Written answers

Wednesday, 15 February 2006

Department of Education and Science

Special Educational Needs

9:00 pm

Photo of Martin FerrisMartin Ferris (Kerry North, Sinn Fein)
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Question 122: To ask the Minister for Education and Science the number of children with special needs being taught in unsuitable conditions here, such as in toilets, cold corridors and so on. [5791/06]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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The information as requested by the Deputy is not readily available. The National Council for Special Education, NCSE, was established as an independent statutory body with responsibilities as set out in the National Council for Special Education (Establishment) Order, 2003. The NCSE, through local special educational needs organisers, SENOs, is responsible for processing resource applications for children with special educational needs, from 1 January 2005.

Where a pupil with special educational needs enrols in a primary or post-primary school, it is open to the school to apply to the local SENO for additional teaching support and/or special needs assistant support for the pupil. In the same way, the school can make an application to my Department's school planning section for additional accommodation to facilitate the requirements of such pupils where the need arises.

Projects to provide special needs facilities attract a band 1 rating under the published prioritisation criteria for large scale building projects. This is the highest band rating possible, reflecting my Department's commitment to ensuring that the requirements of special needs pupils are met as expeditiously as possible.

Photo of Olivia MitchellOlivia Mitchell (Dublin South, Fine Gael)
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Question 123: To ask the Minister for Education and Science the way in which she will ensure that schools accept applications from students with special educational requirements; if her Department has issued enrolment guidelines to schools; and if she will make a statement on the matter. [5588/06]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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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.

In formulating its admissions policy a school must ensure it is lawful. In particular, it must act in accordance with section 7 of the Equal Status Act 2000 which, subject to very limited exceptions, prohibits schools from discriminating against people in a number of matters, including the admission or the terms or conditions of admission of a person as a student to the school. My Department has issued schools with an information booklet entitled "Schools and the Equal Status Acts". The booklet identifies ways in which the rights conferred and the duties imposed by this legislation together with the education legislation can be used as building blocks for the creation of an inclusive school.

My Department provides a range of supports to all schools to enable them to welcome students with special educational needs, including the allocation of additional teacher support and special needs assistant support. 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 more actively assert their rights in terms of their choice of school.

Currently, 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. With effect from 1 January 2005, the National Council for Special Education, NCSE, has taken over key functions from my Department in 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.

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