Kathleen Funchion (Carlow-Kilkenny, Sinn Fein)
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427. To ask the Minister for Education and Skills her plans to examine the current July provision programme to examine whether it is fit for purpose; and if she will make a statement on the matter. [37985/21]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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In May 2021 the Government announced a package of supports to allow primary and post primary schools to offer a summer programme for students with complex special educational needs and those at greatest risk of educational disadvantage, as a COVID-19 pandemic response measure for summer 2021.

The total funding available to provide summer programmes this year is up to €40 million, a one hundred per cent increase on the allocation for summer programmes in 2020.  The programme was developed following extensive engagement with education stakeholders, parent and disability advocacy groups.

The programme aims are to support pupils to maintain their connection with education, to build their confidence and increase their motivation, promote wellbeing and for those who are at key transition stages, help to ensure that they continue their education journey in September either in school or in further/higher education or training.

The programmes on offer this summer include a new 2-3 week summer programme available to all primary schools and an expansion of the existing programmes in special schools and classes and in DEIS schools.  

Similar to last year children with complex needs entering primary school next September are also eligible to participate in summer programmes.

A home-based programme continues to be available for pupils with complex needs where there is no school-based programme available for them. 

This range of programmes on offer builds on the success of the expanded programmes that ran last year and incorporates feedback from education stakeholders as to how to better support the programme for all involved in summer 2021.

Following extensive consultation with education stakeholders and advocacy groups representing families of children with disabilities, steps were taken to encourage more schools to participate including the following: the provision of paid planning and preparation time for schools, a reduction in the administrative burden for schools, arrangements to pay staff sooner, greater guidance and support for schools, greater flexibility in the timing of the programme. 

In line with policy advice received from the NCSE, a review of the July Provision programme was commenced in 2019. This review process was paused due to the impact of COVID, during which the summer education programme was significantly enhanced and expanded to take account of the effect of school closures.  The review of the programme will recommence at the earliest possible stage.

Róisín Shortall (Dublin North West, Social Democrats)
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428. To ask the Minister for Education and Skills the estimated cost in a full year if the Education for Persons with Special Educational Needs Act 2004 was fully commenced. [38031/21]

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 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.