Written answers

Tuesday, 24 May 2022

Department of Education and Skills

Special Educational Needs

Photo of Pauline TullyPauline Tully (Cavan-Monaghan, Sinn Fein)
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354. To ask the Minister for Education and Skills if a review of the School Inclusion Model Pilot Projects has been undertaken; if not, if a review is planned; the timeframe for the publication of the review; if her Department intends to roll-out this model to all schools; the timeframe for the roll-out; and if she will make a statement on the matter. [25687/22]

Photo of Josepha MadiganJosepha Madigan (Dublin Rathdown, Fine Gael)
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The School Inclusion Model (SIM) is based on policy advice from the National Council for Special Education and is based on the principle of providing the right support at the right time delivered by a range of personnel with relevant qualifications and skill-sets.  The purpose of SIM is to build the capacity of participating schools so they can support the inclusion of all children particularly those with special educational needs (SEN).

My Department recognises that the current range of supports in schools i.e. teaching and care does not, on their own, meet the needs of some children with SEN. This is particularly the case for children with complex needs in the areas of speech and language, communication, sensory impairments, self-regulation and behaviour. Its purpose is to help students achieve better outcomes.

The Model comprises a number of key elements in respect of building school capacity including the following:

- Provision of in-school therapies (speech and language, occupational)

- Allocation of SNAs on a frontloaded basis

- Additional professional supports for the school including psychology, behavioural and professional development

- Training of SNAs

The initial pilot of the Model took place in 75 schools and 75 early learning centres located in the HSE CH07 area in the 2018/19 school year and this was positively evaluated.  The Model was then extended to facilitate further development and evaluation but this was disrupted by Covid-19 in March 2020 and the Pilot was then paused.  At this time, the HSE withdrew the speech and language and occupational therapists and redeployed them to Covid-related work. It was then extended to the 2020/21 school year which was also interrupted by Covid.

The Pilot has now recommenced in CHO7 and therapists are working within these schools and are providing ongoing support on a responsive basis to deliver therapy-based strategies and tools. Overall there is good engagement by the schools in CHO7. Where schools have provided feedback to the NCSE on the overall SIM project, they were positive about their experience and expectations of the supports. 

Planning for an expansion is underway. My officials have consulted with relevant Departments including Taoiseachs, Health and DCEDIY. There are a number of challenges to expanding SIM to other areas at this time. The single greatest constraint is insufficient supply of SLTs and OTs to meet health and education needs. The recruitment of therapists is also a significant issue for the Department of Health and the HSE.

Some of the issues can be more easily addressed than others but the expansion requires further consideration and planning work to identify and deliver appropriate solutions.

My officials are continuing to work through proposals to mitigate the challenges. Once these are finalised, it is intended that a Memo will be brought to Government with the plans for expansion and the approach which, over time, would allow for SIM to be extended to all schools. Part of that expansion will include evaluation.

The SIM model provides a framework of teaching, care, training and therapeutic supports to facilitate the optimal inclusion of children with special educational needs in education. 

I am therefore committed to its development.

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael)
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355. To ask the Minister for Education and Skills the way in which admission to special schools will be determined (details supplied); if she will reassure parents that children will not lose out during this transition required by the courts; and if she will make a statement on the matter. [25690/22]

Photo of Josepha MadiganJosepha Madigan (Dublin Rathdown, Fine Gael)
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In relation to school admissions, it is the responsibility of the managerial authorities of all schools to implement an enrolment policy in accordance with the Education Act, 1998 and the Education (Admission to Schools) Act 2018. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in that area.

Parents have the right to choose which school to apply to and where the school has places available the pupil should be admitted. However, in schools where there are more applicants than places available, a selection process will be necessary. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants.  However, this may result in some pupils not obtaining a place in the school of their first choice. The act requires schools to clearly set out their selection criteria in their admission policies. Schools have discretion in relation to their admission criteria and how they are applied.  The criteria to be applied by schools and the order of priority are a matter for the schools themselves.  The Department does not intervene in the selection criterion that is applied by schools.

The National Council for Special Education (NCSE) has responsibility for coordinating and advising on the education provision for children with special educational needs nationwide. It is open to any school to make an application to the NCSE for the establishment of a specialised provision and where sanctioned, a range of supports, including capital funding, is made available to the school. 

Parents seeking special class or school placements for their children are advised to contact NCSE locally so that their needs can be taken into account for planning purposes.

The NCSE through their network of SENOs (Special Educational Needs Organisers) are currently engaged in a process of establishing new classes for the 2022/2023 school year and beyond. They are looking at local information in relation to projected demand for future special class places.

The local SENOs remain available to assist and advise parents of children with special educational needs. Parents may contact SENOs directly using the contact details available at: ncse.ie/regional-servic. 

I should clarify, however, that the NCSE does not maintain waiting lists for schools.  Boards of management of individual schools are responsible for such enrolment matters. 

With regards to recent Court Judgements, following a High Court ruling in October 2021 there is now a requirement on the education system to provide an assessment of education Needs as part of the HSE  Assessment of Need Process. My Department is considering its implications. There was a further High Court ruling in March, 2022 to which the details supplied refers.  My Department are working with the Department of Health, the NCSE and the HSE and taking legal advice. Officials in my Department are continuing to work through proposals to address the implications.

I expect to receive a proposal on the matter shortly.

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE)
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356. To ask the Minister for Education and Skills if section 37A of the Education Act 1998 has ever been used to direct post-primary schools to provide ASD classes; if so, when this took place; and the location of these schools. [25714/22]

Photo of Josepha MadiganJosepha 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. 

This year, my Department will spend in excess of €2 Billion, or over 25% of the Department’s budget on providing additional teaching and care supports for children with special educational needs. 

The National Council for Special Education (NCSE) has responsibility for coordinating and advising on the education provision for children with special educational needs nationwide.

It is open to any school to make an application to the NCSE for the establishment of a specialised provision and where sanctioned, a range of supports, including capital funding, is made available to the school. 

Notwithstanding the extent of this investment, there are some parts of the country where increases in population and other issues have led to concerns regarding a shortage of school places.

The Minister has 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 open new special classes 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 open the additional classes and

- all reasonable efforts have been made to support these schools in making the required provision.

The legislation has been used twice to date; initially in the Dublin 15 area in 2019 and more recently in the South Dublin area in 2020 in respect of primary school provision only. Significant progress has been made in these areas on foot of action taken under Section 37. 

The Section 37 process is one of the tools available to the Department to ensure that adequate suitable education provision is made for children with special needs and it is not a substitute for advance planning.

All parties would prefer to see schools volunteer to provide more places rather than places being secured on the back of an order or a direction from the Minister. The evidence available this school-year is that schools are willing to work collaboratively with the Department and NCSE on the provision of new school places for children with special educational needs and I am grateful to all concerned for their ongoing work in this regard.

I can also reassure the Deputy that the local SENOs continue to be available to assist and advise parents of children with special educational needs.

Parents seeking special class placements for their children are advised to contact NCSE locally so that their needs can be taken into account for planning purposes.

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