Thomas Byrne (Meath East, Fianna Fail)
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89. To ask the Minister for Education and Skills his views on whether in the case of a proposed expulsion or suspension of a child with special needs the section 29 procedure is inappropriate; and his plans for reform in the area. [22417/18]

Richard Bruton (Dublin Bay North, Fine Gael)
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The Code of Behaviour, that each school is required to develop under the Education Welfare Act, must set out the procedures to be followed before a student may be suspended or permanently expelled from school and a school is obliged to take special care where the child has special needs.

I share the Deputy’s concern about the impact on a child with special needs who is expelled from school. However of even greater concern to me is that when in cases of this nature the parent seeks a place in another school they face difficulty securing a place and the NCSE encounters similarly difficulties where it tries to assist securing a fresh start for the child.

I believe that any significant delay in securing a new school place for a child with special educational needs is not acceptable. For this reason, I have included a provision in the Education (Admission to Schools) Bill which will allow the National Council for Special Education (NCSE) to designate a school place for a child with special educational needs.

A parent or guardian will have the option of seeking a designation from the NCSE rather than having to take a Section 29 Appeal against the decision of the school board of management who has permanently expelled their child with special educational needs.

I believe that this new provision will be effective at ensuring that a new school place is made available quickly for any child with special educational needs who has been permanently expelled.

In the Education (Admission to Schools) Bill, I am also replacing Section 29 of the Education Act, 1998 and I am providing that the new Section 29 Appeal procedures will allow for greater flexibility in the timelines for hearing and determining appeals.