Damien English (Meath, Fine Gael)
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Question 123: To ask the Minister for Education and Science her views on whether some second level schools appear to be referring a large number of students with special educational needs to other schools in their locality; and if she will make a statement on the matter. [32708/05]

Willie Penrose (Westmeath, Labour)
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Question 127: To ask the Minister for Education and Science if regulations will be introduced to ensure that schools are not permitted to cherry-pick students; and if she will make a statement on the matter. [32817/05]

Joan Burton (Dublin West, Labour)
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Question 130: To ask the Minister for Education and Science the action she intends to take to ensure that all post-primary schools welcome and support children with special educational needs; and if she will make a statement on the matter. [32755/05]

Martin Ferris (Kerry North, Sinn Fein)
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Question 165: To ask the Minister for Education and Science the action she intends to take to end the practice of special needs students being referred on to other schools by certain schools resulting in huge disparities between these schools in the amount of special needs students they must cater for. [32748/05]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 123, 127, 130 and 165 together.

I am aware that some second level schools do not appear to be doing as much as they could to ensure that students with special needs are as welcome in those schools as students without special needs. I expressed my belief in this regard at the recent annual conference of the National Association of Principals and Deputy Principals. However, this is a complex area already governed by statute, and I am not sure that it would be amenable to resolution simply by the introduction of regulations.

The Education Act 1998 requires all schools to have in place an admissions policy, detailing admission to and participation by students with disabilities or who have other special educational needs. The Act also requires schools to ensure that as regards that policy the principles of equality and the right of parents to send their children to a school of the parents choice are respected.

My Department provides a range of supports to all schools to enable them to welcome students with special educational needs. My Department allocates additional teacher support and special needs assistant support to second level schools and VECs to cater for students with special educational needs. The nature and level of support provided in each case is based on the professionally assessed needs of the individual student. However, this requires a willingness on the part of schools to be proactive in this area and also a willingness on the part of parents to assert their rights more actively in terms of their choice of school.

The level of resources being made available to support students with special educational needs in the second level system has grown significantly in recent years. In the current school year, my Department has allocated approximately 1,614 whole-time equivalent teachers and 1,023 special needs assistants to second level schools to cater for pupils with special educational needs. This represents an increase of approximately 225 teaching posts and 391 special needs assistant posts on the previous school year.

Under section 29 of the Education Act 1998, parents of a student who has been refused enrolment in a school may appeal that decision to the Secretary General of my Department. Such appeals are dealt with within 30 days of their receipt and where an appeal is upheld the Secretary General is empowered to direct the school to enrol the student.

The Deputies will also be aware that with effect from 1 January 2005, the National Council for Special Education, NCSE, has taken over key functions from my Department in relation to special educational provision. I am confident that the advent of the NCSE will prove of major benefit in ensuring that all children with special educational needs receive the support they require when and where they require it.