Tommy Broughan (Dublin North East, Labour)
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270. To ask the Minister for Education and Skills further to Parliamentary Question No. 181 of 30 April 2014, if he will confirm the date on which the actual Model A document that was presented to the High Court in the Ó Cuanacháin case was approved by his Department; if he will provide copies of documentation recording that this approval was made; and if he will confirm that the Model A document was circulated to all schools with ASD units at that time in view of the reference by the High Court judge to the framework of autism-specific education proposed by the State and apparently available in September 2006 at the two primary schools in his area and the model referred to in the proceedings as Model A. [21477/14]

Tommy Broughan (Dublin North East, Labour)
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271. To ask the Minister for Education and Skills further to Parliamentary Question No. 181 of 30 April 2014, in view of the High Court judge stating in his judgment in the Ó Cuanacháin case that the court was in effect being asked about a claim into the future to decide that Model A as proposed by the State was not an appropriate primary educational provision, the reason he is now stating that the model terminology was primarily internal when it is clear from what the judge stated that a decision was being made in the case before the High Court on whether or not Model A was appropriate for educating some children with autism. [21478/14]

Ruairi Quinn (Dublin South East, Labour)
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I propose to take Questions Nos. 270 and 271 together.

Any internal documents relating to the exhibition of evidence to the High Court constitute communication between my Department and its legal team, in the context of litigation and, as I have already advised, such communications are the subject of legal professional privilege.

I previously advised the Deputy that the model documentation was primarily internal. In the case of each of the ASD classes currently operating throughout the country, they were opened with the direct support of the NCSE/SENO and/or the Inspectorate and/or the relevant NEPS Psychologist. Through the proviso of this direct support, each school received the advice and guidance necessary to assist them in the development of their units. It is not possible to say whether an individual school received documentation as part of the support and guidance provided by either NEPS or the Inspectorate when their ASD unit was opened.

However I also advised the Deputy previously that the model concept in question was not disregarded, rather the scenarios described by the models were simplified. Elements of teaching frameworks, whole school training and the extended school year remain features of current provision. I previously advised the Deputy that the discontinuation of the model concept in favour of the mainstream, special class and special school provision did not materially alter the provision being made for children with autism.

As previously outlined the NCSE is currently developing policy advice on the education of children with autism. I specifically requested the NCSE to consult as widely as possible in the preparation of the advice as it presents an opportunity for all interested parties to contribute to the final advice document which will assist in the development of policy in my Department for future years. The terms of reference for the policy advice are on the NCSE website www.ncse.ie and will address many of the issues raised recently by the Deputy.

Finally it should be noted that the decision of the court in the case to which the Deputy has referred was to the effect that, the decision as to what model of education contained within it the ability to provide an appropriate education was a responsibility of the Minister under the constitution and that the Minister had made this decision having taken advice. This is clearly an ongoing responsibility and the changes which have taken place since this finding and which may take place as a consequence of the forthcoming NCSE policy advice are entirely consistent with the court's findings.

Tommy Broughan (Dublin North East, Labour)
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272. To ask the Minister for Education and Skills further to Parliamentary Question No. 182 of 30 April 2014, if he will confirm that special needs assistants are currently not provided with training in ABA as would have been required under Model A; and if he will confirm that this does materially alter the educational provision being made for children with autism now that Model A has been discontinued in favour of mainstream, special classes and special school provision. [21479/14]

Ruairi Quinn (Dublin South East, Labour)
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As the Deputy is aware my Department's position is that as each child with autism is unique, they should have access to a range of different approaches to meet their individual needs and my Department's policy is to promote a child- centred approach to the education of children with special education including autism. The use of ABA as part of the range of interventions is particularly useful for addressing behavioural issues.

As I previously outlined for the Deputy the brief of the Special Education Support service (SESS) is to enhance the quality of learning and teaching of students with special educational needs through the provision of CPD and support for teachers in mainstream schools, primary and post-primary special schools, and special classes. The SESS also provides whole school training at the request of schools and this can include training for Special Needs Assistants.

The model concept in question was not disregarded, rather the scenarios described by the models were simplified. Elements of teaching frameworks, whole school training and the extended school year remain features of current provision. I previously advised the Deputy that the discontinuation of the model concept in favour of the mainstream, special class and special school provision did not materially alter the provision being made for children with autism.

It is a matter for schools to determine the approach or mix of approaches which they will use in each individual case. The approach towards each child's education would be based on the individual educational needs of the child and would have regard to the child's individual education plan and supporting professional reports, etc. and would require the interaction of all school personnel involved in the provision of education to the child. Funding is also made available through the SESS support scheme enabling teachers to identify their own CPD needs and attend appropriate and relevant courses not provided directly by the SESS. The criteria by which SNA support is allocated to pupils is set out in my Department's Circular 0030/2014. The Circular explains that where pupils have particular care needs, that schools should ensure that SNAs who are recruited to work with such children are equipped with the skills necessary to support the particular needs of these pupils.

As previously outlined the NCSE is currently developing policy advice on the education of children with autism. I specifically requested the NCSE to consult as widely as possible in the preparation of the advice as it presents an opportunity for all interested parties to contribute to the final advice document which will assist in the development of policy in my Department for future years. The terms of reference for the policy advice are on the NCSE website www.ncse.ie and will address many of the issues raised recently by the Deputy.

Tommy Broughan (Dublin North East, Labour)
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273. To ask the Minister for Education and Skills further to Parliamentary Question No. 183 of 30 April 2014, the date on which the information pamphlet he referred to will be issued; if the pamphlet will include a list of all interventions currently approved by his Department for use in educating children with autism, along with at least one reference to peer-reviewed research supporting the effectiveness of each intervention listed; and if the pamphlet will specify that the decision on whether to use all or any of these interventions will be made by the classroom teacher. [21480/14]

Tommy Broughan (Dublin North East, Labour)
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274. To ask the Minister for Education and Skills further to Parliamentary Question No. 183 of 30 April 2014, in view of the participation of the National Council for Special Education in the preparation of the information pamphlet regarding the education of children with autism, if he will confirm that the pamphlet will not contain a statement that all children, including children with special educational needs, have a right to an education which is appropriate to their needs, as this statement is misleading and contained in the NCSE booklet of September 2011; and if this statement will also be removed from the NCSE booklet of September 2011. [21481/14]

Ruairi Quinn (Dublin South East, Labour)
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I propose to take Questions Nos. 273 and 274 together.

I wish to advise the Deputy that the information pamphlet for parents/guardians, being prepared and published by the NCSE in consultation with my officials, is at an advanced stage of preparation and will shortly be published. The aim of this pamphlet is to inform parents and guardians of supports and services available for children and young people with autism spectrum disorder and their families.

Although an outline of my Department's policy will be a feature, the publication of the pamphlet is not intended to replace any formal statement of the Minister's policy on the education of children with autism spectrum disorder nor is it, or the NCSE booklet of September 2011, purporting to be a legal document. The contents of the booklet are a matter for the NCSE. The pamphlet will be broadly similar to the NCSE pamphlet in respect of Deaf and Hard of Hearing children. I have arranged for a copy of that pamphlet to be sent to the Deputy.

The Deputy will see that this pamphlet, which is the first of a series of such pamphlets being prepared for a wide variety of special educational needs, provides a general overview of available supports and services rather than the detail mentioned in his question.