Brian Hayes (Dublin South West, Fine Gael)
Link to this: Individually | In context

I thank the Ceann Comhairle for allowing me to raise this matter. It is unusual to refer to the case of a specific individual on the Adjournment. However, such is the frustration of the family of the child in question and the complete failure on the part of the Department of Education and Science to meet his needs that I am compelled to raise it in this manner. Karl Frawley's ninth birthday is today. A constituent of mine from Springfield in Tallaght, he has had no recourse to any educational institution for the past year.

When Karl was six years old, he was diagnosed with autism. Last year, he was diagnosed as a sufferer of Landau-Kleffner Syndrome, which is an acute and rare form of epilepsy. Sufferers of this condition can experience up to 100 seizures per day and it takes a considerable amount of time before a proper balance of medication can be found to meet their needs. As a result of his condition, this 9 year old spent in excess of four months in hospital from June to December of last year. Up to that point, he had been attending an autism unit. Before his diagnosis with autism, he had attended his local national school in Springfield, Tallaght.

The child's family is concerned that Karl has not attended school for the past year and has not received a placement with an educational institution which could meet his particular needs. While home tuition has been provided by the Department of Education and Science for two and a half months this year, Karl's needs can only be met by his placement in a school which can provide educational opportunities for autistic children. Karl needs a school where his educational and medical needs can be properly addressed. To date, despite the best efforts of his family, the three schools in Dublin which could cater for his needs have been unable to provide a place for him. Unless such a place is found, his situation will deteriorate.

This case is not unique. I am well aware that there are other children in a position similar to that of Karl Frawley. However, it is the legal responsibility of the Department of Education and Science to find an appropriate school place for this child, an obligation which it has completely failed to honour in the past year. This case is particularly urgent given that an appeal under section 29 of the Education Act 1998 is before the Secretary General of the Department of Education and Science in regard to the recent refusal of a school in Dublin to accept Karl. The Secretary General has three weeks to determine this appeal on behalf of Karl's parents. In the event that this appeal is not upheld, will the Department of Education and Science indicate the placement it will provide for this nine year old child and when will it be available? The three schools in Dublin which can meet Karl's needs cannot take him and I understand he is not allowed to apply for a place in any school outside Dublin. He and his family are caught in a bind.

Karl's parents have requested that I ask the Minister for Education and Science directly what they should do. Should they sit back and wait for another year, with limited home tuition, no speech therapy and no occupational therapy, or should they rightly demand a place for their child within the State education system? This child cannot reach his full potential by being stuck at home, even with the provision of respite care. His placement within a classroom environment with other children would greatly help Karl's development. The most maddening aspect of this case is the complete failure of anyone within the Department of Education and Science to take responsibility and to chart a plan for this child. What will happen in September? Will Karl and his family have to wait another year, effectively exiled from the educational system? I ask the Minister of State, Deputy Finneran, to explain what the provision for this child will be from 1 September next.

Michael Finneran (Roscommon-South Leitrim, Fianna Fail)
Link to this: Individually | In context

I am taking this Adjournment matter on behalf of the Minister for Education and Science, Deputy Batt O'Keeffe, who cannot be here. I thank the Deputy for raising this matter as it provides me with the opportunity to clarify the current situation in regard to the range of support structures available where, for a variety of reasons, assistance is required in securing a school placement.

Section 29 of the Education Act 1998 provides for an appeals procedure whereby a student who has been permanently excluded, suspended or refused enrolment from a school may appeal that decision to the Secretary General of the Department of Education and Science and that appeal shall be heard by a committee. The parents of the student in question, with the support of the National Education Welfare Board, NEWB, lodged such an appeal, and the hearing was held last Friday, 20 June 2008. Under the legislation, appeals are dealt with within a period of 30 days from the date of their receipt by the Secretary General. I am advised that in this case, the outcome will be known in approximately three weeks' time.

The home tuition scheme provides funding to facilitate the provision of education at home for children who for various reasons, such as chronic illness, are unable to attend school. The scheme was extended in recent years to facilitate tuition for children awaiting an educational placement. An allocation under this scheme has been made in respect of the child in question and this will continue until he is suitably placed.

A range of support structures is available where, for a variety of reasons, assistance is required in securing a school placement. One of these structures is the National Council for Special Education, NCSE, which is responsible, through its network of local special educational needs organisers, SENOs, for allocating resource teachers and special needs assistants, SNAs, to schools to support children with special needs. SENOs operate within the policy outlined in the Department of Education and Science circular for allocating such support. School authorities typically liaise directly with SENOs in regard to their needs for such classes. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

The Education (Welfare) Act 2000 established the NEWB as the national body with responsibility for school attendance. The Act provides a comprehensive framework for promoting regular school attendance and tackling the problems of absenteeism and early school leaving. The general functions of the board are to ensure that each child attends a recognised school or otherwise receives a certain minimum education.

Educational welfare officers are appointed and deployed throughout the country to discharge the board's functions locally. They employ a welfare orientated approach in the interests of children and young people who do not attend school regularly, working collaboratively with schools and other agencies in meeting their needs. The NEWB will continue actively to support the parents of the child referred to by the Deputy in finding a suitable school for their son. When a placement is secured, the NCSE will resource appropriately.

Brian Hayes (Dublin South West, Fine Gael)
Link to this: Individually | In context

I appeal to the Minister of State to bring my comments to the attention of the Secretary General of the Department of Education and Science, who will have to determine this appeal in the next 30 days. This is a child who cannot obtain a school placement. It is not the case that he has been absent from school; he has no school to attend.

Michael Finneran (Roscommon-South Leitrim, Fianna Fail)
Link to this: Individually | In context

We await the outcome of the appeal, which will be available in three weeks' time. In the interim, I assure the Deputy that I will convey his concerns to the Secretary General and the Minister.