Seán Canney (Galway East, Independent)
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304. To ask the Minister for Education and Skills the additional supports that can be put in place to assist schools and parents to deal with special needs pupils whose behavioural conditions can result in harm to fellow pupils and staff rather than suspension from school; and if she will make a statement on the matter. [59948/21]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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The Board of Management of each school is responsible for the care and safety of all of the pupils in their school. Schools should supervise and support children who are distressed or out of control until they have recovered and are able to re-engage in the classroom. In some circumstances this may mean the temporary removal of a child from the environment where the problems have arisen.

Schools owe a duty of care to all their students and any action taken in relation to managing behaviour must be proportionate.

Tusla's Educational Welfare Service has published guidelines for schools on Codes of Behaviour which all schools are required by law to have in place. The guidelines advise that specialised behaviour management strategies, should not be used without expert advice, training and monitoring. In particular, the guidelines point to certain sanctions which are regarded as inappropriate, including leaving a student in an unsupervised situation while in the care of the school. All parents must be made aware of behaviour management strategies employed by the school.

Schools may seek advice from their local National Educational Psychological Services psychologist, from the NCSE’s Support Service which includes Special Educational Needs Organisers, the National Behavioural Support Service and the Special Education Support Service, as to how children with behavioural needs can best be supported in school.

A range of guidance is available for schools in relation to the management of student behaviour. The Department published Guidelines for Supporting Pupils with Behavioural, Emotional, and Social Difficulties, which is available on the Department’s website, www.education.ie. The National Educational Psychological Services document Behavioural, Emotional and Social Difficulties – A Continuum of Support also provides advice for teachers, including some advice on the use of “time out” procedures in the classroom.

Training is available for schools in relation to the provision of support for children with special educational needs from the NCSE’s Regional Service. The Special Education Support Service can, as part of their designated training modules, provide guidance for schools in relation to the management of difficult behaviour.

Further to the receipt of policy advice from the NCSE, the Department of Education established an Expert Working Group to develop guidelines for schools on the prevention and management of challenging behaviours (including the use of physical interventions) where such behaviour is considered as likely to present serious risk of physical harm to the student concerned and/or others within the school environment.

Development of the Guidelines has been informed by evidence showing that whole school positive behavioural approaches and early and ongoing engagement with the school community, including parents/guardians, are necessary for the development of effective school policy and practice.

Following consideration of the views and contributions received as part of the consultation process, a final draft of the guidelines has been prepared and is being considered by the Department. They place a strong focus on prevention and early intervention strategies for the management of crisis student behaviour in which physical intervention may be employed only as the last part of a comprehensive, positive and planned behavioural approach by the school. They are underpinned by the principles that such intervention is never used for the purposes of discipline; that it should be applied proportionately and should last only as long as is necessary to de-escalate the situation. The guidelines underline the importance of continued supervision of children during a crisis period including matters related to behaviour and the need for such incidents to be recorded.

The guidelines when issued will apply to all schools. In this regard, consideration is being given to the implementation of guidelines by schools including the kind of supports and training that may be required.

Jackie Cahill (Tipperary, Fianna Fail)
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305. To ask the Minister for Education and Skills the steps that can be taken in relation to the case of a child (details supplied) who is seeking a place in an ASD unit; and if she will make a statement on the matter. [59950/21]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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Enabling children with special educational needs to receive an education is a priority for this Government

The State currently spends in excess of 25% of its annual education and training budget (€9.2 Billion) on making additional provision for children with special educational needs.

This includes funding for a wide range of schemes and supports including special classes, special school places, SNAs and teachers.

The National Council for Special Education (NCSE) has responsibility for coordinating and advising on the education provision for children nationwide. The NCSE through the local Special Educational Needs Organiser (SENO), is available to support both families and schools regarding a suitable placement.

My Department works in close collaboration with the NCSE to ensure that the necessary provision is put in place on a timely basis throughout the country.

As your query refers to an individual placement case, I will arrange to have it referred to the NCSE for their attention and direct reply.

Alan Farrell (Dublin Fingal, Fine Gael)
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306. To ask the Minister for Education and Skills the status of the implementation of the Education for Persons with Special Educational Needs Act 2004; and if she will make a statement on the matter. [59957/21]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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The Education for Persons with Special Needs (EPSEN) Act 2004 sets out the vision for the education of children with disabilities in this country.

The Act requires that a child with special educational needs should be educated in an inclusive environment alongside their peers unless the nature and extent of those needs would not be in the best interest of the child concerned or the other children with whom the child is to be educated.

For this purpose, my Department funds a continuum of education provision which covers the full spectrum of need ranging from placement in a mainstream class with supports or a placement in a more specialist setting, a special class or special school.My Department currently spends in excess of €2b in supporting this continuum annually.

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 – InterpretationSection 2 - providing for the inclusive education of children with Special Educational NeedsSection 14 – placing certain duties on schoolsSections 19 to 37 - placing the Council on a statutory footing. Section 39 - placing certain duties on Health BoardsSections 40 to 53 - amending the Education ActSchedule 1 – providing for meetings and membership of the CouncilSchedule 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 Government has committed to consulting with stakeholders on how best to progress the EPSEN Act.

It should 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.

I have also indicated that one of my priorities as Minister for Special Education and Inclusion is to carry out a review of the EPSEN Act.

This review will take into account the range of reforms and increased investment in supports which have taken place in recent years including the development of new allocation models which are not based primarily on the outcome of an assessment. The requirement for a 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 so account must be taken of need, as well as diagnosis.

Policy advice has been requested from the NCSE on the implications of the UNCRPD and this is expected in the coming months.