Department may force schools to create special classes for pupils with added needs 

Last April, the National Council for Special Education (NCSE) identified a shortfall of 70 specialist placements, comprising 43 special classes and 36 special schools in south Dublin. Picture: PA

The Department of Education has not ruled out using further ministerial powers to force schools to create special classes for those with additional educational needs as work continues to facilitate families in south Dublin.

As of the start of this month, the National Council for Special Education (NCSE) had established 197 special classes for 2020/21, made up of 177 Autism spectrum disorder (ASD) special classes and a further 12 ASD early intervention classes.

Last April, the department received a report from the NCSE regarding south Dublin, with the NCSE Council of the opinion that there was an insufficient number of special class and special school places within the area for September 2020.

It identified a shortfall of 70 specialist placements, comprising 43 special classes and 36 special schools.

The minister of the day has the power under Section 37A of the Education Act 1998 to direct a school to provide additional provision where all reasonable efforts have failed. The second time it had ever been utilised was last October, relating to south Dublin, while the NCSE report last April identified 79 schools which it is considered have the potential to provide additional places.

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— Down Syndrome News 🌍 (@Downsynnews) September 7, 2020

That led to statutory notices being served on 39 schools in the area on June 26 last and the schools were given the opportunity to make representations in respect of the notices served.

According to a departmental spokesperson: "The representations received from the 39 schools are being examined and followed up with the schools. Progress has been made and a number of schools have made commitments to open new special classes in the coming weeks.

"In addition, the NCSE is working with a number of schools to establish additional classes in order to meet the needs of the children involved. Site visits are taking place to assess the capacity of a number of schools to open classes.

"Options are being explored to secure additional special school places in the area."

The spokesperson said that further use of the Ministerial powers could not be ruled out unless progress is made in delivering the extra school places.

"Following completion of the site visits, consideration will be given to next steps including taking further action under S37A should that be required," they said.

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— Department of Children, Disability and Equality (@DeptCDE) July 22, 2020

"The NCSE continues to monitor the availability of and demand for specialist places and liaises with families of the children without a suitable placement."

It said that normally, special class and school places are established with the full co-operation of the schools in areas where they are required but that "there are some parts of the country where the NCSE has faced challenges in ensuring that a sufficient number of special class or school places are available."

Where children do not have a suitable school place, the home tuition grant is payable to their parents as an interim measure until a suitable placement has been secured.

The Department said that since 2011 the number of special classes in mainstream schools has increased almost threefold, with the last Budget allocating €1.9bn for special needs education included provision for an additional 265 special class teachers in 2020.

While it is open to any school to make an application to the NCSE to open a special class, some fee-paying schools that have applied in recent years have had their application turned down on that basis, including Bandon Grammar School in Co. Cork.