Written answers

Tuesday, 27 July 2021

Department of Education and Skills

School Admissions

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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950. To ask the Minister for Education and Skills when she plans to hold the three-year review of the need for schools to open special education classes under the Education (Admission to Schools) Act 2018. [39486/21]

Photo of Josepha MadiganJosepha Madigan (Dublin Rathdown, Fine Gael)
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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

In accordance with section 37A(21)(a) of the Education Act 1998 a review of the operation of section 37A of the 1998 Act Is scheduled to be initiated towards the end of this year and plans are being advanced in this regard.

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