Clare Daly (Dublin North, United Left)
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1342. To ask the Minister for Education and Skills the steps she will take to clarify the situation regarding special needs assistant hours to all the professional bodies governing special education, the Catholic Primary School Management Association, the Irish Primary Principals' Network, her Department, the National Council for Special Education, as the issue is resulting in routine stress and difficulty for SNAs in the workplace. [32143/15]

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.

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: