Department to use legislative powers to open more special classes for next school year

The National Council for Special Education has sanctioned 218 new special classes for the coming school year.

Legislative powers “can and will be used” to open additional special classes for September 2025 if schools do not agree, the Department of Education has confirmed.

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

So far, approximately 220 new special classes are confirmed to open this September. Officials are working to open up to 400 classes.

Legislation referred to as Section 37a introduced in 2018 grants the relevant ministers the power to compel schools to open a special class where there is a need.

To date, the Section 37a mechanism has been used on two occasions, at primary level and both in Dublin, a spokeswoman for the Department of Education confirmed. It was used in 2019, to establish primary special classes in West Dublin and in 2020 to establish primary special classes in South Dublin.

New legislation was enacted in 2022 to “streamline” the process to ensure that, if required, it will result in a shorter process.

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“The Department and (National Council for Special Education) NCSE are absolutely committed to the use of the section 37a process if required in 2025,” she added.

While it is the preferred option to work in co-operation with schools and parents, the “the 37a process can and will be used if schools do not agree to open the additional classes in a timely manner for September 2025,” she added.

“Ultimately, Ministers [Helen] McEntee and Moynihan will not hesitate to invoke section 37a where necessary.” Forward planning is underway for the 2025/26 school year, she added. 

"This work involves a detailed review of statistical data in relation to 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." 

"This analysis is conducted across 314 school planning areas around the country." 

The NCSE has sanctioned 218 new special classes for the coming school year, she added. 

"The vast majority of these special classes are to support children with autism. The NCSE is working closely with schools and school patrons to confirm further new special classes as soon as possible. At local level the NCSE will keep parents informed as new special classes are sanctioned." 

Parent protests

This Saturday, parents are to take to the streets of Cork to highlight the number of children across the city and county who do not have school places for this September. 

At least 30 parents, along with their friends and family, are to stage a protest in the city, 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. 

In a statement, Mr Moynihan said he has been engaging intensively with the Department and NCSE on the provision of special classes and special school places since being appointed. 

"To date, 218 special classes have been sanctioned, including several in the Mallow area. Work is also advanced on opening a new special school in the north city area of Cork, which will also add additional capacity. There will be more classes sanctioned over the coming weeks as well. This will hopefully create the places needed for children still awaiting a class.

"I'm acutely aware that this is a very stressful and difficult time for parents and it is a top priority of mine as Minister to ensure these timelines are vastly improved as parents should not be left waiting and wondering where their children will be going to school.

"I'm confident that over the coming weeks that the capacity required will be made available, and I'm working closely with the Minister for Education, Helen McEntee, on this. We will not hesitate to invoke Section 37 where necessary to ensure there are sufficient places for children."