Written answers

Tuesday, 8 February 2022

Department of Education and Skills

Special Educational Needs

Photo of Pa DalyPa Daly (Kerry, Sinn Fein)
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431. To ask the Minister for Education and Skills her views on the inequity faced by special needs assistants in secondary education who work on average 100 additional hours per year as compared to their peers in primary education without additional pay. [6416/22]

Photo of Norma FoleyNorma Foley (Kerry, Fianna Fail)
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All Special Needs Assistants (SNAs) are paid on the SNA salary scale which is set by the Minister for Education and Skills in conjunction with the Minister for Public Expenditure and Reform. SNAs who are employed in a regular part-time capacity are paid a pro-rata amount, dependent upon their level of hours of employment. Part-time SNAs are paid on the agreed divisor rate for pay purposes for part-time SNAs which is 32 hours.The current salary scales for Special Needs Assistants are set out in the Department of Education and Skills circular 0071/2018 ‘REVISION OF SALARIES FOR SPECIAL NEEDS ASSISTANTS (SNAs) WITH EFFECT FROM 1 JANUARY 2019’.

The position on working hours for SNAs is that there are no nationally set working hours for full-time SNAs. In this regard, the contractual position in respect of the working hours of SNAs is as outlined in their contracts of employment which were agreed with the school management authorities and the relevant Trade Unions representing SNAs (FÓRSA and SIPTU) prior to their introduction in 2005. The working week for SNAs is defined in paragraph 2.5 of their contract as follows: "You will be required to work normal classroom hours including class break periods and in addition to attend before and after school in order to help with the preparation and tidying up of classrooms, reception and dispersal of children etc. The hours of work will normally be from [xxxx] to [xxxx] daily during term time."

This standard contract has been designed to be flexible to cater for the different spectrum of working hours across all the various schools including primary, post-primary and special schools. The times are set locally by the school management and will vary from school to school depending on the requirements of the school.

In addition, all 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 introduce greater flexibility to the use of these 12 days. These 12 days now equate to 72 hours (pro-rata for part-time SNAs) to be used 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. The use of these hours forms part of a review agreed under the Building Momentum national agreement due to take place this year.

Furthermore, the contract for Special Needs Assistants in the post primary sector specifically requires that SNAs are required to work the month of June on examinations and work appropriate to the grade including training. This was agreed with the Unions representing SNAs (FÓRSA and SIPTU) when the contract was devised in 2005. This condition of service places a clear onus and obligation on the SNA to attend at their place of work and be available for work during the month of June.

It is a matter for school management as their employer to determine the precise work that is to be completed by SNAs during the month of June. The utilisation of this period is not specifically for examinations or training purposes only, although these are two of the purposes for which the period of work can be utilised.

Photo of Pa DalyPa Daly (Kerry, Sinn Fein)
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432. To ask the Minister for Education and Skills her views on the additional 72 hours that all special needs assistants are expected to work each year under the Croke Park Agreement; and if she will make a statement on the matter. [6417/22]

Photo of Norma FoleyNorma Foley (Kerry, Fianna Fail)
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As part of the agreement between my Department, the relevant unions and school management boards of a standard contract for all SNA's in 2005, all SNAs have been required to be available for a number of days at the start and finish of each school term, not exceeding 12 days in total.

Under the Croke Park Agreement it was agreed to introduce greater flexibility to the use of these 12 days. Accordingly, DES Circular 71/2011 was issued on 15 December 2011 which outlined that these 12 days now equate to 72 hours (pro-rata for part-time SNAs) to be used 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.

The scope of this circular is for all SNAs employed in recognised Primary, Secondary, Community and Comprehensive Schools and by ETBs. It doesn’t make any distinctions between any SNAs (whether standard or cover posts), except to provide for part-time SNAs only doing pro-rata Croke Park hours (i.e. the appropriate percentage of the total 72-hours commitment).

While my Department published the Circular 71/2011 (see link below) in respect of the Croke Park Hours for SNAs, it is a matter for local school management (as the employers) to arrange the delivery of the hours from their staff (including SNAs), as the needs of schools and individual students across all sectors are very diverse. However, point 9 of Appendix 1 of this circular does provide possible examples (not an exhaustive listing) of the type of work that may be undertaken by SNA’s within their '72 hours' obligations. Both the Department and management bodies are of the strong view that the 72 hours play an important role in the effective operation of schools. The use of these hours forms part of a review agreed under the Building Momentum national agreement due to take place this year.

circulars.gov.ie/pdf/circular/education/2011/71.pdf

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