Richard Bruton (Dublin Bay North, Fine Gael) | Oireachtas source

I move amendment No. 35:

In page 14, to delete lines 24 to 27 and substitute the following:“ ‘special class’ means a class that has, with the approval of the Minister, been established by a school to provide an education exclusively for students with a category or categories of special educational needs specified by the Minister;”.

I brought forward amendments on Committee Stage Bill to enable a special school or special class to refuse admission to children who do not have the category or categories of special educational needs being catered for by the school or special class concerned. This was appropriate to ensure that children with special educational needs are enrolled in the school or class that best suits their needs and that resources are used by such special schools or special classes for the purpose they were intended.

However, during the debate concerns were expressed that the wording of those amendments was not clear enough in this regard. Having regard to the concerns raised, I agreed to withdraw those particular amendments and re-examine their wording to ensure they achieved their intended purpose and did not cause any unintended consequences.

The wording of the corresponding amendments that I am now bringing forward has therefore been adjusted to make clearer that the special school or special class can refuse enrolment only where the child does not have the category of special educational needs for which the special school or special class was approved by the Minster to cater.

Similarly the information set out in the admission statement regarding the category of special educational need catered for must be consistent with the categories for which the school was approved by the Minister to cater. The revised wording addresses any concerns that a special school or special class might determine itself the categories it caters for or change or restrict the categories without the prior approval of the Minister, by making clear that the category or categories in question must be those specified by the Minister in respect of the special school or special class in question.

In addition to the amendments withdrawn on Committee Stage, I have included amendment No. 48 which will require special schools or schools with special classes to state clearly in their admission policy the category or categories of special educational needs that the special school or special class concerned has been approved by the Minister to cater for. This will complement the other provisions for special schools and special classes, as well as aiding transparency in the admission process for such schools and special classes.

See this speech in context