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

The Bill also requires schools to reflect this in their admission policy and statement. The Senator can take it that the NCSE is not going to contact or approach a school in circumstances where it is not of the view that it does not have sufficient capacity to open a special class. This is a two-step process and I am correct in what I have said, which the Senator repeated, about co-operation not being 100% binding because it is not. These are additional provisions and functions to comply. If the school does not comply, the section 37A process is the next step.

There is an opportunity for schools to co-operate where the NCSE approaches them. They can comply and open a special class. In circumstances where that does not happen, the section 37A process will kick in. That is the essence of the point. I acknowledge the Senator's comments and I appreciate his acknowledgement of the significant State investment that has gone into special education.He referred to the resources and supports we have put in place and the two and a half special classes. The majority of those special classes are delivered through the co-operation of patrons, boards of management and school staff. In Dublin, we have reduced the list of children looking for a special class from 56 to approximately 35 and we hope most of the remainder will be able to get a special class by September. However, we cannot keep doing this year in and year out. It is not fair on the families who suffer enormously and are exhausted from having continually to fight against the State to provide them with the equal right to education to which their children are entitled under the Constitution.

In the first instance, we are asking schools to co-operate if the NCSE approaches them. Obviously, they can always volunteer to open a special class in other circumstances but where the NCSE is of the view there is insufficient capacity, it will approach a school. We hope those schools will co-operate and open a special class or additional special classes. If a school does not co-operate, the section 37A process will kick in. That is what this Bill is designed to do. As Minister of State with responsibility for special education, I consider it very important legislation because there should be no child with an additional need who does not have an appropriate placement, whether in a special class, a special school or in mainstream provision.