not equal. Children born with special needs are not equal with other children who do not have those special needs. Children with special needs have to be treated differently in order that they can reach some level of equality with children who do not have special needs. All their parents are saying is: "Give our children a level playing field". In order to ensure a level playing there must be active, positive discrimination in favour of children with special needs. Is cúis áthais dom é go bhfuil deis agam labhairt ar an mBille seo. Ceapaim go bhfuil sé soiléir nach mbeadh an reachtaíocht seo os comhair an Tí murach an obair a rinne an Teachta Finian McGrath. I want to acknowledge the work of Deputy Finian McGrath not only on this legislation on special needs but on his dedicated and his long campaign as a parent, teacher, principal and TD on the whole area of special needs education. He invited members of the Technical Group to join him on the plinth in the summer when he launched this Bill and the press were invited but none of its members turned up. That just shows the interest in the media in children with special needs.

The central point is that because Down's syndrome is not listed as a complex, low incidence disorder, some children with Down's syndrome are not entitled to resource hours. Because of that classification of Down's syndrome for some as a mild learning disability, some children are not getting the extra hours that they need. Added to that, the cuts have been harsh. At times of financial pressure and constraint why is it that the needy and the vulnerable have to suffer?

This Bill will give children with special needs the resources they need to get on the level playing field. I speak from having long experience of teaching in a school that had a very open admissions policy and was very inclusive of children with special needs. I know from that experience the difference that the extra hours and the resources make and did make to children with special needs. It was great and we all got so much joy out of seeing those children with special needs - children with Down's syndrome - achieving their junior certificate and going on further.

I wish to make some general points. A very complicated system is in place for mainstream schools which have children with special needs, even though the National Council for Special Education has given some clarity and clearance on eligibility with the special educational needs organisers. I want to acknowledge the work of principals who have to do a great deal of juggling with the various allocations they are given. They have hours for special needs assistants, learning supports and resource teaching. The special needs assistants are supposed to look after the care needs of a child and that includes hanging up the child's coat, bringing the child to the toilet, getting the child's books ready and so on. Special needs assistants go further and get involved in helping the child with his or her homework and classwork. We are missing out a great deal in terms of the potential of special needs assistants when we do not examine their role further. There is a post leaving certificate course on the care of the special child and those who successfully complete it get a FETAC award and other qualifications and we could examine the role in that respect. A student can have teaching support but not special needs assistant support because of the rules applying to special needs students with regard to extensive care needs and issues where they would be a danger to themselves and others, but there are children with needs not in those categories who could benefit from the support of an special needs assistant.

Learning support is based on the number of children enrolled - I refer to the general allocations - but I believe it should be based on the needs of the individual child and not on the number enrolled in a school, and then it comes down to resource teaching. It is very problematic for schools when it comes to ensuring that each individual student receives allocated support. That is due to the logistical and financial constraints schools face. For example, a student could be awarded five hours weekly tuition but the wherewithal to deliver that on an individual basis may not be possible. Therefore, team teaching or group resource teaching may be used but then there will be other issues. There are difficulties for mainstream schools, including children with special needs. To take the example of a mainstream school, I could have 25 students and be teaching a curriculum to teenagers who all have varying social and behavioural needs, and in that context including special needs students without the resources would be a disserve and detrimental to all of those students.

The term "educational apartheid" has been used. Some schools that are very successful in including children with special needs get a name for being so and other schools are opting out of that responsibility. I hope the working group will examine this aspect. Down Syndrome Ireland tells us that the cost of including Down's syndrome on the low incidence list is less than €1 million. It is a paltry amount. I want to make it clear that we need a simpler and more straightforward system to ensure that children with special needs of whatever type are adequately served by our system. I hope the working group will tackle that and that we get that system.

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