Pauline Tully (Cavan-Monaghan, Sinn Fein)
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444. To ask the Minister for Education and Skills the plans she has in place to introduce a personal assistant service (personalised budget) for children with disabilities in schools, which could greatly assist in getting the specific help they need while in a mainstream setting; and if she will make a statement on the matter. [51525/22]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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I would like to thank the Deputy for the question and would like to advise the following:

Enabling children with special educational needs and disabilities to receive an education is a priority for this Government.

For 2022, my Department will spend in excess of €2 Billion, or over 25% of the Department’s budget on providing a wide range of schemes and supports for children with special educational needs.

For 2023, this spend will be substantially increased by over 10%, meaning that for 2023 my Department will spend over €2.6 billion on special education.

This level of educational funding and support is unprecedented and represents in excess of 27% of the Department’s total allocation for 2023.

This includes additional teaching and care supports. It also includes funding for the National Educational Psychological Service (NEPS) for an additional 54 psychologists to provide services to special schools and special classes.

For the first time ever we will have over 19,000 teachers working in the area of special education and over 20,000 Special needs assistants. Together we have almost 40,000 qualified and committed people in our schools who are focused wholly and exclusively on supporting children with special educational needs and disabilities.

The Special Needs Assistant (SNA) scheme is designed to provide schools with additional adult support staff who can assist children with special educational needs who also have additional and significant care needs. Such support is provided in order to facilitate the attendance of those pupils at school and also to minimise disruption to class or teaching time for the pupils concerned, or for their peers, and with a view to developing their independent living skills.

Circular 0030/2014 provides details of the primary care needs for which SNA support will usually be provided and sets out the types of secondary care associated tasks which SNAs may often perform, but only once they have been allocated on the basis of a requirement to provide for primary care needs.

While the education system focuses on supporting the teaching and learning needs of students with disabilities, the HSE is responsible for providing additional health and social care supports in Children’s Disability Network Teams across the country. Children’s Disability Network Teams (CDNTs) provide a single, uniform and equitably accessible system of disability services for children and young people with complex needs.

In terms of considering a new model of supports for children with special educational needs and disabilities in our schools, my Department is currently providing funding for the School Inclusion Model project which is operating in some schools. The SIM is based on policy advice from the National Council for Special Education which works 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 the 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). It is intended to review the impact of the SIM project to inform future policy decisions. Consideration of the NCSE policy advice on special classes and special schools will also be significant in this regard also.

There are no plans to introduce a personal assistant service (personal budget) for children with disabilities in schools at this time.

Pauline Tully (Cavan-Monaghan, Sinn Fein)
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445. To ask the Minister for Education and Skills if she will consider prohibiting the use of seclusion and restraint in schools; if she will consider prohibiting the use of reduced timetables for children with disabilities who have behavioural issues; and if she will make a statement on the matter. [51526/22]

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 exhibiting behaviours of concern 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, such as the use of restraint, 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.

Guidelines for schools on reduced school days were published on 16th September 2021 and came into effect from 1st January 2022. Please see link below which contains a copy of the guidelines and an information note for parents: www.gov.ie/en/circular/f49bd-0047-2021/

The purpose of the Guidelines on the use of Reduced School days is to ensure that the use of reduced school days are limited to only those circumstances where it is absolutely necessary and, that where such usage occurs, schools follow best practice with the best interests of the student to the fore. The Guidelines also outline a number of key requirements for the use of reduced school days.

A school can only place a child on a Reduced School Day if the parent/guardians give their consent. A parent/guardian is not obliged to consent to this. If consent is given the school must complete a form and it must be sent to Tusla Education Support Services(TESS), the parent/guardian must sign this form giving their consent to the use of a Reduced School Day. It is also important to note that a parent/guardian may withdraw their consent at any time.

Tusla Education Support Services (TESS) have a dedicated Reduced School Day team in place, and they provide support and assistance to parents/guardians if needed.

Pauline Tully (Cavan-Monaghan, Sinn Fein)
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446. To ask the Minister for Education and Skills the actions she will take to ensure that all children who need access to the in-school July provision programme in 2023 can access it; and if she will make a statement on the matter. [51527/22]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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The 2022 summer programme built on the expanded programmes of 2020 and 2021. From 2021, all schools were given the opportunity to run at least one summer programme.

In line with last year, the total funding available to provide summer programmes in 2022 was up to €40 million.

I can assure the Deputy that the programme continues to focus on supporting pupils with complex special educational needs and my Department has provided support to schools to run the summer programme to cater for these students.

To support and facilitate schools and principals with organising and running the programme, the 2022 Summer Programme allowed principals to delegate these functions to other members of staff. Capitation funding and preparation hours were provided to schools who participated in the programme, with additional funding and hours provided to schools that run the Special Class and Special School Programme. Further funding was also made available to Special Schools, in recognition of the extra complexities in running programmes in their schools.

An additional €20 million funding has been approved under Budget ‘23 to continue the expanded summer programme for 2023, bringing the total to €40m for 2023 which was formally announced this week. This early announcement that funding has been secured will allow schools several extra months to plan for a summer programme next year.

The programme has gone from strength to strength with 2022 seeing more schools and more students participate than ever before. Final figures for this year’s programme will be known later in the year but based on the information available to date, it is anticipated that over 45,000 pupils will have participated with over 1,000 schools running a programme.

I am however very conscious that parents want this programme to be available in more schools in 2023 and, as part of the planning that has already begun for next year. The Department is committed to on-going development of the summer programme with a view to ensuring that children that need it, have access to this support. For 2023, it is a priority that more children in special schools have access to a school-based programme.

The Department of Education is also currently reviewing the summer programme and engaging with relevant Departments, agencies and stakeholders so that more children can participate in 2023. It is important that schools are given the support they need to be able to run a programme during the summer and the review will also be taking account of administration needs, workforce expansion, and training requirements that are vital components for the schools.

The Inspectorate in the Department has also visited schools, including special schools as part of that process, and are liaising with staff, parents and the children who participated to help ensure that the review takes account of the lived experience. The Department will also look at innovative way to promote and publicise the programme for next summer to further raise awareness of the scheme and publicise the benefits of running a scheme.

Following the completion of the review, full details, including information and guidance for parents, schools and staff will be published at the earliest possible opportunity in 2023.

Pauline Tully (Cavan-Monaghan, Sinn Fein)
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447. To ask the Minister for Education and Skills the actions she has taken to ensure that all children with additional learning needs can request and receive an individualised education plan as is contained within the Education for Persons with Special Educational Needs Act 2004; and if she will make a statement on the matter. [51528/22]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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I wish to advise the Deputy that since the Education for Persons with Special Educational Needs Act (EPSEN) Act, 2004 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. 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.

While the Sections of the EPSEN Act relating to an educational assessment for all children with special educational needs and the consequent development of a statutory individual educational plan (IEP) have not been implemented, I can advise that all schools are encouraged to have support plans in place for children with special needs. My Department's Inspectorate's advice is that the majority of schools are now using some form of individual education support plans for children with special needs.

In relation to the above, as the Deputy will be aware, as announced in December 2021, I have sought a review of the Education for Persons with Special Educational Needs Act, 2004, which provides for the education of children aged under 18 years with special educational needs. The EPSEN Act 2004, is now in place for more than 18 years and there have been many significant changes and developments to policy relating to the education of children with special needs in that time.

The purpose of the review is to ensure that legislation on education for students with additional needs is up-to-date, fully operational, and reflective of the lived experiences of students and families. This includes those sections of the Act relating to IEPs. Open collaboration and consultation are at the heart of the review and all stakeholders are being invited to engage with the process.

A number of steps have been taken by my Department in relation to this important review of legislation. Establishment of a Steering Group, Working Group and Advisory Group have been completed and all the groups have had multiple engagements.

A full stakeholder engagement took place on the 21st June last, to discuss concerns and proposals in relation to this review, which was very positive. A large amount of work has occurred over the summer months to prepare categories of public surveys and a consultation paper to inform members of the public of the review. It is intended to launch the public survey within the coming weeks. Focus groups will be organised at the conclusion of the public survey to explore key themes that arise as result of the survey analysis.

I wish to assure the Deputy that the purpose of the review is to ensure that there is an adequate legislative basis for the educational provision, both current and planned, for children with special educational needs in order to protect the interests of the children concerned and their families and those of the state.

Pauline Tully (Cavan-Monaghan, Sinn Fein)
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448. To ask the Minister for Education and Skills if she will detail the training that has been undertaken by newly-recruited special needs assistants prior to the start of the school year in order to better support students with a disability; if she will provide details of the ongoing training for SNAs; and if she will make a statement on the matter. [51529/22]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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I would like to thank the Deputy for the question and would like to advise the following:

The Special Needs Assistant (SNA) scheme is designed to provide schools with additional adult support staff who can assist children with special educational needs who also have additional and significant care needs.

SNAs are not allocated to individual children but to schools as a school based resource. The deployment of SNAs within schools is a matter for the individual Principal/Board of Management of the school. It is a matter for schools to allocate support as required, and on the basis of individual need, which allows schools flexibility in how the SNA support is utilised.

When appointing an SNA, it is a matter for the Board of Management to ensure that SNAs are in a position to effectively meet the care needs of the pupil(s) for whom SNA support has been allocated in the school.

Where specific training is required relating to the care needs of pupils, the Board of Management should liaise with the Health Service Executive (HSE) in order to ensure that the HSE provides guidance and training that enables the SNA to meet the care needs of the pupil in an appropriate manner. It is a matter for individual school authorities to make such arrangements locally based on the specific care needs of the children enrolled in the school. The Department has no role in providing such training and does not hold the information requested.

When a school opens a special class, considerable supports and resources are made available from the National Council of Special Education and the National Educational Psychological Service, including a seminar for principals, training courses for staff, and each school is linked with an NCSE advisor.

In relation to ongoing training for SNA’s, the Comprehensive Review of the Special Needs Assistant Scheme (SNAs) was published by the National Council for Special Education (NCSE) in 2018. The Review made a number of recommendations regarding SNAs including referencing the training needs of SNAs. The NCSE recommended that a new national training programme at Level 5 of the National Qualification Framework be developed for existing SNAs.

The policy advice was considered by the Department. It was decided that priority should be given to the development of a training programme for SNAs who may not have had a recent opportunity to access a training programme tailored to their role.

Following a public procurement process, University College Dublin (UCD) School of Education, in conjunction with UCD School of Nursing, Midwifery and Health Systems, was selected to develop and deliver this important educational initiative. UCD’s wide-ranging experience and expertise will enable the delivery of a broad-ranging and high-quality programme. This programme began in January 2021 with an intake of 500 students.

This major educational initiative will enhance the knowledge, skills and expertise of SNAs whose work is central to the inclusion of students with additional care and complex needs in school life. For some SNAs, this programme may present the first opportunity in recent times for them to engage with the theory and research based best practice underlying their role.

Participation is voluntary and the programme is fully funded by the Department. Each participant who completes the programme successfully receives a certificate from UCD School of Education.

Pauline Tully (Cavan-Monaghan, Sinn Fein)
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449. To ask the Minister for Education and Skills if she will detail the initiatives that are in place to develop cross-departmental links between education, special education and disability; and if she will make a statement on the matter. [51530/22]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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I would like to thank the Deputy for the question and would like to advise the following:

The Cross-Sectoral Group on Disability Issues for Children and Young People (CSG) provides leadership and supports decision-making for key Government Departments and Agencies, which have a role in the delivery of disability services. Membership is made up of representatives from a number of Government Departments, including my Department. The CEO of the National Council for Special Education is also a member of this Group.

Separately, the National Education and Health Collaborative Forum supports education and health to work together cohesively, share key information and develop joint working, where required, to optimise outcomes for children and their families. Membership is comprised of representatives from the Health Service Executive (HSE), National Counsel for Special Education (NCSE) and the National Educational Psychological Service (NEPS).

In addition to these two groups, in the last two years the Department of An Taoiseach has overseen a further cross Departmental and agency group looking specifically at the areas of 1) therapies and 2) school places for children with special educational needs.

This group has included senior officials from the Department of Health, Education, Children, Equality, Disability Integration and Youth as well as from the NCSE and HSE. Updates on progress in the area has been provided to relevant Ministers who attend Cabinet sub-Committee on these issues.

The NCSE is currently engaged in the Education and health working group which is a framework for collaborative engagement and better working between health and education professionals. The purpose of the group is to guide the establishment of Education and Health Forums at local level, including representatives of parents, health services and education partners, in order to facilitate networking, building relationships and to share information.

- To support the development of national joint Policies, Procedures, Protocols and Guidelines between Education and Health, as required.

- To provide guidance regarding the content of relevant training programmes in both sectors to ensure consistency, eliminate duplication and maximize use of available resources.

- To oversee the development of a national online directory of resources to include information and links on disabilities, health services, education, community supports and subsections for regional/local specific supports and services.

- To oversee implementation of the Guidance on Coordination of Key Transitions for Children and Young People with Complex Disabilities as a template for local education and health forums to develop their own pathways for the key stages of transitions.

- To ensure the voice of children and young people, and their parents is heard in all the above development works.

At local level forums are established to further this work and specifically with a view:

- To facilitate joint and collaborative practices at a local level to share information and facilitate the provision of services to children and their families.

- And to address issues of common concern to those in the education and health sectors engaged in supporting children with disabilities. Issues which affect one sector only will continue to be addressed by existing forums/management groups in each sector.

A Steering Group was established to advise, monitor and oversee the development, coordination and implementation of the trialing of a School Inclusion Model as approved by Government on 12 February 2019.

The Group is chaired by the Department of Education, and comprise high level representation from the Departments of Public Expenditure and Reform; Health; and Children and Youth Affairs.

The Group provide a forum for the lead actors with responsibility for delivering the actions underlying the model to agree it’s planning and delivery.

Other objectives of the strand are to develop protocols and relationships to work with external bodies, such as the HSE and NEPS, and with therapists not employed by NCSE who are providing support to children.

As part of the School Inclusion Model (SIM), the Steering Group established a nursing subgroup. The nursing supports subgroup were tasked with looking, in the context of improving access to nursing supports for children in mainstream schools and in special school settings. Members of the nursing group consist of personnel from Department of Education, Health Service Executive, Department of Health and NCSE.

Pauline Tully (Cavan-Monaghan, Sinn Fein)
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450. To ask the Minister for Education and Skills the way in which the policies of schools are monitored to ensure that primary and secondary schools cannot refuse to enrol a child with a disability; and if she will make a statement on the matter. [51531/22]

Norma Foley (Kerry, Fianna Fail)
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The Education (Admission to Schools) Act 2018 provides that all schools must have an admission policy, part of which is the Admission Statement. The Admission Statement sets out that the school will not discriminate against an applicant on the grounds of gender, civil status, family status, sexual orientation, religion, disability, race, member of traveller community or special educational needs.

Parents have the right to choose which school to apply to and where the school has places available for the relevant year, the pupil/student 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/student 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. It is an important feature of the act that schools can only make a decision on an application for admission that is based on the schools admission policy.

Under Section 29 of the Education Act 1998, the parent of the student, or in the case of a student who has reached the age of 18 years, the student, may appeal a decision of this school to refuse admission. An appeal may be made under Section 29 (1)(c)(i) of the Education Act 1998 where the refusal to admit was due to the school being oversubscribed. An appeal may be made under Section 29 (1)(c)(ii) of the Education Act 1998 where the refusal to admit was due a reason other than the school being oversubscribed.

TUSLA’s Education Support Service (TESS) which is the statutory agency that can assist parents who are experiencing difficulty in securing a school place for their child. TESS can be contacted at 01-7718500. For ease of reference, I have provided you with a link to the relevant phone numbers for the Education Welfare Officers who are part of TESS assigned to various areas around the country. www.tusla.ie/get-in-touch/local-area-offices .

Pauline Tully (Cavan-Monaghan, Sinn Fein)
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451. To ask the Minister for Education and Skills if she will provide an update on the review of the Education for Persons with Special Educational Needs Act 2004, including the way in which it intends to enable a right to educational supports for children with special educational needs; and if she will make a statement on the matter. [51532/22]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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As the Deputy will be aware, as announced in December 2021, I have sought a review of the Education for Persons with Special Educational Needs Act, 2004, which provides for the education of children aged under 18 years with special educational needs. The EPSEN Act 2004, is now in place for more than 18 years and there have been many significant changes and developments to policy relating to the education of children with special needs in that time.

The purpose of the review is to ensure that legislation on education for students with additional needs is up-to-date, fully operational, and reflective of the lived experiences of students and families.

A number of steps have been taken by my Department in relation to this important review of legislation. Establishment of a Steering Group, Working Group and Advisory Group have been completed and all the groups have had multiple engagements.

A full stakeholder engagement took place on the 21st June last, to discuss concerns and proposals in relation to this review, which was very positive. A large amount of work has occurred over the summer months to prepare categories of public surveys and a consultation paper to inform members of the public of the review. It is intended to launch the public survey within the coming weeks. Focus groups will be organised at the conclusion of the public survey to explore key themes that arise as result of the survey analysis.

In depth engagement has also occurred with the NCSE in relation to specific research that will assist with this review.

Open collaboration and consultation are at the heart of the review and all stakeholders are being invited to engage with the process.

I wish to reassure the Deputy that the Government is committed to ensure that every child receives an education to help him/her achieve his/her potential. To this end, the state has made very significant investment in a range of education supports for these children. The state has also put in place a comprehensive legislative framework to protect and support the educational rights of these children and their families.

I wish to assure the Deputy that the purpose of the review is to ensure that there is an adequate legislative basis for the educational provision, both current and planned, for children with special educational needs in order to protect the interests of the children concerned and their families and those of the state.