Seanad Éireann debate -
Tuesday, 13 Feb 2024

I thank the Minister of State, Deputy Calleary, for being here. I appreciate that he is a very sincere and compassionate person, as well as a public representative. He has a deep understanding at heart of the issues we have here. However, I have to say that I am disappointed that the Minister of State with responsibility for special education and inclusion, Deputy Madigan, is not here. I informed the Cathaoirleach's office that I would be willing to defer this really important matter until the Minister of State, Deputy Madigan, was available. As she is not available, I am happy to proceed. I understand that the Minister of State, Deputy Madigan, is in campaigning mode and that there is a convention coming up. However, when we are dealing with matters relating to quite niche areas such as this, namely, special education, the relevant Minister or Minister of State should be present.

I tabled this matter on foot of a number of different communications I read and listened to. I have no doubt that many Senators received communications from the National Principals Forum. To be fair, we do not get that much communication from the latter. The forum is a very distinguished group, and I am always inclined to read and listen to what its has to say. It is calling for a comprehensive reform of special education teacher, SET, allocations. On my way here this morning, I listened on my local radio station, KFM, to Derval McDonagh from Inclusion Ireland speaking about this same issue.

I take this opportunity thank school communities. Those communities are doing so much work to make our schools more inclusive. They are also trying to ensure that those with special or additional needs have the opportunity to attend their local schools with their siblings and peers. School communities need support from the Government and in the context of policy. An analysis of the special education teacher allocations for the 2024-25 academic year reveals very stark inadequacies in provision for children with special learning needs. This is what the National Principals Forum claims. Some 76.4% of principals report that their SET allocations do not meet the meet the needs of their schools and 81.6% of them questioned the accuracy of the student data.

According to the National Principals Forum, the Department of Education has revealed that children with complex additional needs have been discounted by the algorithm that is used. Some 37% of schools report a reduction in the numbers of their SETs, despite evidence that classrooms have a much higher number of children with additional needs than ever before. This goes totally against the recent National Council for Special Education, NCSE, report in which reference was made to trying to make education inclusive. If what I am talking about proves to be the case, it would mean that children with special needs are going to be pushed into special schools, where the original allocation was, or into SET classes.

There should always be the choice. Children with varying needs will have different capacities, and we should always support the child and support the situation within a school that suits them. Adam Harris has spoken about this too and about that potential to push children from mainstream into special school or special class settings. I note that The Irish Times two days ago reported that "the department has pledged that existing hours assigned for complex needs will be maintained for each school", but what happens when a school has applications from more children than it has had? We need to ensure that there is consistency and that the criterion of complex needs is kept.

I thank Senator O'Loughlin for raising this matter and acknowledge her long-time work in this space.

I stress at the outset that enabling students with additional needs to receive an education appropriate to those needs is an ongoing priority for this Government. The SET allocations provide additional teaching support for students with special educational needs enrolled in mainstream classes in primary and in post-primary. Approximately 98% of all children, including those with special educational needs, are educated in mainstream classes. There has been an increase in the number of full-time SET posts across the country, increasing the overall availability of resources. This is the highest number of SETs ever in our schools. There will be 14,600 SETs supporting mainstream classes in the 2024-25 school year, which is an increase of 1,000 since the end of the 2021 school year.

There has been a limited change to the method used to allocate SETs to mainstream classes. The previous SET allocation model had been in place since 2017. The Department commenced a review of the model in late 2022 to ensure that it was meeting the changing needs in special education. This review involved consulting with unions, management bodies and schools to hear their views on the strengths and shortcomings of the allocation model. That feedback was incorporated into the revised model.

The allocations to schools issued on 6 February last arise from that review. The allocation model for 2024-25 distributes the total available number of SET posts in line with each school's profile of need. The model makes an allocation on the basis of a number of inputs, including enrolment numbers. Children with complex needs are supported in the model by now using school-level data from standardised tests in order to reflect relative levels of overall need. The model also seeks to distribute teaching resources in the fairest possible manner, taking into account as much evidence as possible in respect of individual schools and evidence in respect of the best possible use of resources.

Of schools across the country, 67% have either increased their allocation or retained their previous allocation, but I acknowledge Senator O'Loughlin's remarks in the context of retaining an existing allocation and will bring them to the attention of the Minister, Deputy Foley. Of those schools whose allocation has been decreased, 70% have reduced their hours by five hours or fewer.

The Department is cognisant that the model needs to evolve in order that the SET allocations process takes into account new or improved data sources and other changes within the school system. A phased high-level plan has been compiled to further enhance the model over the coming years. The Department acknowledges that every school is different and that schools can experience unique circumstances that may be difficult to reflect in any standardised method. This is always a challenge when making allocations in respect of 4,000 schools. It is for this reason that the Department, working with the NCSE, has streamlined the review process for special education teachers. Schools that have any concerns can engage with the NCSE on their allocation. I will also bring Senator O'Loughlin's remarks directly to the attention of the Minister, Deputy Foley.

I thank the Minister of State, Deputy Calleary, for his response. I am still somewhat confused. I also have to point out that the allocations to the schools were issued at 11 p.m. on the Friday of a bank holiday weekend, which is simply not good enough.

In terms of the number of SET posts in line with each school's profile of need, if two children with complex needs apply for a place in a school next September, how is that borne in mind in the context of this model? I appreciate that reviews need to happen and that we need to streamline and make the process better for everybody. Managing this process, particularly the cluster process that is there, is difficult. We need a student-first approach. It is sometimes difficult to be a member of a Government party talking about some of the policies that are in place but I will always put children and their families first. We need to put the needs of the students at the heart of things. To be honest, I still believe, despite what the Minister of State has said and the response he has been given by the Minister's office, that we need more clarity. I appreciate that the Minister of State will bring this matter to the attention of the Minister, Deputy Foley, and I ask him also to bring it to the attention of the Minister of State, Deputy Madigan.

I again acknowledge the Senator's expertise in this space. The notification of hours was not ideal and the Department has acknowledged that and apologised. That school profiles are going to be updated every year, as opposed to every number of years, may deal with the issue and ensure the allocations are relevant. However, I will bring the Senator's specific concerns directly to the Minister, Deputy Foley, and the Minister of State, Deputy Madigan.

I too welcome Maggie and her family. I would also like to welcome two transition year students, Aoife and Conor, who are doing work experience with me and who are also in the Gallery. I hope they all have a very good day.

This Commencement matter has been tabled as a result of a lack of clarity, communication and engagement from the Department of Education with Lisdoonvarna secondary school. A number of years ago, Lisdoonvarna secondary school applied for additional accommodation. The Department said the criteria for a new secondary school were met. The secondary school in the area has been in existence for almost 75 years at this stage and we are very anxious to get approval for a new school building. It appears that a site for this new building is being gifted or made available free of charge to the Department of Education but until now, there does not appear to have been much engagement with the Department. It appears there is a blockage. It is inexplicable and there has been no explanation as to why such a blockage can happen. It is not every day of the week - in fact it is a rarity - that a site is gifted for the construction of a public building. It is usually the other way around and if a public building is proposed for a site, the site increases in value. This is a unique situation. My understanding is that people from the Department were supposed to do a site inspection and that was in train but now seems not to be happening or there is at least a lack of communication about the situation in that regard. I know these things take time. I know the process for bringing a school to fruition. In my own hometown of Ennistymon, a school was approved in 2015 and is only being built now. It was supposed to have been available for students last September but now looks like it will not be available until next September. That is the way it is. The cost of building has gone through the roof and a project that was forecast to cost €17 million is probably going to cost twice that amount.

The situation in Lisdoonvarna is concerning. The lack of information and engagement is unacceptable and very concerning. It is not just Lisdoonvarna that will benefit from this facility. The entire north Clare hinterland, from Ballyvaughan to Doolin and Fanore, and areas down along the Burren, will all benefit. The numbers are there. Since the outbreak of the war in Ukraine, a very significant number of Ukrainian children have come to live in Lisdoonvarna.

The community has engaged and welcomed them, but the facilities now need to reflect the good heart and decency of the community that is embracing these children. We need clarity, a timeline and engagement. I sincerely hope the Minister of State will have good news for the people, teachers, parents and, more important, the pupils of Lisdoonvarna who are using the school and will use it going forward.

It is a remarkable school that had no fewer than 14 projects in the Young Scientist competition only a couple of months ago. Each year, they excel in science – and that is just one discipline they excel in. It is a great school and it has great character. It has achieved a huge amount but it could achieve so much more if it had updated and upgraded building facilities.

I thank the Senator for raising this issue around the Mary Immaculate Secondary School in Lisdoonvarna. I am taking this on behalf of the Minister of State, Deputy Madigan, and the Minister, Deputy Foley.

As the Senator knows, this project requires the provision of a new site. The site acquisition process has been progressed in respect of the requirement in question and in line with the standard acquisition protocols. The Department of Education has engaged the services of a site acquisition consultant in order to short-list potential sites. Following an extensive site identification and assessment exercise to identify a permanent site location, a number of site options were identified and are being investigated in conjunction with officials from Clare County Council. A number of potential site options are currently under consideration, and that consideration includes the technical and economic appraisals of all potential site options.

The Senator will appreciate the commercial sensitives attached to site acquisitions such as this. I am not currently in a position to disclose further information but I will make the Minister and Minister of State aware of the Senator’s interest and sense of urgency on this issue.

I think that is reasonably positive news and that people will be happy it is at that level. However, it is only fair and proper that the school be communicated with. Surely, there is somebody in the Department of Education who can provide an update to the school so that it does not have to turn around and run online petitions in order to try to force the issue. It should not be necessary to do that. We are a modern country and there is no excuse whatsoever that people are not kept informed and timelines outlined. It is welcome and I absolutely understand the commercial sensitivities of it. However, I would like, first, that they would communicate with the school and, second, that we have a timeline as to when they expect this process to be concluded.

I thank the Cathaoirleach for selecting this important Commencement matter and I thank the Minister of State for coming to deal with matter of the Government’s enhanced grant scheme for defective concrete blocks. In many ways, the Minister of State is very close to it. It is a major concern in his constituency and I note his commitment to address it. I also note his experiences and how he interacts with his constituents in respect of this important matter.

The reason I raise this is because I had been keeping an eye on the European Parliament petitions committee, which drafted a report. The report is only in draft stage yet; I think there is another bit to go on it and there is certainly comment and feedback on it. No Irish MEP is a member of the petitions committee in the European Parliament, which is interesting in itself, but Irish MEPs have observer status and clearly have looked at the documentation around this. The delegation from this committee travelled to Ireland last year. They investigated issues relating to mica following the submissions of a number of petitions received from Irish citizens. According to the draft report, the delegation found that while the State scheme was, to quote it, “very ambitious and comprehensive” - which is positive commentary by the committee - it should be widened and the red tape reduced.

The EU petitions committee also found that defective blocks problem had led to severe heath, financial and social consequences that need to be tackled as a matter of urgency. We all know that. It is a very traumatic time for anyone in the context of damage to their home but , more importantly, regarding how they are going to rebuild it. There are financial and health considerations. Moving out and finding temporary accommodation are both challenges. There is also the question of from where people will get additional funding if they require it. There are many difficulties in that regard.

The petitions committee also recommended that the role and capacity of the national building and Control and Market Surveillance Office needs to be strengthened, ensuring that it is sufficiently resourced and staffed to carry out its principal function in relation to matters such as this. The committee also stated that "The market surveillance system in Ireland, both at national and local level, needs to be enhanced, adopting a stance that is proactive and persuasive, rather than reactive".

The committee's report is a draft report. We await the final version, but it does flag some concerns. The Commission says it is happy to assist the Government and to support the regions in which affected buildings are located.

This is a very traumatic time for people, particularly those in Mayo, Clare and Donegal. I am not familiar with what is happening in Mayo - the Minister of State may be able to share some information in that regard with us - but walk-in clinics are being run in Clare to assist people to navigate the process and be compliant with it. This is because the process is quite complex. There are supports in place. What we need in the short term is as much support and one-stop-shop clinics to explain matters to people and help them navigate the process.

This is a major issue. If he is in a position to provide it, I would like to hear the Minister of State's initial response to the recommendations in the EU petitions committee's draft report. I would also like him to outline how the Government intends to proceed.

I thank Senator Boyhan for raising this very important issue. He is absolutely right. The level of distress caused by pyrite and mica in defective concrete blocks is extreme, particularly for those families who are having to live through it. On behalf of the Minister, I am in a position to give an update on the two issues raised.

The Department has received a copy of the EU petitions committee's and the Minister, Deputy Darragh O’Brien, is giving consideration to the recommendations it contains. He will also consider the recommendations in the final report when it is received.

When the Minister launched the enhanced scheme, he established an implementation steering group comprising officials from the relevant local authorities, the Department and the Housing Agency and the homeowner's liaison officer. This group met several times in recent months in order to keep the operation of the regulations and guidelines under review. The group is tasked with working through issues as they arise and making recommendations if further changes to the regulations or guidelines are needed.

Part of the implementation steering group’s remit is to produce a six-month report on the scheme. This report on the operation of the enhanced scheme covers the period July to December 2023, that is, the first six months of the scheme. I understand that the group's report will be submitted for the Minister’s consideration very soon. The Minister will give due regard to any recommendations it contains.

Almost 2,000 applications for remediation have been received under the terms of the previous and current schemes. Progress is being made in helping homeowners to fix their homes in order to allow them and their families to move on with their lives. The Senator mentioned the role of facilitators in Clare. Facilitators are also in place in Mayo. They have set up walk-in clinics and are providing advice. It is extremely important that such support is provided. I acknowledge the support that has already been providing by the staff of County Council to the relevant homeowners.

The National Building Control and Market Surveillance Office is a key element of the Government’s building control reform agenda. It will provide centralised oversight, support and direction for the development, standardisation and implementation of building controls across the 31 local authorities and building control authorities.

The Department continues to work with the County and City Management Association and Dublin City Council to ensure that the National Building Control and Market Surveillance Office is properly positioned and supported to provide an optimal shared service to the local authorities. New governance structures have recently been established to provide a formal mechanism for reviewing the delivery of building control and market surveillance functions in local authorities. This will include the establishment of a national steering group for building control and market surveillance to approve and monitor the National Building Control and Market Surveillance Office's work programme. In addition, this steering group monitors and reviews annual budgets and resources for the office.

In relation to staffing, each local authority chief executive is responsible for the staffing and organisational arrangements necessary for carrying out the functions of the local authority for which he or she is responsible. This applies to both the National Building Control and Market Surveillance Office within Dublin City Council and all local building control authorities.

I thank Senator Boyhan for raising this issue and I will keep him informed of the implementation steering group's first implementation report.

That is a comprehensive report. It is helpful and addresses many of the issues that I raised. As I stated at the outset, it is a draft report. The Minister of State has confirmed that the Department has it. The Minister is aware of it.

I was interested particularly in the Minister of State's response in relation to the National Building Control and Market Surveillance Office because that was one of the issues of concern about the appropriate resources. I note the involvement of the city and county managers. I am also well up on devolved functions and powers. Issues such as the appointment of staff are executive functions for the manager or the chief executive.

It is important that we move forward. There is great clarity in that. I look forward to the final report and engaging on a continuous basis with the Minister in relation to this important issue.

I, too, welcome the Minister of State to the House today to have what is an important conversation for a growing number of people in south Kildare on the issue of special school places. I sought this Commencement matter this morning because it was announced by the Minister of State, Deputy Madigan, in early December that four new special schools will be established this coming September and are to be located in Limerick, Meath, Wexford and south Kildare. This was in response, as the Government stated on the day, to the increasing numbers of students with learning needs. The announcement went on to say that these new schools will cater for approximately 120 young people with autism and complex learning needs, initially up to 18 years of age, and will gradually increase numbers over the coming years. The announcement dedicated that the areas where they would be based, as I have said, would be in Limerick city, Enfield in County Meath, Gorey in County Wexford and the south Kildare area.

Most importantly, from my point of view, the statement said that the move followed analysis which found that "the level of need in these ... areas could not be catered for by expanding places in existing ... schools." That is my experience too, and a growing experience for so many families in the south Kildare area. Increasingly, I get calls from worried parents who are being told that there is no place for their loved ones or that the school they are in at present, as is the case in one instance, cannot cope with the complex needs of their loved one. I am sure the Minister of State can imagine the torment and worry that this causes for these parents. For example, one family's loved one has started preschool. They have applied to 12 schools - some, indeed, a fair distance from where their own family home is - but, as they themselves say, they would bring their child anywhere as long as they get the education and supports that they need. Their current school has advised that even if an ASD class were available, they still would not be able to cater for the complex needs of their child. Another family have applied to schools in six different counties seeking a place for their loved one and another family have simply been unable to identify any school that may take their loved one at this particular time. The Minister of State can imagine the worry and pressure that puts on them.

One of the pressures that I wanted to raise - it is something I raised with the Minister, Deputy Foley, previously - is the whole area of the SENOs and the fact that these families are contacting 15, 16 or 17 different schools. The issue I raised with the Minister at the Joint Committee on Autism was whether we could get the SENOs to do that. Could we co-ordinate a plan whereby the SENOs would work with the families rather than the families having to get birth certificates, etc., every time they apply to a school?

There was a positive reply from the Minister, Deputy Foley, on that day, which was approximately this time last year, in which she said she would try to organise that. I hope the Minister of State can bring that back to Minister, Deputy Foley, because it is a complex and worrying issue and takes up a great deal of time. These families are also worried not just about looking after the educational needs but also about the physical and mental needs of their loved ones. This is something which the Government and SENOs need to get more involved in.

Going back to the announcement in December, the Minister stated that the exact location of the school has not yet been revealed but that the Government was hoping to use existing school buildings. I know the former St Paul's School site in Monasterevin in south Kildare would be a location which could accommodate such a school, obviously with modification for needs. These special schools bring with them the necessary professional people needed for the complex needs of so many of the loved ones I have spoken about.

The location of the new school in south Kildare is so important. We have exact locations for the other three schools but south Kildare has just been mentioned as a general geographic area. I am sure the families who are listening today, and all of the families I deal with in growing numbers in the calls I get each week, are seeking to know exactly where in south Kildare that school location would be and, as importantly, if it will be ready for September. They cannot continue to make those 20 and 30 phone calls and cannot continue to travel to schools. I hope the Minister of State can provide some information for them today.

I thank Senator Wall for raising this issue. A priority for this Government is to ensure all children have an appropriate school placement and that all the necessary supports are provided to our schools to cater for the needs of children with special educational needs. It is important to remember that the vast majority of children with special educational needs are supported to attend mainstream classes with their peers.

In 2023, the Department of Education spent more than €2.6 billion on special education. Further progress will be made this year as an additional €113 million will be dedicated to providing supports for children with special educational needs.

In 2024, the number of teaching and SNA posts in our schools will increase, with an additional 744 teachers and 1,216 SNAs added to deliver up to 2,700 new places for children with special educational needs. This will mean we will have in excess of 41,500 qualified and very committed people in our schools who are focused wholly and exclusively on supporting children with special educational needs.

The National Council for Special Education, NCSE, has the responsibility for planning and co-ordinating school supports for children with special educational needs. The Department of Education engages intensely with the NCSE in relation to the forward planning of new special classes and additional special school places. These initiatives are bearing fruit, with more than 1,300 new special classes sanctioned and several new special schools established over the past four years. This forward planning work is well under way ahead of the 2024-2025 school year. This work involves a detailed review of statistical data on forecasting demand for special class places, an analysis of available school accommodation, consideration of improved data sharing arrangements and a particular focus on the provision of special classes at post-primary level.

As Senator Wall has said, the Minister, Deputy Foley and the Minister of State, Deputy Madigan, announced the establishment of a further four new special schools for the 2024-2025 school year, including in south Kildare. These new schools are under the patronage of the local education and training board. This will bring to 11 the number of new special schools established nationwide in recent years.

The Department of Education is continuing to actively explore the accommodation options available to facilitate the establishment of the new special school in south Kildare. This is being advanced as quickly as possible to facilitate the delivery of accommodation for the new school in the 2024-2025 school year. Once this process has been completed, the Department will then be in a position to advise the relevant stakeholders.

It is also expected that the new special school to be established in Enfield in County Meath will help meet the needs of some students from the north Kildare region and other local areas. Both schools will cater for young people with autism and complex learning needs up to the age of 18. The schools have been sanctioned as early as possible as part of advanced planning to meet the needs of students with special educational needs due to start school next September. This was after analysis by the NCSE and the Department of Education found that the level of need in these particular areas could not be catered for by expanding places in existing schools.

This analysis, which Senator Wall referred to, also considered the distances travelled by students to access a special school place. A dedicated working group comprising Department officials, ETB staff and NCSE local staff has been set up to support the establishment of the new school in the south Kildare area. The group meets regularly and continues to work to progress a range of issues related to the development of an admissions policy, staff recruitment and training. I assure the Senator that both the Department and the NCSE will continue to work closely with Kildare and Wicklow ETB to progress this, but I will also raise the issue of SENO collaboration with the Minister for Education, Deputy Foley, and the Minister of State, Deputy Madigan.

I thank the Minister of State. I appreciate that reply. The most important thing we can take from it is that we will have a special school in south Kildare in September. That is the message that needs to go out to the many families who ring me and all public representatives in south Kildare because, as I said in my introduction, when you hear the stories you realise the stress on families. The message is that we will have a school. I have mentioned that there is a location in Monasterevin, County Kildare. There are also locations in Athy, Newbridge and elsewhere that I am sure can accommodate the needs of a special school. What we want is to ensure the school is ready in September because, at this stage, a growing number of parents cannot find a place for their loved one in September. Maybe the Minister of State will relay to the Minister and Minister of State in the Department of Education that we need to ensure the school is up and running in September. I would appreciate it if he also relayed to them my comment on SENOs, which he acknowledged, to the effect that we should work with SENOs and parents to take from the parents the stress of ringing all the schools, preparing all the birth certificates, etc. I thank the Minister of State for his reply. We look forward to the official opening of the school in September.