Written answers
Thursday, 27 February 2025
Department of Education and Skills
Special Educational Needs
Catherine Ardagh (Dublin South Central, Fianna Fail)
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249. To ask the Minister for Education and Skills the total number of times section 37a of the Education Act 1998 was used; the reasoning for its use, in tabular form; and if she will make a statement on the matter. [8951/25]
Michael Moynihan (Cork North-West, Fianna Fail)
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Enabling children with special educational needs to receive an appropriate education is a priority for this government. It is also a key priority for my department and for the National Council for Special Education (NCSE).
The vast majority of children with special educational needs are supported to attend mainstream classes with their peers. Where children with more complex needs require additional supports, special classes and special school places are provided.
Section 37A of the Education Act, 1998 gives powers to the Minister to compel a school to provide additional provision. Under urgent legislation enacted in 2022 – the Education (Provision in respect of children with special educational needs) Act 2022 - this can happen within a period of 6 to 8 weeks of receiving a detailed report from the NCSE advising of a lack of provision in a certain area. It also provides for a more streamlined Section 37A process. This provision, as provided for in the amended Section 37A has not been required to be used since the 2022 legislation was introduced, and is a direct result of collaboration at a local level between my department, the NCSE and schools.
Prior to the introduction of new legislation in 2022, the Section 37A process had been used to secure additional special class provision on two occasions in Dublin.
Should the provision be required I will actively consider the use of Section 37A of the Education Act as it is important we do everything within our power to ensure children with special educational needs have an appropriate placement for the coming school year.
There are currently 3,336 special classes nationwide. Budget 2025 provides funding for another 400 special classes and 300 special school places nationwide.
The NCSE has completed over 1,000 school planning visits in recent months. These planning visits have been key to the NCSE in determining what new provision can be provided. 209 special classes have already been sanctioned for the 2025/26 school year. It is expected that the NCSE will sanction the remainder of new special classes for the 2025/26 school year in the coming weeks.
Parents seeking special class placements for their children are advised to contact the NCSE locally for planning purposes. Local SENOs are available to assist and advise parents and can provide details on schools with available special educational places. Parents may contact SENOs directly using the contact details available on the NCSE website. As the NCSE progress the sanctioning of new special classes over the coming weeks they will advise parents in turn on the location of new special classes for the 2025/26 school year.
My department and the NCSE are committed to ensuring that sufficient special education placements remain available for children with special educational needs.
Catherine Ardagh (Dublin South Central, Fianna Fail)
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250. To ask the Minister for Education and Skills the schedule of building works of autism units and special schools being carried out and completed to ensure provision for special education school places for September 2025, in tabular form; and if she will make a statement on the matter. [8952/25]
Michael Moynihan (Cork North-West, Fianna Fail)
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My department is providing significant additional capacity at special schools across the country, with 80 building projects at special schools at various stages of planning and delivery. This represents capital investment at over 50% of all special schools. These projects will provide almost 750 additional and modernised classrooms for children with special education needs. Construction is currently underway at 15 schools, with a total project value in excess of €155m. This includes new buildings for existing special schools in areas such as Mullingar, Stillorgan, Galway City, Portlaoise, Newbridge, Letterkenny and Loughlinstown. My department will continue to prioritise the delivery of building projects at special schools as part of the rollout of its school building programme.
My department and the National Council for Special Education (NCSE) reviewed the forward planning for special education needs (SEN) and highlighted the urgent need for additional SEN special classes. In order to respond to this need at pace, my Department is progressing urgent building projects that involve the repurposing of existing space in schools for SEN purposes. These projects will ensure that existing school capacity is optimised and that teaching spaces are adaptable and flexible to facilitate a student-centred approach to learning. Potential repurposing options will be school and site specific, presenting different opportunities and challenges. To support the delivery of these classes in good time for the 2025/26 school year a new streamlined approach to funding is available to repurpose accommodation for SEN. A SEN Start Up grant of €30,000 for each new SEN classroom sanctioned and opened for the 2025/26 school year will be payable to the school directly following receipt of NCSE notification of sanctioned classes. My department has commenced issuing the first tranche of these payments to schools. Additional funding for small scale repurposing works up to a maximum of €70,000 per class is also available to schools on an application basis. Further information on SEN repurposing supports can be accessed on www.gov.ie.
In reference to building works at special schools and for special classes to provide additional capacity for the 2025/26 school year, my department will continue to prioritise the delivery of these projects as part of the rollout of the school building programme. My department is working closely with the NCSE and with schools to ensure that the required provision is in place, and to contingency plan in mitigation of any risks of delay.
The current status of all projects is listed on a county-by-county basis at www.gov.ie. and this is updated on a regular basis to reflect project progress through the various stages of capital appraisal, site acquisition, design, tender and construction.
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