Emer Currie (Dublin West, Fine Gael)
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237. To ask the Minister for Education and Skills if she will consider renaming the leave of absence following assault scheme to more appropriately reflect the complex and unintentional nature of incidents in special education settings; and if she will make a statement on the matter. [36887/25]

Helen McEntee (Meath East, Fine Gael)
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The Leave of Absence following Assault Scheme, which is contained in the department’s Circular Letter 0061/2017 for teachers and Circular Letter 0062/2017 for SNAs, provides for special leave with pay (subject to specified limits) to a teacher/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.

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.

In March 2025, the department commenced a review on the current terms and conditions of the Leave of Absence following Assault Scheme for teachers and SNAs. This review involves negotiations with the Education Partners, whereby Management Bodies and the relevant Trade Unions are given the opportunity to provide comments and observations on the current scheme. Following this consultation with the Education Partners, comments and observations will be considered as the process advances.

As with current practice, any amendments to the terms and conditions of employment for teachers and SNAs are normally outlined by way of a Circular Letter, following these detailed consultations and negotiations with the Education Partners.

The Department has established a working group to develop guidelines for schools on the prevention and management of challenging behaviour, where such behaviour poses imminent danger of serious physical harm to self or others within the school environment. The guidelines, titled "Understanding Behaviours of Concern and Responding to Crisis Situations Guidelines for Schools in Supporting Students" are contained in Circular 81/2024.