Aodhán Ó Ríordáin (Dublin Bay North, Labour)
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406. To ask the Minister for Education and Skills if her Department has prepared cost estimates for the implementation of the Education for Persons with Special Educational Needs Act 2004; if a breakdown by section (details supplied) of the cost of implementation of the Act as outlined in the 2006 implementation report schedule of actions will be provided; the cost of commencement or progress on complete commencement as outlined in the 2006 report; and if she will make a statement on the matter. [9481/21]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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I wish to advise the Deputy that a number of sections of the Education for Persons with Special Needs (EPSEN) Act 2004 have been commenced. The commenced provisions include those establishing the National Council for Special Education (NCSE) and those providing for an inclusive approach to the education of children with special educational needs.

The following sections of the EPSEN Act were commenced in 2005.

Section 1 – Interpretation

Section 2 - providing for the inclusive education of children with Special Educational Needs

Section 14 – placing certain duties on schools

Sections 19 to 37 - placing the Council on a statutory footing.

Section 39 - placing certain duties on Health Boards

Sections 40 to 53 - amending the Education Act

Schedule 1 – providing for meetings and membership of the Council

Schedule 2 providing for the Chief Executive Officer of the Council.

The remaining sections of the Act have yet to be commenced. The Sections of the EPSEN Act which have not been implemented are those which would have conferred a statutory entitlement to –

- an educational assessment for all children with special educational needs.

- consequent development of a statutory individual educational plan (IEP).

- the delivery of detailed educational services on foot of this plan.

- an independent appeals process.

The NCSE estimated, in its Plan for the Implementation of the EPSEN Act Report, which was published in 2006, that additional investment over a period of years of up to €235m per annum, across the education and health sectors, would be required to fully implement the EPSEN Act.

The view of my Department, at the time, was that the level of investment required could be significantly greater than that envisaged in the NCSE report. Legal advice also indicated that the EPSEN Act, as it is currently constituted, may not be implemented on a phased, or age cohort, basis.

Revised estimates of the amount of additional expenditure required to fully implement the remaining sections of the EPSEN Act, including the individual sections of the Act referred to by the Deputy, have not recently been conducted. The estimated level of additional expenditure required, to implement the outstanding sections of the Act, would have to take into account annual demographic growth and service developments in the area of special educational needs, pricing adjustments and salary cost differentials on an ongoing basis. Estimates would also have to be made as to the number of pupils who may now currently qualify for the statutory service provisions envisaged by the EPSEN Act.

The Government is committed to helping every child, particularly those with special educational needs, to fulfil their potential.

In 2021 the Department of Education and Skills will invest approximately €2 Billion in the area of special educational needs support - 1/5 of the Department's budget and up over 42% since 2011.

The Government has committed to consulting with stakeholders on how best to progress aspects of the EPSEN Act on a non-statutory basis.

A range of consultations with Education Partners and Stakeholders took place in relation to the development of a new model for allocating special education teachers over the course of 2017. The new model was introduced for all schools from September 2017.

Further consultations took place with education partners and stakeholders in the context of the undertaking of a comprehensive review of the SNA scheme and will continue in relation to the implementation of recommendations contained in this report.

Additional powers have also been provided to the National Council for Special Educational to designate a school place for a person with special educational needs, which is now provided for in the Education (Admission to Schools) Act 2018.

While awaiting the full implementation of the EPSEN Act, the NCSE has also published a number of policy advice papers which make recommendations aimed at developing a better or more effective alternative to the current resource allocation model, and which aims to move the system towards ultimate implementation of the EPSEN Act.

It should also be noted, however, that since EPSEN was enacted, the Department’s policy on supporting children with special educational needs has changed and evolved on foot of evidence based policy advice from the NCSE which takes account of international perspectives.

Significantly, the focus of special needs education provision has changed from a model that is diagnosis led to one which is driven by the needs of the child. This is a substantially different view to the one underlying the EPSEN Act. The levels of investment by Government in special education has increased to facilitate the underlying reforms required to implement and embed the needs based approach.

This Government will continue to prioritise investment in the area of special education support. Ongoing investment and reform will continue to see improvements made in this area.

I have also indicated that one of my priorities as Minister for Special Education and Inclusion is:

Updating our Laws: Reviewing and updating the Education for Persons with Special Educational Needs (EPSEN) Act.

Any review of the Act will take into account the extent of additional investment which has been made in special educational services since 2004, with some €2 Billion per year now being spent of special educational supports.

It will also take into account the range of reforms which have taken place in recent years including the development of new allocation models which are not based primarily on a response to assessment as policy advice has indicated that requirement of diagnosis can create a risk of children being diagnosed as having a special educational need for resource allocation purposes, rather than for health reasons. Also, that as there is a spectrum of ability and disability within every special education disability category, account must be taken of need, as well as diagnosis.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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407. To ask the Minister for Education and Skills if a July provision in-school style programme will be run during the Easter holidays for children with special educational needs in autism spectrum disorder, ASD, classrooms; and if she will make a statement on the matter. [9483/21]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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My Department is conscious of the fact that closing schools has hugely adverse consequences at individual, family and societal level and that the effect on children with special educational needs can be even greater. I am particularly conscious of the impact that school closures have on children with special needs.

I am particularity conscious of the impact school closures have on children with special educational needs.

Building on the return to school in recent weeks of children in special schools and in special classes at primary and post-primary level, the Government has decided on a phased return of students to in-school education.

These further phases have been developed in close collaboration with education stakeholders and follow ongoing engagement with the Department of Health and Public Health, HSE.

The Department of Health and the HSE have reaffirmed that schools in themselves are low risk environments and that a gradual phased reopening can occur at this time. Public health has reviewed the measures put in place to ensure safe operation of schools and is satisfied that these infection prevention and control measures, if rigorously adhered to, will keep the school community safe during this period. They emphasise that all measures must be followed carefully by students, staff and parents.

There will be a period of time between each phase to assess the impact of reopening on aspects of community transmission.

The phased return of students to in-school education and the associated target dates are as follows

- Monday 1 March- the first four class groups at primary level – junior and senior infants, first and second class – and final year Leaving Certificate students will return to in-school provision. This phase will also see a return to full attendance for children in special schools, as well as children in early start pre-school classes and early intervention special classes for children with autism or hearing impairment.

- Monday 15 March- the return to in-school provision of the rest of primary school children – third to sixth class, and fifth year Leaving Certificate students. This date will be reviewed during the period following 1 March.

- Monday 12 April - the return to in-school education of the rest of post-primary students following the Easter – i.e. first to fourth year students.

My Department is anxious to further support those pupils/students with SEN who are unable to return to in-school teaching and learning under these phases.

At Primary level in recognition that not all primary pupils with special education needs will be back in school in this phase

- Schools have been asked to prioritise deployment of their SET resources to facilitate the engagement of those pupils with SEN who are in 3rd to 6th class. This will necessitate further collaboration between the SETs and class teachers to establish current priority learning needs among those pupils.

- The supplementary programme for eligible pupils who are in 3rd to 6th class will be extended by a further two weeks

At Post Primary level in recognition that not all students with special education needs will be back in school in this phase

- The supplementary programme for eligible students who have not yet returned to school will be extended by a further two weeks.

The supplementary programme is intended to supplement the teaching and learning provided by the student’s school and alleviate the impact of this period of school closure through the provision of 5 hours per week in-person teaching or care support to be delivered in homes.

The programme must be delivered outside of the normal school day (i.e. evenings and weekends), so that the student can continue to engage as fully as possible with the teaching and learning provided by their school.

Any unused hours can be delivered to families at any time before 30 April 2021, including during the Easter holidays.

My Department has been contacted by schools and families who wish to access the supplementary programme in school settings. My Department is willing to engage with the education stakeholders, particularly the school management bodies on the logistical issues which may need to be considered in the running of this programme in school premises, particularly as this programme is intended to happen outside of school hours such as evenings and weekends.

I know that a phased re-opening is particularly challenging for many children with special educational needs who have not yet returned to school and their families.

The purpose of managing this cautious phased return is to continue to limit the mobility of the population and curb the spread of the virus.

The safe return and sustained safe re-opening of our schools is a key priority for Government.