Shónagh Ní Raghallaigh (Kildare South, Sinn Fein)
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1016. To ask the Minister for Education and Skills if she can outline how many times she has used section 37A of the Education Act 2022 from 2017 to date, in tabular form; and if she will make a statement on the matter. [20644/25]

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 1,700 school planning visits in recent months. These planning visits have been key to the NCSE in determining what new provision can be provided. As both I and Minister McEntee recently announced, 399 special classes have now been sanctioned for the 2025/26 school year.

Despite intensive engagement with the NCSE and the identification of available accommodation, one school has not confirmed that they will open additional special classes from September. The NCSE are currently preparing a report on this matter and it may necessary to now begin the process under Section 37A to compel the school to open new special classes.

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.