Robert O'Donoghue (Dublin Fingal West, Labour)
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269. To ask the Minister for Education and Skills if she will commit to removing the obligation on special needs assistants to undertake an additional 72 hours of work annually, in light of widespread concerns raised regarding the implementation and potential misuse of this requirement, as documented by representative organisations (details supplied); and if she will make a statement on the matter. [26814/25]

Helen McEntee (Meath East, Fine Gael)
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The contractual position in respect of the working hours of SNAs is as outlined in their contracts of employment which were agreed with the school management authorities and the relevant Trade Unions representing SNAs prior to their introduction in 2005. The working week for SNAs is defined in paragraph 2.5 of their contract as follows: "You will be required to work normal classroom hours including class break periods and in addition to attend before and after school in order to help with the preparation and tidying up of classrooms, reception and dispersal of children etc. The hours of work will normally be from [xxxx] to [xxxx] daily during term time."

This standard contract has been designed to be flexible to cater for the different spectrum of working hours across all the various schools including primary, post-primary and special schools. The times are set locally by the school management and will vary from school to school depending on the requirements of the school.

In addition, all SNAs were required to be available for a number of days at the start and finish of each school term not exceeding 12 in total. Under the Croke Park Agreement it was agreed to introduce greater flexibility to the use of these 12 days. These 12 days now equate to 72 hours (pro-rata for part-time SNAs) to be used by schools as an additional bank of hours to be utilised and delivered outside of normal school opening hours and/or the normal school year. This is provided for in Circular 71/2011, which was issued by my department in December 2011. The scope of this circular is for all SNAs employed in recognised Primary, Secondary, Community and Comprehensive Schools and by ETBs.

While my department published Circular 71/2011, it is a matter for local school management (as the employers) to arrange the delivery of the additional hours as the needs of schools and individual students can be diverse. Appendix 1 of Circular 71/2011 provides examples of the type of work that may be undertaken by SNAs within the obligations pertaining to these additional hours.

Separately, my department is working on the first Special Needs Assistants Workforce Development Plan (the plan). The plan is being developed in direct consultation and collaboration with SNAs and other key stakeholders including school leaders, teachers, unions, parents and students, giving all parties an opportunity to provide input.

The work carried out under the plan includes a review of the SNA employment contract and the role of the SNA as set out in Circulars 71/2011and 30/2014. The plan is on course for delivery later this year.

Robert O'Donoghue (Dublin Fingal West, Labour)
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270. To ask the Minister for Education and Skills if she will ensure parity of health and safety leave entitlements between special needs assistants, SNAs, and teaching staff; to explain the rationale for the existing 21-day cap on such leave for pregnant SNAs, a restriction not applicable to teachers; and if she will make a statement on the matter. [26815/25]

Helen McEntee (Meath East, Fine Gael)
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The Safety, Health, and Welfare at Work Act 2005 and the Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007) place an obligation on the employer, as soon as it is notified by the special needs assistant that she is pregnant, to assess any specific risk in the workplace to that special needs assistant and to ensure that the pregnant, post-natal, or breastfeeding special needs assistant is not exposed to any agents, processes or working conditions that will damage either the safety or health of the pregnant special needs assistant and/or that of the developing child.

The special needs assistant should be informed of the results of the risk assessment and the measures to be taken. The detailed arrangement regarding the respective responsibilities of the employer and the special needs assistant in relation to health and safety leave are contained in Sections 17 – 20 of the Maternity Protection Act 1994.

Where a risk has been identified and it is not possible to remove it, protective and preventive measures should be taken to safeguard the health of any special needs assistant to whom the provisions apply, such as:

(a) a temporary adjustment in the working environment of the special needs assistant concerned so that exposure to the risk is avoided, or

(b) in the event that such adjustment is not possible, by moving the special needs assistant to suitable alternative work which does not entail the risk, or

(c) in the event that such alternative work is not available, and having consulted with and received certification from the OHS, by granting the special needs assistant health and safety leave.

Health and Safety Leave will cease when:

(a) the special needs assistant concerned commences maternity leave, or

(b) the special needs assistant is no longer an employee to whom Part III of the Maternity Protection Act, 1994 applies (i.e. she notifies the employer that she is not pregnant, has not given birth within the last fourteen weeks or is not within 26 weeks of the birth and breastfeeding, as defined in the Act); or

(c) the risk ceases.

Currently SNAs are entitled to full salary for the first 21 days while on Health and Safety Leave. This is a statutory entitlement and is noted in Circular 0017/2013 (www.gov.ie/en/department-of-education/circulars/revised-maternity-protection-entitlements-for-special-needs-assistants/).

It is open to the Education Partners to raise any issues with the current agreed terms and conditions of the Health and Safety Leave Scheme at the SNA Industrial Relations Forum. This forum is made up of Fórsa representatives, along with School Management Body and the Department of Education and Youth representatives and provides an opportunity for claims and proposals relating to the salary and other terms and conditions of service for SNAs.

Robert O'Donoghue (Dublin Fingal West, Labour)
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271. To ask the Minister for Education and Skills if she will commit to the introduction of a statutory entitlement to family illness leave for special needs assistants, in line with provisions available to other school staff; and if she will make a statement on the matter. [26816/25]

Helen McEntee (Meath East, Fine Gael)
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Under the Parental Leave Act 1998 and the Parental Leave (Amendment) Act 2006, an SNA can apply for Force Majeure Leave, which is a statutory entitlement, for urgent family reasons.

Circular Letter 0032/2010 (www.into.ie/app/uploads/2019/07/cl0032_2010.pdf) titled ‘Brief Absences for Special Needs Assistants’, Section 4, outlines the current provisions as follows:

• Force Majeure leave allows an SNA leave with pay where for urgent family reasons, owing to an injury or the illness of a family member, the immediate presence of the SNA at the place where the family member is, whether at his/her home or elsewhere, is indispensably required.
• Force Majeure leave is limited to a maximum of 3 days in 12 consecutive months, or 5 days in 36 consecutive months. School Authorities must ensure that these limits are not exceeded.

Robert O'Donoghue (Dublin Fingal West, Labour)
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272. To ask the Minister for Education and Skills if she will consider the removal of the cap on paid leave for special needs assistants, following incidents of assault, as outlined in Circular 0062/2017 (Scheme for Leave of Absence Following Assault for Special Needs Assistants in Recognised Primary and Post-Primary Schools); and if she will make a statement on the matter. [26817/25]

Helen McEntee (Meath East, Fine Gael)
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Under section 24 of the Education Act 1998 (as amended by the Education (Amendment) Act 2012) the board of management is the employer of teachers, SNAs and other staff of the school. The board’s role as an employer includes responsibility for the recruitment and dismissal of teachers, SNAs and other staff within the school, subject to relevant Department circulars, employment legislation and sectoral agreements. The role also includes but is not limited to, health and safety, building, promoting and maintaining positive staff relations.

In accordance with the Safety, Health and Welfare at Work Act 2005, it is the responsibility of individual school authorities to have a safety statement in place in its school and to ensure as far as is reasonably practicable, the safety, health and welfare at work of its employees and those who are in anyway affected by the work activities of the school. The safety statement should identify potential hazards, assess the risks to health and safety and put appropriate provision in place to safeguard the safety and health of employees and pupils.

The body which has statutory responsibility for ensuring that health and safety requirements are met by all employers, including schools, is the Health and Safety Authority (HSA). Guidelines for managing safety, health and welfare at work were developed following consultation with relevant stakeholders and are published on the website of the Health and Safety Authority www.hsa.ie.

The Leave of Absence following Assault Scheme, which is contained in the Department’s Circular Letters 0061/2017 for teachers and 0062/2017 for SNAs, provides for special leave with pay (subject to specified limits) to a teacher or SNA 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.

In March 2025, the department re-commenced a review of the terms and conditions of the current Leave of Absence following Assault Scheme with all Education Partners.

Robert O'Donoghue (Dublin Fingal West, Labour)
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273. To ask the Minister for Education and Skills if she will establish a clearer and more timely system of communication in respect of contract renewals for special needs assistants, as many SNAs report not receiving confirmation of continued employment until the commencement of the school summer holidays; and if she will make a statement on the matter. [26818/25]

Michael Moynihan (Cork North-West, Fianna Fail)
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Enabling children with special educational needs to receive an 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.

It is important to note that SNA contracts are managed by the individual schools as the employer.

Special needs assistant (SNA) allocations for mainstream classes for the 2025/2026 school year are presently being finalised by the NCSE and will be advised to schools in the coming days and in line with previous years’ timelines.

Robert O'Donoghue (Dublin Fingal West, Labour)
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274. To ask the Minister for Education and Skills when the ongoing review of the special needs assistant contract will be completed; if this review will include consideration of updated qualification and skills requirements for the role; and if she will make a statement on the matter. [26819/25]

Michael Moynihan (Cork North-West, Fianna Fail)
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My department has commenced work on the first Special Needs Assistants Workforce Development Plan which includes a review of the SNA employment contract and consideration of the training needs of SNAs. Scheduled for delivery later this year the plan is being developed in consultation with stakeholders including school management bodies and the relevant trade union.

The are five key areas that the plan will address:

– Pillar 1 - Review and development of the SNA role

– Pillar 2 - Establishment of a quality framework

– Pillar 3 - Establishment of a SNA learning and development programme

– Pillar 4 - Supporting SNA recruitment, retention and diversity

– Pillar 5 - Development of a communications strategy

Working groups have been established under each of the five pillars of the plan. The working group under Pillar 4 – Supporting SNA Recruitment, Retention and Diversity is conducting an extensive review of the SNA contract of employment currently set out in Circulars 12/2005 and 15/2005. This will fulfil a commitment under the Building Momentum public service agreement which was deferred to align with work on the plan.

Circular 0051/2019 – Recruitment and Appointment Procedures for Special Needs Assistants (SNAs) sets out the minimum educational requirements for appointment to the post of SNA The working group under pillar 3 of the plan is considering the current minimum educational requirement for entry to the SNA role with a view to determining what change, if any, may be required.

It is intended that the Learning and Development Programme under pillar 3 of the plan will develop actions to support SNAs through training opportunities to build their individual capacity and that of the SNA workforce as a whole . Actions under this pillar will be complemented by the SNA National Training Programme. Following a procurement process, Atlantic Technological University (ATU) St Angela’s College has been awarded the contract for continuation of this course which was first delivered in 2021.

Approximately 2,962 SNAs have completed the SNA National Training Programme to date, with a further 881 SNAs enrolled for the academic year 2024/2025. My department fully funds course fees for SNAs currently employed in recognised schools. Enrolment for the academic year 2025/2026 is now open via the ATU website.

I am pleased that work is progressing well on the SNA Workforce Development Plan which will include actions to deliver an enhanced SNA service to children and young people in our schools.