Mary Hanafin (Dún Laoghaire, Fianna Fail)

Ba mhaith liom mo bhuíochas a ghabháil leis na Seanadóirí a ghlac páirt sa díospóireacht seo agus a thug tacaíocht don Bhille.

A number of issues were raised that were of interest. Shortly after I was appointed discipline in schools was one of the first issues to be raised by the unions and I undertook to set up a task force on behaviour to examine the matter. There is not a crisis in our schools. A small number of schools have difficulties and a small number of children are involved. Where there is a problem, however, it can be serious for the children, for teachers and for other people in the school. It is therefore important to come up with a response which enables schools to deal with difficulties in a way which is appropriate for them. Not all schools need a behaviour support classroom and some may be able to deal with the challenges by, for example, offering different subjects or being included in the junior certificate support programme. They can ensure the individual needs of children with special needs are properly met and can put in place appropriate policies for that purpose.

Others need more targeted support. Recognising that, and building on the work of the task force, the behaviour support service was established. I have been very impressed by the calibre of the group, comprising as it does principals, teachers, people with special needs backgrounds and psychologists. It is a very broadly based group which appreciates and understands the varying needs of schools.

Senator Ulick Burke suggested a circular be issued to all schools to come forward but every school in the country was invited to various regional meetings at which the behaviour support service invited them to put forward submissions, following which the schools were invited to apply for assistance. Some 124 applied for assistance across a broad range of areas but 50 who appeared, in the eyes of the behaviour support team, to have the most serious needs, were identified for support in the first instance. The work has already started and the behaviour support teams, whose members have a variety of experience, now work in the schools in question, examining their policies and the range they offer to see how they can support them. Some will be allocated behaviour support classrooms as a result of that work, which I envisage happening very quickly, probably after Easter. It is very important those classrooms do not become a dumping ground and a student should never be in such a classroom permanently. The teams support the student to reintegrate fully into his or her school.

There is no set formula as to how the classrooms should be staffed but, in answer to Senator Tuffy's question, they will be staffed by qualified people. The team will consider what best suits the needs of a particular school. A school that requires a behaviour support classroom might need a teacher who is skilled in technical or practical subjects. It might also require a teacher who is well versed in the area of literacy or it might need a psychologist. However, there is no particular model. In my opinion, that is the best way to approach this because we will be then in a position to ensure we can meet the needs of particular schools.

I did not, at any stage, use the term "pilot". However, in so far as there is a pilot scheme it is designed to identify whether there is a best model that will work. That is why we are not entering into this with preconceived notions, which is an important point.

The Bill involves the balance between the right of an individual to an education, the right of majority to obtain an education and the health, welfare and safety of everyone within schools. The education of the individual must be our foremost concern because every child has a right to an education. It is important this right should be recognised and acknowledged and that the needs of children should be met. Regardless of whether this happens within the school system, by offering additional supports, by working with education welfare officers in respect of other placements or by working through, for example, a mechanism such as Youthreach, we must ensure children do not become sidelined.

Senator O'Rourke referred to two cases with which my Department's legal officers are extremely familiar. The Department of Education and Science would take very seriously any instances where decisions of appeals boards were not acted upon by schools. If necessary, it would go to the courts to ensure action would be taken and that the rights of children would be upheld.

Students have a range of rights under our Constitution and our laws, particularly the special educational needs legislation. I accept Senator O'Toole's comments with regard to ensuring staff in schools should be properly trained in respect of this matter. In light of the implementation of the legislation and the further obligations being placed on schools, particularly in the context of individual education plans, I have launched useful guidelines for primary and second level schools. I will pass on to the special education council the views of Senators on how teachers need to be supported in their work. In that context, I accept that teachers require support.

Senator Tuffy referred to the role of special needs schools. When discussing children with special needs, there is often a tendency to refer to mainstreaming and integration. This is a wonderful concept but it is not suitable for every child. Special schools do a tremendous job in meeting the needs of children of various intellectual abilities. We are fortunate to have such a range of such schools.

I am not sure about the concept that a child who is not getting on well in his or her school should spend some time at another school and then return. I would not like special schools to be seen as dumping grounds for their mainstream counterparts. There are, however, schools which can deal with those experiencing particular problems. For example, St. Oliver Plunkett special school in my constituency takes children with dyslexia for two years before returning them to the mainstream. In this instance, however, there is a formal programme in place. Benincasa special school deals with children with behavioural difficulties. Again, these children might spend a full school year or five or six school years in the school. This is probably a more structured and better way to proceed.

We are working with the special education council and are carrying out a study in respect of one school to see how the special schools, which have such expertise and experience, become centres of excellence, not just in their own right but also for schools in the surrounding area to which they might offer the support that is needed. There is no doubt this is one of the major issues facing our schools. I reiterate that this is why we prioritised the requirements of children with special needs before tackling class sizes. It is also why we appointed additional teachers and employed special needs assistants. We targeted children in this area in particular because they were the most neglected.

Senator O'Toole and others gave the impression that every problem in the education system would be solved if we reduce class sizes. Now that we have begun doing so, I look forward to every problem in the education system being solved.

Reference was made to bullying and the importance of dealing with cases involving bullying, which is crucial. Under the Education Act, every school is required to have a bullying policy. As stated earlier, the National Educational Welfare Board, NEWB, will be providing guidelines on the implementation of codes of behaviour, etc. In order to be of assistance to schools, particularly those of the second level variety, the Department's website contains a template of what might constitute a good bullying policy. It is suggested that a policy of this nature should be agreed among the principal, staff, students and parents so that from the outset everyone will know what will and will not be tolerated and how the policy will be implemented within a school. I agree with Senator Tuffy that it is not the job of the NEWB to deal with bullying in schools. Where a school has the right policies in place, it will not need to call in outside assistance because the procedures will be clear.

Senator Kitt referred to the good practice that exists in areas. Good practice should be transported from one area into another. If, as the Senator suggested, professionals in Tuam, County Galway, have good relationships with professionals in other areas, it would be important that they should share their expertise. I am not suggesting that everyone should become involved in holding meetings. However, it is important that professionals in different regions who are dealing with children in schools should talk to each other. It obviously would be to the benefit of children if psychologists with NEPS, education welfare officers with the NEWB, those working with the HSE and gardaí were in a position to share information on a professional and confidential basis.

Senator Ormonde referred to the whole-team approach, guidance and the home-school-community liaison scheme. It is extremely important that everyone in a school should be involved in dealing with this issue. It is only when a whole-school approach is taken that success can be achieved.

The Senator also referred to persistent behaviour. The word "persistent" is used in the Bill, as are those of "nature" and "scale" in the context of someone's behaviour. It can be very annoying to have someone chatting at the back of the class all day. However, this does not constitute a reason to expel a student. Such behaviour might be persistent but it would not qualify under the criteria relating to nature and scale. Equally, somebody might — God forbid — draw a knife on a teacher. This might not happen every day of the week. However, the authorities at a school might consider the fact that it happened once to be sufficient grounds to expel the person involved. These matters must all be taken into consideration.

I have dealt with the main issues raised by Members. The Bill, of which Members were extremely supportive, is designed to ensure an appeals board will have a proper structure within which to work and that it will be able to balance the rights of everyone involved in education while ensuring the quality of education offered in the classroom and the learning environment will be protected. I thank Senators for their interest in the debate.