Lack of special school places down to ministers failing to use law that 'has been on the books for years'

Nicole Hosford, from Cork, was protesting on behalf of her daughter during a sleep-out at the Department of Education office on Marlborough St, Dublin, last week. Picture: Gareth Chaney

Hundreds of special education places could have already been created in the system, but the relevant ministers have failed to use their full legislative powers.

That is according to Graham Manning, an autism class coordinator in Cork, who played a key role in the introduction of the Section 37a legislation.

The law gives the relevant minister the power to compel schools to open special classes. The last time the mechanism was used was in 2021. 

Michael Moynihan, the minister of state for special education, told the Irish Examiner schools will be compelled to open special classes this year.

He said principals and management should be providing places and opening up special classes where there is a need regardless of the size of the school.

Mr Moynihan also said his officials are now working to have 400 new special classes in place for September. To date, just 218 new special classes nationally have been confirmed to open for this September. 

Louise Roche, from Howth, joined other parents, families, and friends protesting for children without suitable special educational needs school placements last week. Picture: Gareth Chaney

Mr Moynihan said: "We need to make sure that there is no culture, or there's no attitude, or there is no reluctance to embrace the opening of special classes. If there is, we need to break them down." 

It comes as parents in Cork prepare to take to the streets to highlight the children across the city and county who do not have school places.

At least 30 parents, along with their friends and family, are to stage a protest in the city this Saturday, starting at Cork City Hall from 2pm.

Last Friday, a protest led by parents whose children have not received an offer of a school place for next year staged a 24-hour sleep-out outside the Department of Education offices to highlight the lack of places nationally.

Mr Manning said the issue of school places and inappropriate school placements is widespread.

“There are kids in special schools who should be in mainstream; there are kids in special classes who should be in special schools; there are kids in mainstream who should be in the aforementioned schools — all who have recommendations, but the parents couldn’t get a space at the time.”

Anita Daynes and her son Leighton, 7,  carried signs to illustrate the amount of children without appropriate school places during the march. Picture: Gareth Chaney

The shortage of places could be solved in 18 months, he believes. However, he is doubtful the Section 37a process will be triggered this year. 

“That law has been on the books for years, and Fianna Fáil had the Department of Education for how long and they didn’t do a thing about it. It's all pretence and posturing.” 

Every single post-primary school has received a letter from the Department of Education, asking them to set up an autism class, he added. 

“That is not yearly planning, that is asking ‘who will do our job for us?’ and then those classes just appear wherever they appear.” 

The classes generally open where there is a need, “but they are not geographically planned", he said.

This leads to schools smaller than their peers often opening more classes, and students having to travel between different catchment areas.

“That is happening all the time. There is no planning.”