Tom Hayes (Tipperary South, Fine Gael)
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Question 446: To ask the Minister for Education and Science if he will intervene in the case of a person (details supplied) in County Tipperary who has been refused transport to a special school. [40046/09]

Seán Haughey (Dublin North Central, Fianna Fail)
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Under the terms of my Department's School Transport Scheme, a pupil with special needs is eligible for transport if s/he is attending the nearest recognised: mainstream school, special class / special school or a unit, that is or can be resourced, to meet the child's special educational needs under the Department's criteria.

The National Council for Special Education has responsibility, through its network of Special Educational Needs Organisers, for the establishment of special education facilities and for allocating resource teachers and special needs assistants to schools to support children with special needs.

In this case, my Department has been advised that the school referred to by the Deputy, in the details supplied, is not the nearest that is being resourced, to meet the child's special educational needs under the Department's criteria.

This case has also been the subject of an appeal to the School Transport Appeals Board which has made a determination in the matter. The parents have been notified of this decision.