Paul McAuliffe (Dublin North West, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

498. To ask the Minister for Education and Skills her plans to change the process for the implementation of section 37A of the Education Act 1998 as inserted by section 8 of the Education (Admission to Schools) Act 2018; the factors that are taken into account in the decision making process; and if she will make a statement on the matter. [26202/21]

Josepha Madigan (Dublin Rathdown, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As Minister, I have powers under Section 37A of the Education Act to direct a school to provide additional places but this power is only used as a last resort and where all reasonable efforts have failed.

This legal power to compel schools to provide additional places is only used where the following criteria apply:

- there is established need for additional places in an area

- it is considered that the schools involved in the Section 37 process have capacity to provide additional places and

- all reasonable efforts have been made to support these schools in making the required provision.

The legislation has been used twice to date.  Firstly, in respect of the Dublin 15 area in 2019. Significant progress has been made in that area on foot of action taken under Section 37.  A new special school was established and six schools agreed to open special classes thereby meeting the need for additional places in the area.

The legislation has been used for a second time in the South Dublin area in 2020. This legal process is still underway and it would not be appropriate for me to comment further at this stage.  

However, I would like to reassure the Deputy that progress is being made and my Department will continue to support the NCSE and schools through the provision of the necessary funding and capital investment to ensure all children are successful in accessing an education. 

I can also reassure the Deputy that the local Special Education Needs Organisers (SENOs) continue to be available to assist and advise parents of children with special educational needs.