Written answers

Tuesday, 30 November 2021

Department of Education and Skills

Special Educational Needs

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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317. To ask the Minister for Education and Skills the estimated cost attached to banked special educational hours in the 2020-2021 academic year. [58402/21]

Photo of Josepha MadiganJosepha Madigan (Dublin Rathdown, Fine Gael)
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I wish to advise the Deputy that there is no facility to carryover hours from one school year to the next. Hours accumulated in any given school year must be utilised in the same school year.

Where hours were accumulated due to a school receiving a backdated increase to their Special Education Teaching hours, or due to a Special Education Teacher being used to cover substitution, as an emergency measure, schools were advised that any loss of special education teaching time should be made up at the first available opportunity by employing additional teaching resources to make up for the shortfall.

DES Circular 0013/2017 for primary schools and 0014/2017 for post primary schools set out the details of the model for allocating special education teachers to schools. DES Circulars 007 and 008 of 2019 set out how the allocations for schools are being updated from September 2019.

The Special Education Teacher allocation process provides a single unified allocation for special educational support teaching needs to each school, based on each school’s educational profile.

Under the allocation model, schools are provided with a total allocation for special education needs support based on their school profile.

The provision of a profiled allocation is designed to give a fairer allocation for each school which recognises that all schools need an allocation for special needs support, but which provides a graduated allocation which takes into account the actual level of need in each school.

Under the allocation model schools are frontloaded with resources, based on each school’s profile, to provide supports immediately to those pupils who need it without delay. This reduces the administrative burden on schools as schools no longer have to complete an application process annually and apply for newly enrolled pupils who require resource hours. Children who need support can have that support provided immediately rather than having to wait for a diagnosis.

In order to minimise disruption for schools, in the current circumstances, and to provide for continuity of allocations, the Minister for Education and the Minister for Special Education and Inclusion have agreed to maintain the existing Special Education Teacher Allocations for schools for the 2021/22 school year, with re profiled allocations now due to be made from September 2022.

Additional allocations will continue to be made for new schools, schools which achieve developing status, or for exceptional circumstances arising in schools, in the interim.

The criteria for qualification for mainstream school developing school posts are set out in the Primary and Post Primary School Staffing Schedule for the 2021/22 school year.

Schools who qualify for additional mainstream developing school posts in accordance with these criteria also qualify for additional Special Education Teaching Allocations to take account of this developing status.

It is also acknowledged that there are some circumstances, which may arise in schools, which fall outside the allocations for developing school status.

These relate to exceptional or emergency circumstances which could not have been anticipated e.g. where the school profile changes very significantly, or where other exceptional circumstances have arisen in a school and which may require a review of schools capacity to provide additional teaching support for all pupils who need it in the school, or of their utilisation of their allocations.

A process is available where schools can seek a review of their allocations by the National Council for Special Education (NCSE), including the utilisation of their allocations, in circumstances where a school considers that very exceptional circumstances have arisen subsequent to the development of the profile.

If a school wishes to make an exceptional needs review, they may do so at the following link: ncse.ie/wp-content/uploads/2021/02/Primary-Schools-Review-Application-2020.doc.

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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318. To ask the Minister for Education and Skills if she will review the minimum essential qualification for special needs assistants, SNAs; and if she will make a statement on the matter. [58439/21]

Photo of Josepha MadiganJosepha Madigan (Dublin Rathdown, Fine Gael)
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Special Needs Assistants (SNAs) play a huge role in helping to ensure the inclusion of pupils with significant care needs in education and in school life. This was acknowledged in the Comprehensive Review of the Special Needs Assistant Scheme (SNAs) published by the National Council for Special Education (NCSE) in 2018.

The Review made a number of recommendations regarding SNAs including referencing the training needs of SNAs. In this regard, the NCSE recommended that a new national training programme at Level 5 of the National Qualification Framework be developed for existing SNAs who do not have the requisite level of training and for new SNAs on appointment. The NCSE also recommended that training tailored to the specific complex needs of some students being cared for by SNAs would also be provided.

The policy advice has been considered by the Department. It was decided that priority should be given to the development of a training programme for SNAs who may not have had a recent opportunity to access a training programme tailored to their role. The new first national training course for SNAs provided by UCD aims to enhance the knowledge, skills and expertise of SNAs whose work is central to the inclusion of students with additional care and complex needs in school life. The programme is fully funded by the Department and delivered at no cost to the SNA.

This is the first national training programme for SNAs employed in schools and is tailored to their needs. As this is the first programme, it is appropriate to take the time to review outcomes which will inform the future approach to ongoing training and professional development of SNAs. Part of that consideration will include accreditation.

Raising the minimum qualification for appointment as a special needs assistant has been referred to the Workplace Relations Commission and the Department has been engaging in that process.

The recruitment and appointment of Special Needs Assistants is a matter for the individual school authority and the Department's circular 36/2020 and 51/2019 sets out the current educational requirements for appointment as a Special Needs Assistant (SNA). In addition, the actual requirements for a post will vary depending on the specific needs of the children and the school to which the SNA is to be appointed. The Department does not believe that the existing minimum qualifications has impacted on the calibre of person appointed and it is also the case that people with experience and/or higher qualifications than the minimum are often the successful candidate in competitions held by schools.

However, having considered the claim and, in particular, the period of time since they were set, the Department is open to reviewing the position. However, the Department is not yet in a position to indicate when that review might take place but is of the view that the forthcoming review of the SNA contract proposed as part of the Building Momentum national pay agreement should be carried out and implemented first.

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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319. To ask the Minister for Education and Skills if the 72-hour obligation and June working will be abolished in relation to special needs assistants, SNAs; and if she will make a statement on the matter. [58440/21]

Photo of Norma FoleyNorma Foley (Kerry, Fianna Fail)
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SNAs carry out a very significant role in supporting pupils with a broad variety of care needs, and I am extremely appreciative of this work.

The 72 hours working requirement of SNA’s has been in place since 2005, forming part of the SNA contract of employment, as agreed with unions. Under the terms of the standard employment contract agreed in 2005, SNAs were required to be available for a number of days at the start and finish of each school term, not exceeding 12 in total. Under the Croke Park Agreement, it was agreed to convert that requirement to one of 72 hours (pro-rata for part-time SNAs), for use by schools as an additional bank of hours to be utilised and delivered outside of normal school opening hours and/or the normal school year. These arrangements were notified to schools in 2011, in Department Circular 0071/2011. The duties listed in that Circular form part of the normal range of SNA duties, and are therefore liable to be performed at any time during normal working hours, including during the 72 hours. The agreed uses of the 72 hours include:

- SEN pupil-centred activity - such as assistance with care planning;

- Learning resource administration – such as preparing class rooms and materials;

- Class and school planning and development;

- Assistance with special exam centres for the State exams; and

- Training

The description of these hours in some commentary as ‘unpaid’ is erroneous: remuneration for the 12 days or 72 hours is included as part of the normal salary paid to an SNA under the terms of the 2005 agreed contract.

An important reminder of the requirement to effectively manage, communicate and record this element of the SNA contract issued from my Department in November 2020, to ensure that schools effectively plan for the optimum use of this time to support the care needs of pupils. The 72 hours allow for very important support work to be carried out without reducing the SNA’s time with the pupil(s) in need of their care. Accordingly, the suspension of the requirement to complete the 72 hours would have a direct, negative impact on pupils with special educational needs as it would impede on normal class time.

Fórsa, the trade union which represents SNAs, has formally sought abolition of the 72 hours contractual requirement through industrial relations channels. I understand that the claim is currently paused so that a review of the SNA contract, proposed as part of the Building Momentum national pay agreement, can be carried out and implemented first. As the 72 hour requirement is an integral part of the current SNA contract, the review process may address the concerns that Fórsa have in relation to that aspect of the contract. If those concerns are not addressed through the review process, my Department remains open to progressing the matter through the normal industrial relations channels.

Photo of Cormac DevlinCormac Devlin (Dún Laoghaire, Fianna Fail)
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320. To ask the Minister for Education and Skills the status of the National Council for Special Education review in relation to special needs assistants; and when it is likely to be completed; and if she will make a statement on the matter. [58457/21]

Photo of Josepha MadiganJosepha Madigan (Dublin Rathdown, Fine Gael)
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The NCSE has responsibility for planning and coordinating school supports for children with special educational needs including the allocation of SNAs and reviews.

The Special Needs Assistant (SNA) scheme is designed to provide schools with additional adult support staff who can assist children with special educational needs who also have additional and significant care needs. Such support is provided in order to facilitate the attendance of those pupils at school and also to minimise disruption to class or teaching time for the pupils concerned, or for their peers, and with a view to developing their independent living skills.

SNAs are not allocated to individual children but to schools as a school based resource. The deployment of SNAs within schools is a matter for the individual Principal/Board of Management of the school. SNAs should be deployed by the school in a manner which best meets the care support requirements of the children enrolled in the school for whom SNA support has been allocated.

It is a matter for schools to allocate support as required, and on the basis of individual need, which allows schools flexibility in how the SNA support is utilised.

In light of the disruption caused by the Covid-19 pandemic, the introduction of the new Frontloaded Allocation Model for SNAs for students in mainstream classes in primary and post -primary schools is to be deferred for a further year to the beginning of the 2022/23 school year.

In order to minimise disruption for schools, in the current circumstances, and to provide for continuity of allocations the following arrangements for the allocation of Special Needs Assistants for mainstream classes for the 2021/22 school year:

- Existing mainstream class SNA allocations in schools on 30 April 2021 will be maintained and will automatically rollover into the 2021/22 school year.

- No school will therefore receive an allocation less than that which they had on 30 April 2021.

- SNAs currently in mainstream settings can continue in post for the next school year in the normal way.

- Priority consideration will now be given by the NCSE to applications for increased support for the 2021/22 school year, in particular, applications from schools with no SNAs and developing schools will be prioritised. Determinations will be made before 30 June. Other applications will be processed in order of date received.

- As in previous years, where circumstances change during the course of the 2021/22 school year that materially increase the level of care need in a school to the extent that the school can clearly demonstrate that it cannot be met within the existing SNA allocation, the school may apply to the NCSE for a review. Detailed information on the NCSE exceptional review process is published on the NCSE website, ncse.ie/for-schools.

The NCSE have published the SNA allocations on their website www.ncse.ie.

SNA allocations for special classes and special schools are not affected by this arrangement.

Since the commencement of the 2020/2021 school year schools do not apply for SNA access for individual students. School have maintained their previous school year’s mainstream SNA allocation. Where a school believes they have identified insufficient SNA support to respond to an increase in the care needs profile of the school, they can apply for an exceptional review.

The SNA exceptional review considers the overall profile of needs in the school and is not specific to individual students. Students are no longer required to have a diagnosis or supporting clinical reports in order to access supports.

Decisions regarding the appropriate deployment of SNA supports are made by school management.

Circular 0029/2021 has been published and advises schools of the arrangements for the allocation of SNAs for the 2021/22 school year.

Provisions set out in Circular 0030/2020 has been extended for the 2021/22 school year.

Circulars 29/2021 and 30/2020 are available on the Gov.ie website, www.gov.ie/en/circulars/?organisation=department-of-education

My Department does not have a role in making individual school determinations.

Photo of Cormac DevlinCormac Devlin (Dún Laoghaire, Fianna Fail)
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321. To ask the Minister for Education and Skills if she will reconsider the decision to end route 4 registration on foot of the recent announcement that an additional 980 special education teachers are to be provided, working in special classes, special schools and mainstream settings to support children with special educational needs; and if she will make a statement on the matter. [58458/21]

Photo of Norma FoleyNorma Foley (Kerry, Fianna Fail)
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Under the Teaching Council Acts 2001-2015 the Teaching Council is the body with statutory authority and responsibility for the regulation of the teaching profession in Ireland including the registration of teachers in the State.

The Teaching Council registers teachers in line with the requirements set out in the Teaching Council Act 2001-2015 and the Teaching Council (Registration) Regulations 2016.

It is important to note that the Teaching Council sets the standards for programmes of initial teacher education (ITE). The Council reviews and accredits programmes provided by Higher Education Institutions (HEIs) in the State, based on those standards. All programmes of ITE (primary, post-primary and further education) in Ireland that lead to registration must have professional accreditation from the Teaching Council. The standards for programmes of ITE have recently been revised and were published in Céim: Standards for Initial Teacher Education (2020) in October 2020.

Teachers who hold recognised Special Education Teaching qualifications obtained outside the State may continue to apply for registration with the Council under Route 4 and there is no intention to close-off this provision.

The standards stipulate that all programmes of ITE shall enable newly qualified teachers to facilitate quality teaching and learning for allpupils and sets Inclusive Education as one of the seven core elements which must unpin all aspects of the programme of ITE. The following excerpts from Céim are relevant in the context of inclusive education.

- The term inclusive education has been defined as ‘any aspect of teachers’ learning aimed at improving their capacity to address and respond to the diversity of learners’ needs; to enable their participation in learning; and remove barriers to education through the accommodation and provision of appropriate structures and arrangements to enable each learner to achieve the maximum benefit from his/her attendance at school.’

- Furthermore, it references that ‘the Council’s view of a truly inclusive approach to professional practice recognises that teachers encounter a diverse range of needs in the course of their teaching, regardless of setting. This will include additional learning needs (e.g. autism, dyslexia, dyspraxia) and learning needs associated with diverse linguistic, socioeconomic, cultural and ethnic (including Traveller community, Roma) backgrounds.’

- In the programme aims it is specified that ‘programmes shall enable newly qualified teachers to facilitate quality teaching and learning for allpupils and in the context of curriculum development to include the learning outcomes based curricula and national priorities.’

- One of the seven Core Elements for all programmes of initial teacher education is Inclusive Education.

- Inclusive Education:With reference to Inclusive Education as outlined in the Glossary, to include the fostering of appropriate learning environments that support the development of student teachers’ ability to provide for the learning needs of all pupils by utilising, for example, a universal design for learning framework.

In relation to school placement, the standards provide for a diversity of placement settings setting out that school placement shall comprise a minimum of two placement settings incorporating a variety of teaching situations, class levels and school contexts. Céim also sets out that during every module of school placement, student teachers, through the use of their Taisce, must demonstrate their understanding of Inclusive Education, as applicable to that context.

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