Paul Donnelly (Dublin West, Sinn Fein)
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52. To ask the Minister for Education and Skills if she will consider a change in the terminology assault leave to injury leave in the case where a teacher is injured by a pupil in a special school as the children do not intend to harm and the current terminology is upsetting for the children and their parents. [27415/24]

Norma Foley (Kerry, Fianna Fail)
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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 0062/2017 for SNAs, provides for special leave with pay (subject to specified limits) to a teacher or special needs assistant 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.

The leave available under the Scheme for Leave of Absence following Assault is 3 months (92 days) at full pay in a rolling 4-year period. In exceptional cases, such as where a significant period of hospitalisation is required or in situations of a second or subsequent incident of assault, the leave may be extended for a further period not exceeding 3 months (91 days) at full pay, subject to an overall limit of 6 months (183 days) at full pay in a rolling 4-year period. Any subsequent absence will be dealt with under the Sick Leave scheme.

As set out in the circulars, assault is defined as physical contact from a third party causing physical injury to a teacher/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/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/SNA.

As part of the general management of the Department circulars, the Department will carry out a review of its existing circulars, such as the circular setting out the Leave of Absence following Assault Scheme. This process includes engaging with the relevant school Management Bodies and Unions to seek their comments and observations around the provisions set out in the circulars. The Department will consider the views provided by the Management Bodies and Unions and will seek to incorporate those views where possible. The Department may also engage with the Department of Public Expenditure, NDP Delivery and Reform where required. Engagement between the Department and the school Management Bodies and the Unions has taken place with regards to the circular setting out the Leave of Absence following Assault Leave for both Teachers and SNAs. However at this time, the process has not yet concluded.