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 (SEN) to receive an education appropriate to their needs is a priority for this Government.

It is also a key priority for me as Minister for Special Education & Inclusion, for my Department and for the National Council for Special Education (NCSE).

For 2023, the spend by my Department on special education will be substantially increased by over 10% on last year, meaning that for 2023 my Department will spend over €2.6 billion providing supports to children and young people with special educational needs and to their schools..

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 funding to support children with special educational needs in mainstream classes; funding for new special classes and new special school places; additional special educational teachers and special needs assistants.

The NCSE has responsibility for coordinating and advising on the education provision for children with special educational needs nationwide.

Over the last two to three years, my Department and the NCSE have introduced a number of strategic initiatives to plan for and provide sufficient special class and special school places.

These initiatives are bearing fruit with over 600 new special classes sanctioned at primary level, almost 300 new special classes sanctioned at post-primary level and five new special schools established over the last three years.

Just last week, Minister Foley and l announced the establishment of two new special schools as part of a comprehensive update on enhanced education provision for students with special educational needs. These two new special schools will be established in Carrigtwohill, east Cork and Dublin 7 for the 2023/24 school year.

Along with the two new special schools, I also confirmed that 218 new special classes have been sanctioned by the NCSE for opening in the coming school year 2023/2024, with more to be confirmed in the coming weeks – 126 at primary and 92 at post-primary level. Also capacity will be expanded in 11 other special schools around the country.

At local level, the NCSE is continuing to engage with schools regarding the establishment of additional special classes for the next school year 2023/2024. Every support will be made available to schools to progress the opening of special classes in the shortest possible time frame.

The key provision in the Education (Provision in Respect of Children with Special Educational Needs) Act 2022 provides for a more streamlined Section 37A process, if required, to compel schools to make provision for children with special educational needs.

The new legislation passed through both houses of the Oireachtas last summer and was signed into law by the President in July 2022. Commencement orders (SI 381/2022 and SI 382/2022) were signed to initiate the provisions in the new legislation with effect from 22nd and 25th July 2022.

I understand that the Deputy may be referring to Section 67 of the Education Act 1998 rather than the Education for Persons with Special Educational Needs Act 2004.

Section 67 of the Education Act 1998 which provides for the NCSE or Tusla Education Support Services (TESS) to designate a school place was also amended under this new legislation. The amended Section 67 has been commenced.

Circular letter 75/2022 which provides information on the commencement of the Education (Provision in respect of Children with Special Education Needs) Act 2022 and commencement of remaining sections of the Education (Admission to Schools) Act 2018 was published in late 2022 - gov.ie - Commencement of the Education (Provision in respect of Children with Special Educational Needs) Act 2022 and Commencement of remaining sections of the Education (Admission to Schools) Act 2018 (www.gov.ie).