Pearse Doherty (Donegal, Sinn Fein)
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295.To ask the Minister for Education and Skills if her Department plans to change assault leave legislation for teachers and special needs assistants who work with children with additional needs; and if she will make a statement on the matter. [24978/24]

Norma Foley (Kerry, Fianna Fail)
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The Leave of Absence following Assault Scheme, which is contained in the Department’s Circular Letter 0061/2017 for teachers and 0062/2017 for SNAs, provides for special leave with pay (subject to specified limits) to a teacher or special needs assistant who is unable to perform their duties due to a physical injury following an assault that happened in the course of their duties and during approved school activities.

The leave available under the Scheme for Leave of Absence following Assault is 3 months (92 days) at full pay in a rolling 4-year period. In exceptional cases, such as where a significant period of hospitalisation is required or in situations of a second or subsequent incident of assault, the leave may be extended for a further period not exceeding 3 months (91 days) at full pay, subject to an overall limit of 6 months (183 days) at full pay in a rolling 4-year period. Any subsequent absence will be dealt with under the Sick Leave scheme. When calculating a teacher’s/SNA's entitlement, any Assault Leave/Leave of Absence following Assault granted in the previous four years from the current absence will be taken into account in determining access to leave under this scheme.

A Leave of Absence following Assault ends on:

The ceasing of the certification by a duly qualified medical practitioner of the physical injury; or

the maximum leave limits available under this scheme being exhausted;

or certification of fitness to return to duties.

A teacher or SNA who has exhausted the maximum period of paid leave under the Scheme for Leave of Absence following Assault and who is still medically unfit to resume duty may avail of Sick Leave under the Sick Leave scheme, subject to the normal rules of that scheme.

As part of the general management of the Department circulars, the Department will carry out a review of its existing circulars, such as the circular setting out the Leave of Absence following Assault Scheme. This process includes engaging with the relevant school Management Bodies and Unions to seek their comments and observations around the provisions set out in the circulars. The Department will consider the views provided by the Management Bodies and Unions and will seek to incorporate those views where possible. The Department may also engage with the Department of Public Expenditure, NDP Delivery and Reform where required. Engagement between the Department and the school Management Bodies and the Unions has taken place with regards to the circular setting out the Leave of Absence following Assault Leave for both Teachers and SNAs. However at this time, the process has not yet concluded.

Claire Kerrane (Roscommon-Galway, Sinn Fein)
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296.To ask the Minister for Education and Skills the reason primary school teachers cannot transfer from one permanent post to another permanent post in the profession; what the rationale for same; if she will agree to examine the matter given the impact it has on teachers (details supplied); and if she will make a statement on the matter. [24989/24]

Norma Foley (Kerry, Fianna Fail)
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The recruitment and appointment of teachers to fill teaching posts is a matter for individual school authorities, subject to procedures agreed under Section 24 of the Education Act 1998 (as amended by the Education (Amendment) Act 2012). In that regard, there are more than 3,000 individual employers at primary level (boards of management of primary schools as well as ETBs).

The core function of the redeployment arrangements is to facilitate the redeployment of surplus permanent teachers to other schools where vacancies exist. Thereafter, schools are required under the panel arrangements to fill permanent vacancies from supplementary panels comprised of eligible fixed-term (temporary/substitute) and part-time teachers.

The teacher redeployment arrangements are reviewed annually by my Department involving the education stakeholders, including teacher unions and management bodies. As part of the review, the education stakeholders can raise issues or concerns with the Department in relation to the operation of the redeployment process generally. It is open to members of the school community to liaise with their representative bodies on any matters of concern they may have.

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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297.To ask the Minister for Education and Skills if her Department plans to change assault leave legislation for teachers and special needs assistants who work with children with additional needs; and if she will make a statement on the matter. [24997/24]

Norma Foley (Kerry, Fianna Fail)
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The Leave of Absence following Assault Scheme, which is contained in the Department’s Circular Letter 0061/2017 for teachers and 0062/2017 for SNAs, provides for special leave with pay (subject to specified limits) to a teacher or special needs assistant who is unable to perform their duties due to a physical injury following an assault that happened in the course of their duties and during approved school activities.

The leave available under the Scheme for Leave of Absence following Assault is 3 months (92 days) at full pay in a rolling 4-year period. In exceptional cases, such as where a significant period of hospitalisation is required or in situations of a second or subsequent incident of assault, the leave may be extended for a further period not exceeding 3 months (91 days) at full pay, subject to an overall limit of 6 months (183 days) at full pay in a rolling 4-year period. Any subsequent absence will be dealt with under the Sick Leave scheme. When calculating a teacher’s/SNA's entitlement, any Assault Leave/Leave of Absence following Assault granted in the previous four years from the current absence will be taken into account in determining access to leave under this scheme.

A Leave of Absence following Assault ends on:

The ceasing of the certification by a duly qualified medical practitioner of the physical injury; or

the maximum leave limits available under this scheme being exhausted;

or certification of fitness to return to duties.

A teacher or SNA who has exhausted the maximum period of paid leave under the Scheme for Leave of Absence following Assault and who is still medically unfit to resume duty may avail of Sick Leave under the Sick Leave scheme, subject to the normal rules of that scheme.

As part of the general management of the Department circulars, the Department will carry out a review of its existing circulars, such as the circular setting out the Leave of Absence following Assault Scheme. This process includes engaging with the relevant school Management Bodies and Unions to seek their comments and observations around the provisions set out in the circulars. The Department will consider the views provided by the Management Bodies and Unions and will seek to incorporate those views where possible. The Department may also engage with the Department of Public Expenditure, NDP Delivery and Reform where required. Engagement between the Department and the school Management Bodies and the Unions has taken place with regards to the circular setting out the Leave of Absence following Assault Leave for both Teachers and SNAs. However at this time, the process has not yet concluded.