Jan O'Sullivan (Limerick East, Labour)
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Question 293: To ask the Minister for Education and Science if, in regard to students with dyslexia, she will impose notation on Leaving and Junior Certificates in 2007; the reason her policy is that appeals against notation cannot be successful; the purpose for allowing appeals that cannot be successful; the reason children with specific learning disabilities must make appeals in writing and cannot meet the appeals board; the reason the integrity of the certificates and resultant notation is necessary for the disabled but not for those undertaking exams through Irish; and if she will make a statement on the matter. [43058/06]

Jan O'Sullivan (Limerick East, Labour)
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Question 294: To ask the Minister for Education and Science her views on whether university diplomas, certificates and degrees lack integrity if they do not include notation, particularly where a student enters university or a course requiring higher points on the basis of additional marks in Irish; and if she will make a statement on the matter. [43059/06]

Jan O'Sullivan (Limerick East, Labour)
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Question 295: To ask the Minister for Education and Science the purpose in supplying details of children with disabilities to the CAO; if similar information has been provided where students received additional marks for Irish; the reason for the differentiation; if the practice in relation to children with disabilities breached confidentiality and data protection standards; and if she will make a statement on the matter. [43060/06]

Jan O'Sullivan (Limerick East, Labour)
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Question 296: To ask the Minister for Education and Science her views on facilitating end users by making available a database of students who undertook exams through Irish and who otherwise would have failed the examinations or failed to secure sufficient points to enter college; and if she will make a statement on the matter. [43061/06]

Jan O'Sullivan (Limerick East, Labour)
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Question 297: To ask the Minister for Education and Science if, in regard to the treatment of students with dyslexia, her Department declined to consult with an equality officer as recommended in the task force report of July 2001; if legal advice received indicated that the policy of imposing notation was flawed; and if she will make a statement on the matter. [43062/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 293 to 297, inclusive, together.

As the Deputy will be aware, this Government has shown an unrivalled commitment to ensuring that children and young people with special needs get the extra support they need in order to reach their full potential at school. We have dramatically expanded investment in special education in recent years and we have improved access to the state examinations for young people with special needs.

Annotations on certificates only apply in situations where a core area of a subject is not assessed, or where the mode of assessment used has the same effect. The scheme was introduced following the report of an expert advisory group, and the introduction enabled opportunities to be provided for exemptions where a candidate was not in a position to demonstrate achievement in a core area of assessment. This change, for example, enabled a hearing impaired student to be exempt for the first time from the aural component of language subjects. His/her marks on the balance of the examination would be grossed up proportionately towards 100%, and the certificate would include a note to the effect that all elements of the subject were assessed except the aural component. Spelling and grammar waivers in language subjects were provided to cater for students with dyslexia on a similar basis, with annotation of the certificates. The aim of these changes was to facilitate the operation of a responsive and flexible system which enables all candidates to demonstrate their achievements, while preserving the integrity and fairness of the exams by ensuring that special arrangements are operated in a transparent manner.

In relation to the Equality Tribunal's recent findings, the legal position is that they must either be implemented in full or appealed within the specified timeframe under the Equal Status Act 2002. My Department has examined the findings and is concerned both that the widening of access through the use of exemptions coupled with annotations has not been fully understood in this case and that the fundamental nature of the accommodations being provided has been questioned. It has therefore been decided to appeal the findings.

When the scheme of accommodations was expanded in 2000 an appeals system was provided for, enabling candidates to appeal decisions within the framework of principles recommended by the Expert Advisory Group. It is normal practice for appeals systems to operate with a clear mandate, and the set of principles adopted in this respect was in keeping with international practice.

The policy of awarding bonus marks awards in the state examinations was introduced by the government in the 1920s as one of a number of initiatives to promote the study of subjects through Irish, reflecting the Constitutional position of Irish as the first language. This continues to the present day in the context of wider public policy to promote the Irish language, and is a facility open to all students. In such cases the candidates have been assessed in all components of the examination.

Neither the Department nor the State Examinations Commission provides information on pupils with disabilities to the CAO. Cases where all components in the subject were not assessed were flagged to the CAO at the outset, but this practice ended when it was indicated that the information was not required. The Educational Welfare Act allows for the sharing of information for the purpose of recording a person's educational progress. The Equal Status Act 2000 had been subject to wide ranging consultation before it was enacted, and information on its requirements was available within the Department at the stage when the recommendations of the Expert Advisory Group was adopted. No difficulty was envisaged. The issue of annotation had been fully explored in advance of the Report on the Task Force on Dyslexia.

I am aware that it is not the practice in third level institutions to include notations on certificates. The position is not analogous in that third level awards are not centrally marked and subject to a published marking scheme. As a general rule, third level colleges do not provide for exemptions from a core area of assessment. Given that this case is to be appealed to the Circuit Court, it is not appropriate that I make any further comment in the matter.

John Perry (Sligo-Leitrim, Fine Gael)
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Question 298: To ask the Minister for Education and Science the provision being made for school leavers with significant intellectual disability to continue their education in third level centres in the Health Service Executive west area supported by the appropriate statutory partners in view of the Governments commitment to inclusion of people with disabilities and their obligation through the Disability Act 2005; and if she will make a statement on the matter. [43063/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The participation rate of students with a disability in third level education has improved significantly over the past ten years. In 1994, there were just 400 students with a disability in the sector (about 0.5% of full-time undergraduates), while recent indications from the Association for Higher Education Access and Disability (AHEAD) are that there are now over 2,700 students with a disability in higher education (about 2.4% of full-time undergraduates). Key measures which have contributed to this increase in participation have been the allocation by my Department through the HEA of dedicated strategic and core funding for the development of access and disability support services to higher education institutions. In addition, funding is allocated to a range of student supports and services through the Fund for Students with a Disability. In 2005/6, €1,631,979 was allocated to 408 students with a disability in 10 third level institutions in the HSE West area.

Figures from the National Office for Equity of Access to Third Level Education and AHEAD indicate that, on average, over half (52%) of all students with a disability in higher education have a specific learning disability (for example, dyslexia), about 16% of students have a mobility disability, 8% have mental health difficulties, 7% are deaf or hard of hearing, 5% are blind or visually impaired and 12% have other disabilities, including, I understand, a small number of students with intellectual disabilities.

Support structures across the education system, in particular systems of needs assessment and educational planning, are also being progressed by the National Council for Special Education, which was established on a statutory basis following the enactment of the Education for Persons with Special Needs Act 2004. The plan of work of the NCSE will ensure that the needs of young people with a disability in primary and secondary education are being met from the very earliest stages of their education.

Under the Disability Act, 2005, the Council, in conjunction with the Health Service Executive, has a key role in supporting young people and adults with a disability in progressing their studies beyond school into further and higher education, the legislation also places important obligations on education providers in accommodating the needs of students with a disability. With improved systems of assessment and support for students in first and second level education, combined with the continuity of support provided for under the Disability Act 2005, I am confident that we will see more students with a disability, including those with an intellectual disability, progressing to further and higher education in the years to come.