Clare Daly (Dublin North, United Left)
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1340. To ask the Minister for Education and Skills the basis upon which a person on an infant part time special needs assistant contract with specified working hours can be asked to undertake five extra hours of duty for no extra pay on the basis of the SNA 32-hour working week which she informed this Deputy in 2014 was for pay purposes in relation to calculating the hourly pay rate and that the hours worked were those specified in the contract; and if she will make a statement on the matter. [32141/15]

Jan O'Sullivan (Limerick City, Labour)
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I should firstly point out that the individual working hours of a Special Needs Assistant (SNA) are a matter to be set out by the school/ETB as an employer to all SNAs working in the school/ETB, provided that they are in line with the nationally agreed contracts for SNAs.

In this regard, the contractual position in respect of the working hours of SNAs is as outlined in their contracts of employment which were agreed with the school management authorities and the relevant Trade Unions representing SNAs (IMPACT and SIPTU) prior to their introduction in 2005. The agreement reached between the parties found expression in the two circular letters issued in 2005 detailing the contracts of employment for SNAs.

Links to the SNA Contracts of Employment are as follows:

Department of Education and Skills Circular SNA 12/05 (Post-Primary)

Department of Education and Skills Circular SNA 15/05 (Primary)

This contract of employment is augmented by all of the relevant Departmental Circulars governing Special Needs Assistants which detail the standardised terms and conditions of employment for SNAs. These Circulars are amended and new Circulars are issued by the Minister for Education and Skills from time to time.

The position regarding the working hours of full-time SNAs is as outlined in these standard SNA contracts of employment. In that context, the standard SNA contract has been designed to be flexible to cater for the different spectrum of working hours across all the various schools including primary, post-primary and special schools. No set hours were agreed but instead full-time SNAs are expected to work for the normal school hours in the school that they are working in, and in addition to be available for a period of time before and after school in order to help with reception and dispersal of children and preparation and tidying up of classrooms etc. These times are set locally by the school management and will vary from school to school depending on the requirements of the school.

In addition, all SNAs were required to be available for a number of days at the start and finish of each school term not exceeding 12 in total. Under the Croke Park Agreement it was agreed to introduce greater flexibility to the use of these 12 days.

Accordingly, DES Circular 71/2011 was issued on 15 December 2011 which outlined that these 12 days now equate to 72 hours (pro-rata for part-time SNAs) to be used by schools as an additional bank of hours to be utilised and delivered outside of normal school opening hours and/or the normal school year.

Link to DES Circular 71/2011 is as follows:

SNAs who are employed in a part-time capacity are paid a pro-rata amount dependent upon their level of hours of employment. Part-time SNAs are paid on the agreed divisor rate for pay purposes for part-time SNAs which is 32 hours. I should point out that this divisor was also agreed with both the Management Authorities and the Trade Unions (IMPACT and SIPTU) that represent SNAs.

Furthermore, the contract of employment for SNAs in the post primary sector specifically requires that SNAs in the post primary sector are required to work the month of June.

Turning to the specific query regarding that of an SNA employed on an Infant day. An Infant day is regarded as being 0.83 of a full-time SNA position. Accordingly, SNAs employed on an Infant Day basis are paid 0.83 of a full-time SNA salary and similar to full-time SNAs are obliged to work the full Infant hours in the school that they are working in, and in addition to be available for a period of time before and after school. Similar to all SNAs these times are set locally by the school management and will vary from school to school depending on the requirements of the school.

However, if any SNA believes that the working hours as laid out by their employer are not in line with the nationally agreed contracts for an SNA, then that is a matter that they should raise directly with their employer (the school/ETB). If an SNA remains unhappy with the response received from their employer, then the Department has implemented a nationally agreed set of Grievance procedures for SNAs (DES Circular 72/2011) which can be invoked by an SNA with their employer where matters such as this are in dispute.

Link to DES Circular 72/2011 is as follows:

Clare Daly (Dublin North, United Left)
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1341. To ask the Minister for Education and Skills her views on concerns expressed regarding circular 0041/15 (details supplied). [32142/15]

Jan O'Sullivan (Limerick City, Labour)
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Firstly, I am pleased to inform you that my Department recently received approval for an additional 610 Special Needs Assistant (SNA) SNA posts from September 2015 to reflect the Government's commitment to ensure that every child with an assessed need has access to a SNA. This is an important principle and will continue in the 2015/16 school year. This increase in SNA posts is in addition to the additional 220 SNA posts for 2015 already provided for last autumn. The overall result of this is that from September 2015 there will be 11,820 whole-time SNA posts available in our primary and post-primary schools. This is an 11.7% increase since this Government came to office.

I am also aware of concerns expressed by SNAs regarding the casualisation of SNA positions and in recent months my Department has also issued a circular regarding the employment of SNAs. (DES Circular 41/2015 – See attached link)

This Circular details the supplementary assignment arrangements for SNAs for the 15/16 school year and also outlines that where a school/ETB has an additional allocation of SNA hours/posts, then that additional allocation of hours/posts must be offered to any existing part-time SNAs in that employment, in order of seniority, before the employer has recourse to recruitment. This was done with a view to addressing the issue of casualisation of employment amongst SNAs.

This circular will go a long way to address concerns about casualisation that have arisen within the profession and which I addressed at the IMPACT education sector conference at Easter. This circular builds on the introduction of a supplementary assignment panel process for SNAs which was introduced two years ago, giving SNAs the alternative of redeployment instead of redundancy. Both measures have operated in advance of the 15/16 school year giving SNAs greater stability and a better chance of a full-hours contract.

The purpose of these arrangements is to facilitate eligible SNAs who are being made redundant by one employer in filling SNA vacancies that may become available in another school/ETB. Furthermore, it means that, before an employer opts to recruit a further person as an SNA(s), they must ensure that all existing part-time SNAs in their employment, in order of seniority, have been offered a full-time position in the school or, in the case of ETBs, a full-time position in a school within the ETB scheme.

The only exception that can be made to this rule is where a school/ETB has a determination in writing from the NCSE / SENO stating that their allocation must be split amongst a specific number of SNAs and/or stating that the allocation must be implemented in a specific fashion to address the care needs of the pupil(s). In cases where this exception is being invoked by a school/ETB then this written determination from the NCSE / SENO must be provided to the existing part-time SNA(s) affected. It should also be noted that the position in relation to the allocation and distribution of Infant days, which is a distinct and specific feature of the SNA scheme, remains unaffected.

If an SNA believes that Circular 0041/15 regarding the allocation of extra hours to current SNAs was not adhered to in their school i.e. they were not furnished with information regarding either a written determination from the NCSE/SENO and/or the invocation of the Infant Days principle then they should contact the dedicated e-mail address snasupplementpanel@education.gov.ie and my officials will ensure that the relevant information regarding the matter is provided to them by their employer.

Finally, as already outlined, my Department has set up a dedicated e – mail address with all queries in relation to the SNA Supplementary Assignment Panel and any queries in respect of the operation of the Panel can be directed to this dedicated e – mail address: snasupplementpanel@education.gov.ie