Holly Cairns (Cork South West, Social Democrats)
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808.To ask the Minister for Education and Skills if she has engaged with disability groups in regard to concerns about a lack of consideration towards disabled students in schools' codes of behaviour; and if her Department would review the guidance being given to schools in how to put together these codes. [32814/24]

Hildegarde Naughton (Galway West, Fine Gael)
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In 2023 Tusla Education Support Service (TESS) set up a national steering committee to guide the review and updating of the current Guidelines for Schools in relation to a Code of Behaviour. TESS has a statutory remit for this work under the Education (Welfare) Act 2000.

The Department is working closely with TESS on the revised Guidelines and is represented on the steering committee. The steering committee is representative of the various stakeholders in education and includes the National Association of Boards of Management in Special Education (NABMSE), whose sole focus is special educational needs, the National Parents Council and the National Council for Special Education.

To ensure that the revised Guidelines will accommodate the unique needs of children with special needs, consultations have taken place with special schools and schools with special classes. Additionally, to ensure best practice and a research-informed approach to understanding and managing behaviours is reflected in the revised Guidelines, Middletown Centre for Autism has played a key role in the review process. Exemplars have been prepared to assist schools in understanding a broad range of children's behaviours and the communicative nature of dysregulated behaviours when they occur. A number of advocacy groups have been consulted and further engagements are planned. It is important to note also that children and young people in special classes and in special schools have been consulted over the past six months.

TESS and this Department are very committed to ensuring that their voices will be represented in the revised Code of Behaviour Guidelines for all schools. TESS is continuing to have a series of consultative engagements with organisations, bodies and advocacy groups for students with special educational needs and feedback will assist in informing the final version of the revised Guidelines. The revised Guidelines will include links to publications currently being prepared by the Department and the National Council for Special Education in areas relating to special educational needs and behaviours.

An initial draft of the new Guidelines has been prepared. Feedback from the national steering group on the draft is very positive in relation to how the needs of all children including those of children with special educational needs can be accommodated. There will be structured and updated guidance in relation to suspension and expulsion. It is also intended that the new Guidelines will provide guidance also in relation to ways of communicating a school code of behaviour with children with a diverse range of needs and with members of the school community including parents/guardians/carers whose needs may also be diverse.

The Department will continue to work closely with TESS on the revised Guidelines to ensure that they address the needs of all children, including children with special education needs.

Holly Cairns (Cork South West, Social Democrats)
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809.To ask the Minister for Education and Skills if her attention has been drawn to the level of instances of disabled children being expelled or suspended; if her Department has issued guidance to schools and boards of management in relation to inclusion of people with disabilities on boards of management; and if she will make a statement on the matter. [32816/24]

Hildegarde Naughton (Galway West, Fine Gael)
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The Educational Welfare Service (EWS) is part of Tusla Education Support Service (TESS) and operates under the Education (Welfare) Act, 2000, a piece of legislation that emphasises the promotion of school attendance, participation and retention.

The EWS is a statutory service and its primary role is to ensure that every child either attends school regularly or otherwise receives a certain minimum education and to ensure and secure every child’s entitlement to education.

In 2023, TESS set up a national steering committee to guide the review and updating of the current Guidelines for Schools in relation to a Code of Behaviour. TESS has a statutory remit for this work under the Education (Welfare) Act 2000.

My department is working closely with TESS on the revised guidelines and is represented on the steering committee. The steering committee is representative of the various stakeholders in education and includes the National Association of Boards of Management in Special Education (NABMSE), whose sole focus is special educational needs, the National Parents Council and the National Council for Special Education (NCSE).

To ensure that the revised guidelines will accommodate the unique needs of children with special needs, consultations have taken place with special schools and schools with special classes. Additionally, to ensure best practice and a research-informed approach to understanding and managing behaviours is reflected in the revised guidelines, Middletown Centre for Autism, has played a key role in the review process. Exemplars have been prepared to assist schools in understanding a broad range of children's behaviours and the communicative nature of dysregulated behaviours when they occur. A number of advocacy groups have been consulted and further engagements are planned. It is important to note also that children and young people in special classes and in special schools have been consulted over the past six months.

TESS and my department are very committed to ensuring that their voices will be represented in the revised Code of Behaviour Guidelines for all schools. TESS is continuing to have a series of consultative engagements with organisations, bodies and advocacy groups for students with special educational needs and feedback will assist in informing the final version of the revised guidelines. The revised guidelines will include links to publications currently being prepared by my department and the NCSE in areas relating to special educational needs and behaviours.

An initial draft of the new guidelines has been prepared. Feedback from the national steering group on the draft is very positive in relation to how the needs of all children including those of children with special educational needs can be accommodated. There will be structured and updated guidance in relation to suspension and expulsion. It is also intended that the new guidelines will provide guidance also in relation to ways of communicating a school code of behaviour with children with a diverse range of needs and with members of the school community including parents/guardians/carers whose needs may also be diverse.

The department will continue to work closely with TESS on the revised guidelines to ensure that they address the needs of all children, including children with special education needs.

Holly Cairns (Cork South West, Social Democrats)
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810.To ask the Minister for Education and Skills if she will introduce statutory regulations around the use of seclusion and restraint in schools to ensure the safety and protection of all students; and if she will make a statement on the matter. [32817/24]

Hildegarde Naughton (Galway West, Fine Gael)
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I wish to thank the Deputy for her question. My Department is working to finalise guidelines on Understanding Behaviours of Concern and Responding to Crisis Situations. The Guidelines are designed to develop and enhance schools’ understanding of behaviours of concern and to assist them in managing crisis situations.

The Guidelines focus on the prevention, early intervention, and de-escalation measures which schools should adopt. Additionally, the Guidelines detail how schools should respond in crisis situations where behaviours pose imminent danger of serious physical harm to self or others within the school environment.

The Guidelines are 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. They focus on creating inclusive environments which can respond to need and build on good practice including prevention and de-escalation.

These Guidelines also address uncertainty for staff on how to respond when facing crisis situations where there are concerns regarding physical safety. The Guidelines make clear that physical intervention may be employed only as the last part of a comprehensive, positive, and planned behavioural approach by the school.

In developing the guidelines, the expert working group reviewed national and international legislative requirements, school governance structures and duty of care considerations directly related to supporting the wellbeing and safety of students and staff.

It is expected the Guidelines will be finalised and published for the commencement of the next school year (September 2024).

Aligned to the publication will be a training programme consisting of 3 levels. Special schools will be prioritised in respect of training opportunities.

Outline of Training Plan for Guidelines:

• Training for All Schools- Online webinars and a number of face-to-face information sessions will be held in Education Centres. The online webinars will be for teachers and, separately, for parents.
• Training for Some Schools- NCSE training is provided, on request, to schools on behaviour. All training programmes provided by NCSE will take full account of the key messages in the guidelines.
• Training for a Few Schools– Procured external training on de-escalation and physical restraint. This training will be provided in the first instance for schools which demonstrate a clear need for this training. However, it will be ultimately be available to all schools who require same.

The Department is committed to monitoring and reviewing the implementation of the Guidelines in schools once published and to updating them as necessary on foot of the outcomes of the monitoring and review. A final decision as to whether the Guidelines should be placed on a statutory basis will be informed by the outcomes of schools’ engagement with them.