Pauline Tully (Cavan-Monaghan, Sinn Fein)
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441. To ask the Minister for Education and Skills if she will intervene in the case of a threatened expulsion of an autistic student from a autism class in a primary school (details supplied); and if she will make a statement on the matter. [50197/22]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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In accordance with Section 23 of the Education (Welfare) Act 2000 the board of management of every recognised school is legally obliged to prepare a code of behaviour in respect of the students registered in their school. This code of behaviour is prepared in consultation with the principal, teaching staff and the parents of students registered in the school. The code is required to consider the needs of children with special educational needs.

Recognising that expulsion of a student is a serious decision it can only be made by the schools board of management. The board must, before expelling a student, notify the Educational Welfare Officer (EWO), in writing and outline the reasons for the proposed expulsion. The board of management cannot confirm the expulsion until the passing of 20 school days from the date the EWO receives such notice. This 20 day period allows the EWO to convene a meeting under Section 24 of the Education (Welfare) Act, 2000 of all the relevant educational partners involved with the case including behavioural analysts if appropriate, to see if an alternative option other than expulsion can be reached.

Under section 29 of the Education Act, 1998 an appeals process is available to a parent/guardian following expulsion of their child. An independent appeals committee is appointed to consider all such appeals. In circumstances where the appeals committee decision is to allow such appeals the school is directed to readmit the student.

Additional supports are also provided by my Department and other agencies to assist schools in managing pupil behaviours. The National Educational Psychological Service (NEPS) provide both individual casework service for pupils and a support and development service for teachers and school staff.

The National Council for Special Education (NCSE) provide educational support services including allocation of resources for schools, provision of professional learning and in school support teams.

I have sought an update on the case referred to by the Deputy from the NCSE.