Pádraig Rice (Cork South-Central, Social Democrats)
Link to this: Individually | In context | Oireachtas source

482. To ask the Minister for Education and Skills further to Parliamentary Question No. 480 of 27 March 2025, to clarify whether the terms and conditions of the non-statutory leave of absence following assault scheme for teachers and SNAs are in line with what is currently being applied across the public sector; if the paid leave available is consistent with other professions in the public sector, namely the Gardaí and prison officers; and if she will make a statement on the matter. [16727/25]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The scheme for Leave of Absence following Assault (LOAFA) was agreed for teachers and Special Needs Assistants (SNAs) between Management bodies of schools, Unions, the Department of Public Expenditure, National Delivery and Reform and the Department of Education, and came into effect from 1 September 2017, on a pilot basis. The provisions of the scheme are contained in Department Circulars 0061/2017 (teachers) and 0062/2017 (SNAs).

Under the scheme, Leave of Absence following Assault may be granted to a teacher/SNA who is unable to perform his/her duties due to a physical injury following an assault in the course of the teacher’s duties and during approved school activities.

As set out in the circulars, assault is defined as physical contact from a third party causing physical injury to a Teacher or SNA in the course of their duties and during approved school activities. The third party can, for example be a student, a parent or a member of staff who causes a physical injury to the Teacher or SNA as a result of physical contact. The circular does not require that there be an intent to cause a physical injury, or that it be established that there was an intent to cause a physical injury, merely that there was physical contact from a third party which caused an injury to the Teacher or SNA.

Prior to the introduction of the above scheme, incidents of assaults were dealt with under the provisions of the Sick Leave Scheme with due regard to paid sick leave thresholds, and under Department Circulars 40/1997 (Primary Schools) and M18/99 (Post Primary Schools) which outlined the procedures to be followed where a teacher/school employee was a victim of violence in the school. Such incidents were reported to the management authority of the school and records in relation to the assault were held in the school.

As is the case with all non-statutory leave, each scheme is tailored to the needs of each individual sector following detailed consultation with the relevant stakeholders. It would be inappropriate for this Department to comment on the terms and conditions determined for other sectors, as their business needs may differ from those of the education sector.

Danny Healy-Rae (Kerry, Independent)
Link to this: Individually | In context | Oireachtas source

483. To ask the Minister for Education and Skills if five mainstream teachers will be retained at a school (details supplied); and if she will make a statement on the matter. [16793/25]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The key factor for determining the level of staffing resources provided at individual school level is the staffing schedule for the relevant school year and pupil enrolments on the previous 30 September.

The staffing process contains an appeals mechanism for schools to submit a staffing appeal under certain criteria to an independent Primary Staffing Appeals Board. The school referred to by the Deputy submitted an appeal to the March meeting of the Appeals Board. The appeal was refused as the Appeals Board found that the grounds of the appeal did not warrant the allocation of a teaching post on appeal. The Appeals Board operates independently of the Department and its decision is final.