Réada Cronin (Kildare North, Sinn Fein)
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315. To ask the Minister for Education and Skills the number of children with special educational needs in the State; the number of special needs schools; the number of such children currently on reduced timetables; the number of such children currently on suspension; the number of such children suspended in each of the past three years; the length of such suspension in practice; the number of such children currently expelled and in each of the past three years; the number of such children who are not in school on a school premises; the number in each of the past three years; the number of such children who have gone through section 29 in 2021 and in each of the past three years; the number of judicial reviews regarding suspension and expulsion of such children in 2021 and for each of the past three years; and if she will make a statement on the matter. [34234/21]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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I wish to advise the Deputy that my Department continues to prioritise investment in special education, with over €2 Billion due to be spent on special education this year.

For the coming school year there will be over 13,600 Special Education Teachers allocated to mainstream schools, who will support class teachers to address the special educational needs and learning needs of pupils who attend mainstream schools.

This year we are also providing for two new special schools and 269 new special classes.

For the 2021/22 school year, we will have a total of 2118 special classes, which is the largest number of special classes that we have ever had, and compares to 548 classes available in 2011.

18,000 Special Needs Assistants will also be available to support the care needs of pupils with special educational needs in our schools.

For the 2019/20 school year, 10,328 pupils attended special classes, which represents just over 1% of the total pupil population.

There are also 124 special schools which provide specialist educational services for pupils who have the most severe or complex levels of disabilities, or special educational needs.

For the 2019/20 school year, 8,224 pupils attended special schools, representing less than 1% of the total pupil population.

The remainder of pupils who have some form of additional learning needs or special educational needs attend mainstream schools.

In relation to the use of reduced time tables, it is the policy of my Department that all children, including children with special educational needs should attend school for the full school day.

Only in very limited circumstances, for example, where children are recovering from illness, and are required to be reintegrated into school, should reduced timetables be considered. In such circumstances, this should be part of a transition or reintegration intervention, based on the needs of individual students.

Where a reduced timetable is used, it should be applied proportionately, should have signed parental/guardian consent and should last only as long as is necessary to facilitate a return to school on a full-time basis.

The Department has consulted with education stakeholders to consider the timing of the introduction of guidelines on reduced timetables in the context of Covid 19 and the current operating environment for schools. There were concerns about issuing guidelines in the current Covid context where the safe and sustainable reopening of schools remains the overriding priority for all stakeholders.

It is my Department’s intention to issue Guidelines to schools on the use of reduced timetables for the next school year.

It is intended that the guidelines will include measures by which schools will be required to report on the use of reduced timetables.

Until such time as this reporting mechanism is in place, data is not available as to the number of pupils who are currently on reduced timetables.

In relation to the number of appeals taken under Section 29 of the Education Act against suspension or refusal to enrol pupils with special educational needs, Section 7 of the Education (Admissions to Schools) Act 2018 came into operation on the 12 November 2020 and provided for the replacement of the existing Section 29 of the Education Act 1998 with a series of new sections numbered 29 to 29F.

These new appeal provisions in sections 29 to 29F are designed to work alongside the wider admissions framework in the 2018 Act. In accordance with section 29B of the Education Act, 1998, the Minister also developed procedures for appeals which apply to all appeals submitted from 12 November 2020 onwards.

Since the commencement of the new arrangements for appeals on the 12 November 2020 to date, a total of 95 appeals have been taken under section 29 of the Education Act 2018 where the applicant has indicated that the child has special educational needs. This represents 29% of all appeals in the same period.

Prior to 12 November only data in relation to total numbers of appeals per appeal type was recorded and therefore the Department cannot provide data in relation to the numbers of appeals which related to children with special educational needs for previous years.

Section 29 of the Education Act 2018 allows for appeals against the decision of a Board of Management of a school to suspend or permanently exclude a student. The decision of the independent appeals committee in such appeals may only be challenged by way of a Judicial Review. It is open to either party to an appeal to seek a Judicial Review.

My Department has recorded the following number of Judicial Reviews of section 29 appeal decisions in suspension and expulsion cases involving children with special educational needs in the last 3 years and to date in 2021:

2021 - 1 expulsion case

2020 – 2 expulsion cases

2019 - 3 expulsion cases and 1 suspension case

2018 – 0 cases

In relation to the number of pupils with special educational needs who may be currently on suspension, expulsion, or out of school, and for whom Section 29 cases may not have been brought forward, I wish to advise the Deputy that in accordance with the Education (Welfare) Act, 2000 schools are obliged to report on school attendance, and data on non-attendance in primary and post-primary schools at the aggregated level are collected by Tusla through the Annual Attendance Report (AAR) and, also at the student level through the Student Attendance Report (SAR).

This latest report published presents data for the academic year 2017/18 and is available on Tusla’s website at www.tusla.ie/uploads/content/Analysis_of_School_Attendance_Data_in_Primary_and_Post-Primary_Schools_2017-2018.pdf.

As the information requested is collected and recorded by Tusla, I have referred this part of the question to that agency, for their attention and direct reply to the Deputy.

Finally, in respect of children with special educational needs who may not be suspended or expelled, but who may be without a school placement, I can advise that ensuring that every child has a suitable school placement is a key objective of my Department. Significant resources are allocated each year to ensure that appropriate supports are available for children with special educational needs.

It is the policy of my Department that all children with Special Educational Needs can have access to an education appropriate to their needs, preferably in school settings through the primary and post primary school network.

Such placements facilitate access to individualised education programmes which may draw from a range of appropriate educational interventions, delivered by fully qualified professional teachers, with the support of Special Needs Assistants and the appropriate school curriculum.

My Department’s policy focuses on ensuring that all students with special educational needs can have access to an education appropriate to meeting their needs and abilities.

The National Council for Special Education (NCSE) is responsible, through its network of Special Needs Organisers (SENOs), for the development and delivery and co-ordination of education services to children with Special Educational Needs, including the establishment of special class and special school placements.

In circumstances, where the NCSE confirms that no placement is available for a child with special educational needs, my Department can provide Home Tuition grant funding towards the provision of 20 hours home tuition per week as an interim measure until the NCSE confirms that a placement is available.

It is important to note that Home tuition funding is not an alternative to a school placement, by its nature it is intended to be a short term intervention.

For this reason home tuition will not be available where a school placement has been identified by the NCSE.

Similarly, failure to enrol a child in school will not give rise to eligibility under this scheme.

I have no plans to change this approach.

Where the NCSE have identified an available school placement for a child, the local SENO will continue to be available to engage with the family and the school concerned to ensure that the child's needs are addressed.

The total number of children with special educational needs who are being supported by the Home Tuition scheme on the grounds that they do not currently have a school placement, or an early intervention class placement, is 732.

Chris Andrews (Dublin Bay South, Sinn Fein)
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316. To ask the Minister for Education and Skills if she will intervene in the case of a school (details supplied) that has refused to open an ASD class in September 2021, despite having the resources and capacity to do so; and if the school will be compelled to open an ASD class for September 2021. [34235/21]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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The National Council for Special Education (NCSE) has responsibility for coordinating and advising on the education provision for children nationwide.

NCSE is planning a further expansion of special class and special school places nationally, to meet identified need. This process is ongoing. Through better planning at both national and local level, it is my objective that specialist education places should come on stream to meet emerging demand on a timely basis.

Planning for future needs takes into consideration the current availability of such places and focuses on those locations where additional provision is required. However, the active collaboration of school communities is essential in this regard.

It is open to any school to make an application to the NCSE for the establishment of a specialised provision and where sanctioned, a range of supports, including capital funding, is made available to the school.

I can assure the Deputy that my Department will continue to prioritise investment in special education.

I understand that the NCSE is currently engaged with the school referred to by the Deputy regarding this matter. I have therefore arranged for your correspondence to be forwarded to the NCSE for direct reply.

The local Special Educational Needs Organisers (SENOs) remain available to assist and advise parents of children with special educational needs. Parents may contact SENOs directly using the contact details available at: ncse.ie/regional-services-contact-list.

Paul McAuliffe (Dublin North West, Fianna Fail)
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317. To ask the Minister for Education and Skills her plans to increase the number of special school places in Dublin 9 in which no places currently exist; and if she will make a statement on the matter. [34238/21]

Paul McAuliffe (Dublin North West, Fianna Fail)
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318. To ask the Minister for Education and Skills her plans to increase the number of special school places in Dublin 11; and if she will make a statement on the matter. [34239/21]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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I propose to take Questions Nos. 317 and 318 together.

It is my belief that children with special educational needs should receive their education in placements which are appropriate to their needs alongside their peers wherever possible unless such an approach would be inconsistent with the best interests of the individual child or other children in the school.

This approach is consistent with the provisions of the Education for Persons with Special Educational Needs (EPSEN) Act 2004.

My Department's policy is therefore to provide for the inclusive education of children with special educational needs in mainstream schools. The majority of children with special needs attend mainstream education with additional supports.

This policy is supported by significant investment by Government, €2bn or just under 25% of the total education spend. This funds the provision of additional teachers, special needs assistants and other supports required to enable children with special needs to access education.

Only where it has been assessed that the child is unable to be supported in mainstream education, are special class placements or special school placements recommended and provided for.

It is therefore not the case that special educational placements are required to support all children with special educational needs, nor is it intended that this should be the case.

The National Council for Special Education (NCSE) has responsibility for coordinating and advising on the education provision for children nationwide. It has well established structures in place for engaging with schools and parents. NCSE seeks to ensure that schools in an area can, between them, cater for all children who have been identified as needing special education placements.

My Department will continue to provide for a continuum of provision, which includes special class and special school places for children who have been assessed as needing such placements.

Through better planning at both national and local level, it is my objective that specialist education places should come on stream to meet emerging demand on a timely basis. However, the active collaboration of school communities is essential in this regard.

Through ongoing consultation at local level, the NCSE is also aware of those parents whose children have been seeking placement for the 2021/22 academic year, including mainstream placement with appropriate support, special class placement, Early Intervention and special school placement throughout the country including the areas in question. The NCSE continues to work to identify any and all relevant suitable placements.

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

Parents may contact SENOs directly using the contact details available at: ncse.ie/regional-servic.

Johnny Mythen (Wexford, Sinn Fein)
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319. To ask the Minister for Education and Skills the schools that received an increase in SNA exceptional review allocations; the number of additional SNAs provided in 2021; and the number of exceptional review allocations applications from each school. [34241/21]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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The provision of education for children with special needs is an ongoing priority for Government.

The numbers of special classes, special education teachers and Special Needs Assistants are at unprecedented levels.

My Department will spend approximately €2 Billion, or over 20% of its total educational budget on making additional provision for children with special educational needs in 2021.

This represents an increase of over 50% in total expenditure since 2011, at which point €1.247 Billion per annum was provided.

Following Budget 2021, it is expected that a total of 18,000 Special Needs Assistant (SNA) posts will have been allocated to primary, post primary and special schools by the end of this year..

This will represent an increase of increase of 70% in the number of SNAs provided since 2011 at which point 10,575 SNAs were available.

The NCSE has responsibility for planning and coordinating school supports for children with special educational needs including the allocation of SNAs and reviews. The Department does not have a role in making individual school determinations. Accordingly your question has been forwarded to the NCSE for direct reply.

The NCSE publish statistics on SNA allocations to primary, post primary and special schools in tabular form, by county, for each school year, this information is available on their website, www.ncse.ie.

The NCSE manages the exceptional review process and handles each case individually. Some review requests can be concluded as an office based exercise, whilst others require a school to be visited. The timeframe for concluding a review can vary depending on the school context or the nature of the information provided.

In relation to applications for an exceptional review of the SNA allocation for the 2021/22 school year, schools with no SNAs and developing schools are being prioritised and determinations made before 30 June 2021. Other applications will be processed in order of date received. Schools are advised in writing once the outcome of reviews are known.

The NCSE have confirmed that 1,488 applications for exceptional reviews were received from schools during the 2020/21 school year. Of these applications, 772 schools have received an increase amounting to 539.39 additional SNA posts.