Josepha Madigan (Dublin Rathdown, Fine Gael) | Oireachtas source

I had much writing to do from all of the different contributions. I might just deal with Senator Mullen’s particular issue because it was a kind of a technical matter. I want to thank Senators Seery Kearney, Keogan, O’Loughlin, Pauline O’Reilly, Gavan, Sherlock, Currie, Maria Byrne, Carrigy and Conway for their contributions. I might come to them at the end of my closing statement if I have time and go through the Senators' individual points.

I just want to speak to Senator Mullen on his particular issue. As he knows, we are putting in new general provisions or functions on patrons and boards in this legislation. That is aimed at making it unequivocal in making our schools child-centred and child-focused for all children, not just those with additional needs. That is all that section 3 is about. It is making sure that patrons and schools co-operate with the National Council for Special Education, NCSE, when they are consulted to open a new class. That is what the Bill, in essence, does. It is outside of the section 37A process. It is asking the board of schools to co-operate, ultimately, with the NCSE. As the Senator knows, that is the regular co-operation that already happens in the majority of cases anyway. Section 37A is separate and a power that I am reluctant to use, but on occasions I have no option but to do it. However, it will not defunct the provisions in the Bill ultimately. As the Senator knows, the Attorney General obviously has contributed to this legislation as well and everything has gone through him in terms of the drafting process. Therefore, I am confident the provisions are not contradictory and will work together. I hope that answers the Senator’s question. I just wanted to specifically deal with that.

As the Minister of State with responsibility for special education and inclusion, I am committed to making a difference for students who have special education needs as part of an inclusive education system. Children with special education needs should be supported to access the education system. As a Government, we fully recognise the importance of an inclusive and all-embracing education system. Never is it more important than in the case of children with special education needs. I fundamentally believe that our most vulnerable children in society must be prioritised.

Government policy on supporting children with special education needs aims to ensure that all children will have access to an education appropriate to their needs. Our policy is to provide for inclusive education and ensure the maximum possible integration of children with special needs into ordinary mainstream schools. Where pupils require more targeted interventions, special class or special school placements are also provided.

On investment, the Department of Education is investing more than €2 billion in making additional provision for children with special education needs in 2022. That represents in excess of 25% of the Department’s total annual budget. Access to education by every child with special education needs is designed to provide the appropriate and necessary supports to ensure that the full potential of each child is realised.

In my opening statement, I highlighted that I wanted to return to two issues, namely, consultation and resources. First, on consultation, the vast majority of schools, when approached and consulted with by the NCSE to make additional provision for children with special education needs, agree to open a new or additional special class. Both my Department and the NCSE have developed a number of strategic initiatives to forward plan for the provision of special class and special school places. These developments in relation to forward planning and the ongoing collaboration with schools are bearing fruit. Some 300 additional special classes were opened in the current school year and at least 315 more classes have been sanctioned to open for the coming school year. I want to confirm that my Department and the NCSE are committed to continuing to work with schools to provide new or additional special classes in this way.

All parties would obviously prefer to see schools volunteer to provide more places rather than places being secured on the back of an order or a direction from the Minister. The evidence available this school year is that schools are willing to work collaboratively with the Department and the NCSE on the provision of new school places for children with special education needs. I am grateful to all concerned for their ongoing work in this regard.

However, where the NCSE identifies a need for additional special classes in an area and have been unable to find schools agreeable to opening new classes after consultation, the section 37A process can be considered. I recently announced the section 37A process has been initiated for the third time in relation to the provision of special classes at primary and special school places in Dublin region. The NCSE wrote to me to advise that it formed an opinion that there is insufficient special class capacity in primary schools and special school capacity in Dublin. I mention Dublin only because the NCSE assured me that there are sufficient special school and special class places outside of Dublin.

Where the existing section 37A process has been used twice already, those processes took more than four months and 18 months, respectively. This underlines the need for a new process, as all relevant parties agree that the current section 37A process is too long and too complicated. The key provision in this legislation provides for a truncated section 37A process whereby I can direct a school to make additional provision for children with special education needs. It is envisaged that this new process can lead to a ministerial direction to be served on a school within six to eight weeks of receiving a report from the NCSE setting out its opinion that there is insufficient school place in a certain area. This shortened process still allows two opportunities for school patrons and boards to make representations to me ahead of a direction issuing.

On resources, which practically all of the Senators mentioned, I want to take the opportunity to confirm that both my Department and the NCSE are committed to providing appropriate resources to schools opening new special classes. I think we can all agree that a new special class is much more than simply four walls and a room, and this is very much reflected in the resources that are provided.

Mainstream schools opening new special classes are informed in advance of the range of supports available from both the Department and the NCSE. The Department’s planning and building unit is available to work closely with schools opening new special classes and my Department has a framework of contractors in place to facilitate necessary works in schools. All works are 100% funded by the Department.

On staffing resources, as was mentioned, one additional teaching post is sanctioned at primary, 1.5 additional teaching posts are sections at post primary and two special needs assistants, SNAs, for every autism spectrum disorder, ASD, special class of six children. The NCSE provides a programme of professional support for schools with newly established special classes. They include a seminar for principals, a four-day intensive training course for teachers, a two-day training course for new teachers, whole staff continuing professional development, CPD, and the school is also linked with an NCSE adviser. In addition, the Department provides enhanced funding through increased capitation rates, a special class start-up grant, furniture and ICT grants. It is vitally important that we appropriately resource schools opening special classes. I want to confirm the commitment of both my Department and the NCSE to continue to provide these supports for all schools opening new special classes.

As I have one minute left, I will address Senator Seery Kearney, who was the first to speak. She mentioned the Dublin 12 autism advocacy group and Involve Autism, which I know she does much work with on a regular basis. I am happy to liaise with her on any assistance I can give her in that regard.

Senator Carrigy mentioned summer provision and getting special schools to increase the uptake. There has been a significant uptake over the past two years, but I agree with the Senator. We have 129 special schools now and want to make sure we do everything we can to support them to provide the summer provision.As the Senator will know, we outlined a number of new measures to do that this year. We will continue to do that and we may get more schools taking it up next year. Senator Keogan mentioned training and resources. She is not here but that is an issue of significant importance.