Josepha Madigan (Dublin Rathdown, Fine Gael)
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The Government has approved the provision of significantly expanded summer education programmes for pupils with complex special educational needs and those at greatest risk of educational disadvantage, as a COVID-19 pandemic response measure for summer 2021.

This is an important Government decision, which ensures that for first time all primary and post primary schools have the opportunity to provide summer programmes for students with complex needs and those at risk of educational disadvantage.

The total funding available to provide the programme is up to €40 million, a one hundred per cent increase on the allocation for summer provision in 2020.

The programmes for mainstream students in primary and post-primary schools are new programmes for 2021, building upon previous summer programmes for pupils with complex special educational needs and those in provided in DEIS schools last year.

The following categories of students are considered as students with complex needs for the 2021

Summer programme

- All students in special schools and special classes in primary and post primary schools, including early intervention classes.

- Students in mainstream classes in primary and post primary schools who are accessing the highest level of the continuum of support (Student Support Plus/for a few). This includes students with Autism, Down syndrome, sensory impairments, and other disabilities who were identified for the supplementary programme earlier this year.

Children in the above categories entering primary school in September 2021 are also eligible for the programme.

My Department recognises that not all schools will be in a position to provide a school-based programme.

The programme is reliant on schools, teachers and Special Needs Assistants (SNAs) choosing to participate on a voluntary basis.

It is a matter for the Board of Management of the school having regard to the resources available whether or not it will participate in the programme.

A home-based summer programme is available for children with complex needs where their schools are not providing a school-based programme.

Under the home-based programme grant funding is made available so that parents/legal guardians can engage the services of a Teacher or an SNA to provide tuition or care support as appropriate in the child’s home. Parents are advised to contact the school for an application form if required.

The Department will approve a group arrangement between parents/legal guardians and private providers subject to compliance with the published terms and conditions for group arrangements and approved in advance by this Department. Such arrangements must be sourced and procured by parents/legal guardians

Further information on group terms and conditions is available at www.gov.ie/en/publication/62b3b-home-based-summer-programme-2021-terms-and-conditions-for-group-arrangements/

The closing date was 25 June. To date, a total 968 schools have registered their interest to provide a total of 1,346 programmes over the summer period. Of these, 175 schools in Dublin have expressed interest in running at least one programme.

It is not yet clear how many of these schools will be in a position to implement the summer programme. However, my Department will be happy to provide a list of participating schools, once this detail has been confirmed.

Based on the overall registered numbers, it is expected that a total of 34,000 students will benefit from school-based programmes in 2021. This would be an increase of 161 per cent on actual take up in 2020.

Violet-Anne Wynne (Clare, Sinn Fein)
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319. To ask the Minister for Education and Skills the number of schools that have signed up for the enhanced summer July provision programme for children with additional educational needs between the years 2017 to 2020 and to date in 2021, in tabular form. [36386/21]

Violet-Anne Wynne (Clare, Sinn Fein)
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320. To ask the Minister for Education and Skills the reason her Department did not announce the details of the July provision programme until mid-May impacting on the time for schools and parents' ability to resource the programme fully; and if she will make a statement on the matter. [36387/21]

Violet-Anne Wynne (Clare, Sinn Fein)
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321. To ask the Minister for Education and Skills the number of children that have accessed and attended July provision over the years 2016 to 2020, in tabular form. [36388/21]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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I propose to take Questions Nos. 319 to 321, inclusive, together.

It is acknowledged that the closure of schools for extended periods on two separate occasions, over the past two years, due to COVID restrictions, has meant that this has been a very difficult period for our young people and students.

These difficulties were often even more pronounced for students who have disabilities, or special educational needs, who often found it harder to fully participate with remote education.

It is for this reason that Government, confirmed that special education should be a priority as part of school reopening earlier this year with special schools and special classes being prioritised for the earliest stages of school reopening.

In addition to prioritising pupils with special educational needs to return to school, my Department has also provided for a range of measures to support such pupils while out of school. This included measures to support the provision of teaching support during the school closure period and a supplementary education scheme.

All schools reopened on 12 April. Priority was then given to planning for an expanded summer programme. There was extensive consultation with stakeholders with a particular focus on the barriers to school participation. Steps were taken to address issues identified including the provision of paid planning and preparation time, flexibility on the timing, reduced administrative burden, increased guidance and support and arrangements to pay teachers and SNAs earlier.

The arrangements for an expanded summer programme for 2021 were announced in May some weeks ahead of last year, with a budget of €40m. Under the 2021 programme, students with complex special educational needs and those at greatest risk of educational disadvantage will have access to an enhanced summer programme of education.

Participation by schools, teachers and SNAs is voluntary.

It is a matter for the Board of Management of the school having regard to the resources available whether or not it will participate in the programme

A home based strand is available for children with complex needs as in previous years. Support and information has been provided to help parents in securing a tutor.

July Provision/Summer Provision Statistics 2016-2020

*For 2020 the scheme became Summer Provision and was extended to a wider number of categories for eligibility as a response to the pandemic. The number of children participating with ASD or a severe/profound general learning difficulty are included in the overall total of eligible children.

# Eligibility for the scheme is based on category of disability and enrolment in a recognised school.

2021 summer scheme

An extended timeline for registration was also provided. Schools had until 25 June 2021 to register.

The registrations as of 25June are as follows:

Post primary (no of schemes proposed to be run)

A total of 124 post primary schools have registered

Primary (number of schemes proposed to be run)

A total of 844 primary schools (including special schools have registered as providing at least one scheme.

Totals

A total of 968 primary and post primary schools have registered.

Claim forms for the home-based strand are submitted at the end of the programme, with a closing date of 03 September 2021, so actual participation numbers will not be available until late October/early November.

Similarly, whereas the number of schools which have registered an intention to provide a summer programme in 2021, is as set out above, the total number of schools which actually provide the programme in 2021 will not be confirmed until later in the year.

Violet-Anne Wynne (Clare, Sinn Fein)
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322. To ask the Minister for Education and Skills the status of the proposal of a review of the Education for Persons with Special Educational Needs Act 2004; if this will be a full legislative review; if it will update all of the provisions within the Act to better reflect the contemporary understanding of disability and best practice for inclusive education as outlined in the UNCRPD; and if the review will investigate the roadblocks to full enactment. [36389/21]

Violet-Anne Wynne (Clare, Sinn Fein)
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323. To ask the Minister for Education and Skills if she will consider establishing a working roadmap to fully amend and implement the Education for Persons with Special Educational Needs Act 2004 which will include appropriate resourcing and costings; and if she will make a statement on the matter. [36390/21]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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I propose to take Questions Nos. 322 and 323 together.

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 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.

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.

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.

Kathleen Funchion (Carlow-Kilkenny, Sinn Fein)
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325. To ask the Minister for Education and Skills the reason the July provision has been withdrawn from a school (details supplied); and if she will make a statement on the matter. [36400/21]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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The Government has approved the provision of significantly expanded summer education programmes for pupils with complex special educational needs and those at greatest risk of educational disadvantage, as a COVID-19 pandemic response measure for summer 2021.

This is an important Government decision, which ensures that for first time all primary and post primary schools have the opportunity to provide summer programmes for students with complex needs and those at risk of educational disadvantage.

The total funding available to provide the programme is up to €40 million, a one hundred per cent increase on the allocation for summer provision in 2020.

The programmes for mainstream students in primary and post-primary schools are new programmes for 2021, building upon previous summer programmes for pupils with complex special educational needs and those in provided in DEIS schools last year.

The following categories of students are considered as students with complex needs for the 2021

Summer programme

- All students in special schools and special classes in primary and post primary schools, including early intervention classes.

- Students in mainstream classes in primary and post primary schools who are accessing the highest level of the continuum of support (Student Support Plus/for a few). This includes students with Autism, Down syndrome, sensory impairments, and other disabilities who were identified for the supplementary programme earlier this year.

Children in the above categories entering primary school in September 2021 are also eligible for the programme.

My Department recognises that not all schools will be in a position to provide a school-based programme.

The programme is reliant on schools, teachers and Special Needs Assistants (SNAs) choosing to participate on a voluntary basis.

It is a matter for the Board of Management of the school having regard to the resources available whether or not it will participate in the programme.

This Department has no record of this school registering for the school based summer scheme.

A home-based summer programme is available for children with complex needs where their schools are not providing a school-based programme.

Under the home-based programme grant funding is made available so that parents/legal guardians can engage the services of a Teacher or an SNA to provide tuition or care support as appropriate in the child’s home. Parents are advised to contact the school for an application form if required.

The Department will approve a group arrangement between parents/legal guardians and private providers subject to compliance with the published terms and conditions for group arrangements and approved in advance by this Department. Such arrangements must be sourced and procured by parents/legal guardians

Further information on group terms and conditions is available at www.gov.ie/en/publication/62b3b-home-based-summer-programme-2021-terms-and-conditions-for-group-arrangements/