Finian McGrath (Dublin North Central, Independent)
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Question 443: To ask the Minister for Education and Science the action she will take against second level schools that discriminate against special needs students and not just to leave it up to parents to fight this injustice in the education system here. [42344/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I have expressed a view on a number of occasions that some second-level schools do not appear to be doing as much as they could to welcome students with special needs. I made a particular point of raising this when I attended the annual conferences of the education partners over the course of the year.

It is the general position that a school cannot turn away a child solely because he or she has special needs. A student may be refused enrolment on the basis of criteria in the school's published enrolment policy, such as those that relate to the school's catchment area, preference given to siblings of existing students etc., but the policy must be legal and cannot involve discrimination against special needs students.

While the legal position on non-discrimination in enrolment policies is strong, some schools seem not to be officially refusing to take students with special needs but rather encouraging parents to apply elsewhere on the basis that another school would better meet their needs.

I am concerned about this practice, particularly given all the extra investment that has been provided by this Government to ensure that all schools can cater for students with special needs. In the current school year, more than 1,850 whole-time equivalent teachers and more than 1,350 special needs assistants have been allocated to second level schools to cater for pupils with special educational needs. This represents an increase of more than 200 teaching posts and more than 260 SNA posts on the previous school year.

Of course, as well as the extra resources that have been provided in recent years, the process for accessing special needs supports has also been improved dramatically by the establishment of the National Council for Special Education and its teams of local organisers. Schools now have a specific person to whom they can apply for supports based on the professionally assessed needs of the individual student. All schools should see that there is now a strong system in place to ensure that special needs students get the additional resources they need. It is necessary, however, for schools to be willing to be proactive and seek extra support from their local SENO.

I also want all parents to be aware of both their legal rights and the fact that all schools have access to special needs supports, and will be asking the NCSE to assist in this regard.

Far from leaving it to parents, as the Deputy implies, the Education Act 1998 actually empowers parents to pursue their rights and the rights of their children to fair and equal treatment when seeking enrolment in a school. With regard to parents who feel that their child has unjustly been refused a school place, they may appeal the school's decision to the Secretary General of the Department under section 29 of the Education Act 1998. 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 the improvements that have been put in place in recent years, students with special needs should not only be welcome in all schools but should be embraced as part of an inclusive and caring school community.