Seán Sherlock (Cork East, Labour)
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120. To ask the Minister for Education and Skills if she has had regard to concerns raised by the Ombudsman for Children in the area of special needs resources. [28976/20]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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I wish to advise the Deputy that the Minister for Education and Skills recently met with the Ombudsman for Children on 17th September, 2020. This is one feature of my Department's ongoing engagement with the Ombudsman.

A range of issues in relation to the education of children were discussed at this meeting. The particular issues which were raised in relation to the provision of education for children with special educational needs included:

The school transport scheme for children with special needs; reduced timetables or reduced school days; the provision of guidance for schools on the seclusion and restraint of children with behavioural concerns; the pilot of a scheme to provide Therapy services for children in schools; and the provision of special school and special class places.

My Department will continue to engage with the Office of the Ombudsman for Children regarding these and any other matters which may arise in the future.

Seán Sherlock (Cork East, Labour)
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121. To ask the Minister for Education and Skills if she has had regard to concerns raised by the Ombudsman for Children in the area the option for children to opt out of religious teaching. [28977/20]

Norma Foley (Kerry, Fianna Fail)
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My Department has had previous communication with the office of the Children’s Ombudsman in respect of concerns in relation to opting out of religious instruction in schools.

My Department confirmed to the Ombudsman, that under Article 44 of the Constitution and Section 30 of the Education Act, 1998, parents have a right to have their children opt out of religious instruction or religious education classes if they so wish. It is expected that this right will be upheld by schools on foot of a parental request.

Under the provisions of the Education (Admission to Schools) Act 2018, all schools are required to have drafted new admissions policies, for Patron approval before the 15 September 2020, and publication by the end of September 2020. The act requires where schools provide religious instruction that they clearly set out in their admission policies the school’s arrangements for students, where the parent or in the case of a student who has reached the age of 18 years, the student, has requested that the student attend the school without attending religious instruction in the school.

The manner in which any school ensures that the right to opt out of religion classes is upheld is a matter for the school concerned. Each individual school must determine the particular arrangements which are most appropriate in its individual circumstances having regard to local issues such as available space, supervision requirements and how the school concerned organises classes etc.

The right of parents to have their child opt out of religion instruction and worship applies in all schools regardless of the denomination or ethos of the school concerned.

Seán Sherlock (Cork East, Labour)
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122. To ask the Minister for Education and Skills if she has had regard to concerns raised by the Ombudsman for Children in the area of the Ombudsman being able to investigate complaints in a school. [28978/20]

Norma Foley (Kerry, Fianna Fail)
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The Education (Student and Parent Charter) Bill 2019 reflects the commitment contained in the Programme for a Partnership Government to introduce a stronger complaints procedures and charter for parents.

It is important to note that the overall approach in the Bill is to shift away from reacting to problems in schools after they arise, to an approach which aims to improve the day-to-day experience students and their parents can expect from schools. In doing so, it is envisaged that the amount of grievances in schools should reduce.

A particularly important aspect of the Bill is that where a concern is brought to the attention of a school, the school should address and resolve that concern as far as possible, at an early stage, and this approach will further help reduce the need for recourse to any formal processes.

However, the Bill does recognise that formal complaints will still arise and it provides for the Charter guidelines to put in place new standardised complaints procedures that will have to be followed by all schools.

The complaints procedures will be developed in consultation with the stakeholders including parent and student representatives which will help ensure that they are straightforward, fair and accessible to parents and students.

I am aware of the concerns raised by the Ombudsman for Children with regard to the investigation of complaints and will continue to engage with his office in relation to the Bill in this regard.

The Bill will not alter the existing right of parents, who have exhausted the schools complaints procedures, to make a complaint to the Office of the Ombudsman for Children.