Aodhán Ó Ríordáin (Dublin Bay North, Labour)
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956. To ask the Minister for Education and Skills her plans for Irish language exemptions for Ukrainian students; and if she will make a statement on the matter. [21184/22]

Norma Foley (Kerry, Fianna Fail)
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I can advise the Deputy that, as set out in Section 2.2. of Circulars 0052/2019 (primary) and 0053/2019 (post primary), students from abroad can apply to their school for an exemption from the study of Irish if they meet the criteria as set out in the following exceptional circumstance i.e.: “pupils whose education up to 12 years of age (or up to and including the final year of their primary education) was received outside the State and where they did not have opportunity to engage in the study of Irish”.

It is anticipated that all Ukrainian students enrolling in recognised English-medium post-primary schools will meet these criteria.

As in all other cases where a pupil does not meet the criteria for the granting of an exemption from the study of Irish, schools should provide pupils with a differentiated approach to language learning as provided for in the Primary Language Curriculum in an inclusive school environment.  As is the case with all pupils who have significant learning difficulties that are persistent, pupils moving from Ukraine may also be granted an exemption from the study of Irish as outlined in subsection 2.2.c of the Circulars.

All pupils should be supported to learn the language at a level appropriate to their needs and ability. Schools, as set out in the circulars, are advised to inform parents/guardians and students of the option not to exercise the exemption granted without any loss of the right to exercise it at a future time.

In accordance with Section 8 of Circular 0052/2019 and Section 7 of Circular 0053/2019, the Department is currently undertaking an initial review of the operation of these circulars.

Aodhán Ó Ríordáin (Dublin Bay North, Labour)
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957. To ask the Minister for Education and Skills the reason that section 2.4 of circulars 52 and 53 of 2019 refers to an appeal of an Irish exemption refusal when it is only a review of the procedure followed by the school and not a review of the substance of the appeal; and if she will make a statement on the matter. [21185/22]

Norma Foley (Kerry, Fianna Fail)
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I can advise the Deputy that the exceptional criteria for granting an exemption from the study of Irish are set out in section 2.2. of both circular 0052/2019 (primary) and circular 0053/2019 (post primary).  Therefore the appeal that can be made is based on a review of whether the school administered the Circulars correctly in coming to its decision.

For the Deputy’s information, in line with other department policies in the area of special educational needs, the 2019 circulars move away from a diagnostic categorical model to a needs-based model.  The circulars require the school to demonstrate evidence of intervention and differentiated support for those children/students who struggle with literacy, as well as the current level of in-school testing on discrete tests of word reading, reading comprehension or spelling. This includes using evidence of needs over time. As part of this process the school will administer discrete tests to identify the needs of the student. It is these test results which inform intervention and need for any additional support, including an exemption from the study of Irish.

Where a pupil does not meet the criteria for granting an exemption from the study of Irish, then the school is required to provide a differentiated approach to language learning in accordance with the curriculum, to enable the pupil to engage with their learning in an inclusive school environment and at a level appropriate to their individual needs and ability.

As set out in Section 8 of circular 0052/2019 and Section 7 of circular 0053/2019, the Department is currently carrying out an initial review of the operation of the circulars.

Aodhán Ó Ríordáin (Dublin Bay North, Labour)
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958. To ask the Minister for Education and Skills the law, Act or any other constitutional document under which the teaching of Irish in schools is made mandatory; and if she will make a statement on the matter. [21186/22]

Norma Foley (Kerry, Fianna Fail)
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The Irish language is accorded special status in Ireland and is protected by various pieces of Legislation and in particular Article 8 of our Constitution which states that “The Irish Language as the national language is the first official language”.  The language has particular social, historical and educational importance and is part of the unique cultural heritage of the Irish people. Irish is also an official language of the European Union.  It is an aim of Government to increase on an incremental basis the use and knowledge of Irish as a community language.

In recognising the linguistic, social and cultural importance of Irish and English in Ireland, both languages are included as core subjects in the national curricula for recognised primary and secondary level schools and centres for education in Ireland.  This has been the case since the foundation of the State and the importance of the teaching of Irish in this way has been re-affirmed on a number of occasions by the State, including most recently in the 20-Year Strategy for the Irish Language 2010-2030.  All students in Primary and Second Level schools are required to study Irish unless they have been granted a Certificate of Exemption from the study of Irish. 

The long-standing practice of the Department has been to use circulars as a means for communicating a number of matters including schemes, rules and other conditions associated with the recognition and funding of schools, and setting the terms and conditions of school staff.  Much of that practice evolved in the absence of primary legislation governing the education sector.  Following a national convention in the mid-1990s, a programme of educational reform was initiated. For the first time, this included the enactment of landmark pieces of primary legislation governing the school system. This included the Education Act 1998, the Education (Welfare) Act 2000 and the Education for Persons with Special Educational Needs Act 2004.  While such legislation does permit of the making of regulations in a number of areas, regulations are not required in all situations.  The practice of using administrative circulars which is familiar to schools, teachers and other school staff, and which allows for a necessary degree of flexibility and responsiveness has continued.

In addition, the Education Act 1998 recognises the particular responsibility of the education system with regard to supporting the Irish language.  Section 6 of the Act provides that every person concerned with the implementation of the Act shall have regard to objects specified therein. These objects include contributing to the realisation of national policy and objectives in relation to the extension of bilingualism in Irish society and in particular the achievement of a greater use of the Irish language at school and in the community (Section 6(i)) and contributing to the maintenance of Irish as the primary community language in Gaeltacht areas (Section 6(j)).  The responsibilities of the Department  in respect of the teaching and promotion of Irish are also apparent from Sections 7(2)(d); 9(f) and (h); 13(3)(f); 31, 41(2)(g); 62(7)(h) and 62(9) thereof.

Rule 70(3) of the Rules for National Schools (1965) lists Irish as an obligatory subject for pupils in National Schools and Curricula for Irish are prescribed by the minister in accordance with Section 30 of the Education Act 1998. Rule 21(1) of the Rules and Programme for Secondary Schools 2004/2005 provides that the approved course for a post-primary school student must include not less than five of the subjects of which one must be Irish.  Students are not required to sit an Irish examination nor is it a requirement to pass an Irish Examination in order to complete the Junior Cycle or the Leaving Certificate.  In that context, the most recent curricular changes at primary and junior cycle level have emphasised not only the importance of learning both languages but also the wider benefits of bilingualism.  The development of these new language curricula reflects my department’s reassertion of its commitment to the Irish language and to progressing the language education related actions of the 20-Year Strategy for the Irish Language 2010-2030.