Catherine Murphy (Kildare North, Independent)
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Question 720: To ask the Minister for Education and Science the number of court actions regarding the provision of school places for students with special needs and the provision of resources relating to students with special needs which her Department has been involved in during 2003, 2004, and 2005; the number of these actions which progressed to the hearing stage; the number of cases that resulted in the provision of the school places or resources sought by the plaintiffs; the costs which were incurred by her Department in responding to these court actions; and if she will make a statement on the matter. [28750/05]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The number of court actions initiated against the Minister for Education and Science regarding the provision of school places for students with special needs and the provision of resources relating to students with special needs in the years referred to by the Deputy is as follows:

2003: 17 cases (8 Judicial Review, 9 Plenary)

2004: 17 cases (7 Judicial Review, 10 Plenary)

2005 to date: 6 (2 Judicial Review, 4 Plenary)

Only two actions have progressed to hearing stage since 2003, one of which took place in that year and one which took place earlier this year. The Court ruled in favour of the State in both cases.

The Legal Costs borne by my department in respect of claimants in cases settled or heard are detailed below. The Deputy should note that the figures provided do not include the costs of the State's Legal defence which is borne by the Attorney Generals office.

As the Deputy is aware enormous progress has been made over the past number of years as regards increasing the number of teachers and other supports in our schools which are specifically dedicated to providing education for children with special educational needs.

At primary level there are now approximately 5,000 teachers working directly with children with special needs, including those requiring learning support. This compares with fewer than 1,500 in 1998. One out of every five primary school teachers is now working specifically with children with special needs. At second level, there are approximately 1,600 whole-time equivalent resource teachers in place to support pupils with special educational needs. This compares with the approximately 200 teachers that were in place in the 1997-98 school year for such pupils. Furthermore there are approximately 6,300 whole time equivalent special needs assistants, SNAs, in our primary and second level schools supporting children with special needs.

In addition to the issue of resources at school level, the National Council for Special Education has also been established. This council has approximately 100 staff, the great majority of whom are special educational needs organisers, SENOs, who are locally based throughout the country. The role of the SENOs is to ensure that all special educational needs in their areas are addressed in an effective manner.

In particular, the SENOs are a focal point of contact for parents, guardians and schools and process applications for resources for children with special educational needs. I am satisfied that the establishment of the council and the work of the SENOs is transforming the delivery of special educational services in this country. The Education for Persons with Special Educational Needs Act was passed in 2004. This Act provides a framework for future development of special educational needs services and provides a legislative basis for assessment, for individual educational plans and for the delivery of services on foot of those plans. It also ensures that parents have a right to be consulted and kept fully informed at all stages of the process. The Act also contains provisions regarding rights of appeal where parents are dissatisfied with decisions concerning the education of their children. I am satisfied that this Act provides a very comprehensive approach to the future delivery of services.

I am confident that the State has faced up to the issue of providing appropriate educational provision for all children with special needs and that much work has been done to ensure that the necessary resources and structures are in place. I will continue to prioritise the issue of special needs education and, in co-operation with the National Council for Special Education, ensure that all children with special needs are adequately resourced to enable them to meet their full potential.