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

My understanding is that I had six minutes speaking time but I will endeavour to fill the eight minutes allocated to me.

As Minister of State with responsibility for special education and inclusion I am very grateful to have the opportunity to introduce and talk about this urgent piece of legislation, the Education (Provision in Respect of Children with Special Educational Needs) Bill 2022, in the Seanad and to discuss how it is intended that this legislation will work to support children with special education needs to gain access to specialist class placements which can meet their needs. The National Council for Special Education, NCSE, continues to advise my Department that just over 100 children in the Dublin region require a special class or a special school place for the coming school year. While my Department and the NCSE will continue to engage with schools to open more classes, I am confident that the provisions in this legislation, if enacted, can also play a key role in supporting this work.

I will begin by thanking the Leader of the Seanad and Senators for facilitating such a quick opportunity to discuss this Bill in the Seanad after it had passed through the Lower House last week and I am happy to report that this legislation received support from all sides in that House. I was also very happy to see that a number of special educational needs advocacy groups and parents’ representative bodies, such as AsIAm, Inclusion Ireland, the National Parents Council Primary and Special Classes in Schools Ireland have all welcomed this legislation and have called for it to be progressed and enacted into law without delay.

Our Special Education Consultative Forum has played a significant role in advising on the need for this legislation. I also want to acknowledge the co-operation of Senators who are members of the joint committee on education for agreeing to a waiver of the requirement for pre-legislative scrutiny of this Bill given the urgency of the situation. I look forward to our discussion of the Bill today and later in the week on Committee and Final Stages.

In my opening statement I wish to briefly talk through the main provisions in the Bill and in my closing statement I might just touch on two particular issues: first, the commitment of my Department and the NCSE to continue to engage and collaborate with schools to open new classes; and, second, to highlight both my Department’s and the NCSE’s ongoing commitment to provide the appropriate resources for schools opening special classes.

On the provisions in the Bill, there are 12 sections and as I have only a limited amount of time I will focus on two key sections of the Bill. The key provision in this new legislation is section 6 which provides for a truncated section 37A process whereby the Department of Education can direct a school to make additional provision for children with special educational needs. This new process would allow me, as Minister of State with responsibility for special education and inclusion, to serve a ministerial direction on a school, on receiving a report from the NCSE setting out its opinion that there are insufficient school places in a certain area. While efforts will continue to encourage more schools to open special classes, it is considered necessary to provide a revised section 37A process to enable the Minister to direct schools to open a sufficient number of additional special classes to ensure that children have a special class placement for the coming school year. The revised process will still give schools the opportunity to respond to an initial notice and to a draft direction from the Minister of State with responsibility for special education and inclusion before I may ultimately direct a school to open a special class. It is intended that the revised section 37A allows me to issue directions to schools within a period of six to eight weeks after receiving a detailed report from the NCSE.

This legislation seeks to ensure that a child-centred and -focused approach is taken to the provision of special education classes. As well as addressing the issues relating to section 37A, the draft legislation also seeks to strengthen the obligations on schools to co-operate with the NCSE when requested to open a new special class or expand special school provision.

Section 8 relates to section 67 of the Education Act, which provides for the NCSE or Tusla to designate a school place for a particular child. To date, this section of the Act has not been commenced. Section 8 provides for the amendment of section 67 of the Education Act by removing the provision for an appeal by a school board against a decision of the NCSE or of Tusla to designate a school place for a child.

The provision allowing a parent to appeal a decision of the NCSE or Tusla not to make a decision to designate school place when requested by a parent to do so is also being removed. It is considered that this provision is not necessary, given the option available to a parent to appeal a decision of a school board to refuse to admit under section 29 of the Education Act and the fact that it is expected that the NCSE will make a decision to designate a special class or special school place in situations where there are places available.Where there is a lack of places, this can be addressed through the section 37A process.

Provision is made to allow a school board to make representations to the NCSE or Tusla where a school is directed to admit a child. Where the NCSE or Tusla, after consideration of any representations, remains of the opinion the designation is necessary, it shall confirm the direction in writing to the board. A board shall comply with such a direction.

It is my intention to commence section 67 once this legislation is enacted. This will provide an important new power to designate a school place for a child with special educational needs.

I look forward to working with colleagues in the Seanad to progress this urgent legislation before the current term ends. In regard to possible amendments to the Bill, I ask Senators to understand the very short timeframe available to us and that it might not be possible to accept a number of amendments to the Bill.

I very much commend the Bill to the House and look forward to hearing all of the contributions.