Dáil debates

Wednesday, 27 June 2018

Topical Issue Debate

Special Educational Needs Service Provision

4:30 pm

Photo of Kathleen FunchionKathleen Funchion (Carlow-Kilkenny, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

I thank the Ceann Comhairle for selecting this issue because this is probably the last week for something like this to be raised. It concerns a situation in a school, the new general data protection regulation, GDPR, and application form 3 for assistive technology. Because of the new rules introduced by the GDPR, the form has been taken off the website of the Department of Education and Skills. The form needs to be signed by a principal to be valid. Obviously, as we are coming into the school summer holidays on Friday, principals will not be available to sign the forms. There is the added difficulty that one needs an occupational therapist's report stating that the child needs the assistive technology to get access to this. However, the report will not be accepted without the form and now the application form seems to be unavailable. Perhaps this is an oversight in a technical area. I ask the Minister of State and the Department to accept the older form, perhaps until December, in order that parents are not in this situation. Some schools are saying to parents that they will have to purchase books for the first few weeks until the forms are processed. As this can take six to eight weeks, they are telling parents they must purchase books to be used in September and October. At that stage, they hope to have the forms processed and then the child will revert to using assistive technology. However, this seems absolutely ridiculous because they are putting a cost on parents for books the children will only need for a certain number of weeks. Clearly, this is just an issue with the GDPR. Surely some compromise could be found - for example, accepting the older form while everything else is updated. It is a very specific issue but I hope that makes sense.

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank the Deputy for raising this matter. Under the assistive technology scheme, as set out in my Department's circular on the matter, funding is provided to schools towards the cost of computers and specialist equipment that are required for educational purposes. As the Deputy will be aware, equipment is provided under this scheme for children with more complex disabilities who, to access the school curriculum, require essential specialist equipment that they do not already have or which cannot be provided to them through the school's existing IT provision. The type of equipment provided under the assistive technology scheme is varied and includes audiological supports for students with hearing impairment, Braille equipment for children with visual impairment and computer equipment with associated modified software for students with physical or severe communicative disabilities.

The National Council for Special Education, NCSE, through its network of special education needs organisers, SENOs, is responsible for processing applications from schools for assistive technology support.

Schools make applications directly to the SENO, providing details of the student’s special educational needs or disability, including details of the approach taken by the school in making relevant interventions.

Professional reports from psychologists or occupational therapists, for example, must be submitted by the school along with the application. These reports must have a recent and comprehensive professional assessment of the nature and extent of disability, and outline that the equipment is essential for the pupil to access the curriculum.

SENOs will review the application and professional reports, in order to establish whether the criteria of the scheme have been met. They will then make a recommendation to the Department as to whether assistive technology is required. Based on this recommendation, the Department’s officials will decide on the level of grant. The NCSE operates within my Department’s criteria in making such recommendations.

Due to obligations under the GDPR, a temporary pause was applied to the processing of assistive technology applications. This pause was necessitated by the sensitive nature of personal data submitted by schools along with applications, and the requirement for a joint data controller agreement between the NCSE and the Department. Pending the agreement, the application form has been unavailable on the NCSE’s website. Department officials advise that the joint data controller agreement will be finalised today and that arrangements are being made for the application form to be placed on the NCSE website. Once available, all applications can and will be processed by the Department in time for the commencement of the next school year in September.

4:40 pm

Photo of Kathleen FunchionKathleen Funchion (Carlow-Kilkenny, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

I thank the Minister of State. I am glad to hear that there has been some resolution to this issue and it is planned to place the form on the NCSE website. However, I am very conscious that it is Wednesday and schools are finishing on Friday with most of them taking a half-day.

The form needs to be signed by a school principal before it is processed at the next stage. I am looking for some commitment that allowance will be made. Some students are being told they will have to buy books until their forms are processed, which is crazy because it is incurring an unnecessary expense when they will only use the books for six to eight weeks. As they clearly need the assistive technology, the books will be redundant in the first place.

It is great if it is on the website today but that only gives people a day and a half to get their applications signed by a principal and submitted. If students cannot get the form signed until September the schools should not make them buy books. The Department can advise schools not to operate that system. We are looking for a commitment that that will not happen. I do not see how all these forms can be printed off and signed in a day and a half. The timeframe is very tight for primary school students.

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I absolutely hear what the Deputy is saying. I was a principal for 16 or 17 years and I do not know any principal who would leave the school at the end of this week and go off until September. I know hundreds of principals around the country and they work during the summer holidays. I thank the principals for the work.

I do not foresee the issue the Deputy mentioned. I believe people will apply. Principals always think of the children first. I am sorry it was not on the website until today. There is a day and a half and I bet that principals will be in their schools for the next week, the next two weeks and indeed throughout the summer. I am sure they will do the very best for the pupils under their care.