Colm Burke (Fine Gael)
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I welcome the Minister and thank him for coming before the House to deal with this issue. I know a number of special needs assistants who have gone back to further education who have advised me that departmental circular letter 22/2012 prevents them from taking on any employment. The circular states:

7.1 The taking up of regular paid employment of any kind elsewhere in the State while on career break would be contrary to the objectives of the scheme and shall lead to refusal of an application or withdrawal of approval already given.

7.2 A special needs assistant on a career break is precluded from taking up an appointment in any capacity in any school within the state.

This circular came into force in 2012 when jobs were scarce. I fully appreciate why these were the criteria set down in respect of special needs assistants who took career breaks. The people who contacted me are those who have gone back to further education. They are paying full college fees because they are mature students and they are technically precluded from taking on any type of employment while on career break.

It is time to review circular 22/2012, taking into account that some schools are finding it difficult to get replacements, for example, where a special needs assistant goes out sick, and this is particularly the case in areas outside Dublin. I ask the Minister to review this matter.I am talking specifically about people going back to further education and they should not be penalised in this way that prevents them from taking on employment. I ask for the matter to be reviewed.

Joe McHugh (Donegal, Fine Gael)
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I thank the Senator for the opportunity to address the matter regarding the career break scheme for special needs assistants. In accordance with the Education Act, the terms and conditions of employment of special needs assistants employed in approved posts funded by moneys provided by the Oireachtas are determined by the Minister for Education and Skills, with the concurrence of the Minister for Public Expenditure and Reform.

Special needs assistants are recruited specifically to assist in the care of pupils with disabilities who have additional and significant care needs in an educational context. They may be appointed to a special school or a mainstream school to assist school authorities in making suitable provision for a pupil or pupils with special care needs. The first priority is that the care needs of the pupils are met on an ongoing basis during the school year. In June 2012, my Department, in conjunction with the school management bodies and the relevant trade unions, agreed a career break scheme for special needs assistants in recognised primary and post-primary schools, the provisions of which are contained in Circular 22/2012, which is available on my Department's website.

Paragraph 1.2 of the circular states:

The main objectives of this scheme below, which are not exhaustive, is for employers, wherever possible to facilitate applicants in the areas of:

- Personal Development

- Education (including teacher training)

- Public Representation

- Childcare/Dependent care

- Self-employment

The career break scheme therefore is applicable to special needs assistants who wish to pursue courses such as teacher training where participants are required to spend significant periods of time on school observation or teaching practice during the school year. The taking up of regular paid employment while on career break would be contrary to the objectives of the career break scheme and such applications shall be refused by the employer.

Paragraph 4.2 of the circular states, "A career break shall be a period of not less than one school year and may be extended on an annual basis provided the total period of the career break does not exceed five years at any one time.". Thus the priority of my Department is to ensure that the continuity of care and the welfare needs of pupils take precedence over all other considerations in the granting and duration of career breaks. I thank Senator Burke for affording me the opportunity to respond to the House on this matter.

Colm Burke (Fine Gael)
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The circumstances have changed since this regulation was introduced. The point being made to me by these special needs assistants is that they are trying to further their career. They have gone back to full-time education and are not in receipt of any income. Under regulations, they are prevented from getting any kind of income, and this policy should be reviewed. I fully accept the Minister's comments about facilitating special needs assistants who wish to pursue courses such as teacher training where participants are required to spend significant periods under school observation. They are prepared for that but the Minister knows the cost of rent and day-to-day living. It is not physically possible for them to take time out of a full-time job, go back to college where they pay fees, all the while being prevented under regulations from taking on any type of employment. I ask that the matter be carefully examined.

Joe McHugh (Donegal, Fine Gael)
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The Senator is being quite reasonable in his representation today. He has spoken to a cohort of people doing tremendous work and who are very much part of the school "infrastructure", for want of a better word. It may not be a good word but it signifies the value that students, teachers and principals place on the role of special needs assistants so integral as they are to the running of a school. They are very much part of the ecosystem. We are looking at reviewing the role of the SNAs and this will provide an opportunity to feed in the sentiments and observations made by the Senator today. Maybe this matter can be considered in that context.

I refer again to the contribution of SNAs. There will be an increase next year and upwards of almost 16,000 SNAs will be employed; we announced another 900 in the recent budget. This demonstrates the value of and demand for those SNAs. In 2011 there were approximately 455 special classes but that number has increased this year to almost 1,500.That is the position in terms of the demand. Obviously, it also reflects the growing choices parents have as to whether they want their children to go to a special school or to special classes within mainstream schools, be they ASD units or other forms of provision.

The most important point with regard to SNAs is the role they play. They provide one-to-one help and support but they also play an all-inclusive, all-school role. They play a fundamental role in education. I acknowledge the work they have done and continue to do and obviously they will have a future role in our education system. That is why we are going to carry out a comprehensive review of SNAs. I will keep the Senator and this House posted on developments.