Gary Gannon (Dublin Central, Social Democrats)
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103. To ask the Minister for Education and Skills the measures her Department is undertaking to ensure the safety of teachers, SNAs and staff working in special needs settings. [30521/24]

Hildegarde Naughton (Galway West, Fine Gael)
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Under section 24 of the Education Act 1998 (as amended by the Education (Amendment) Act 2012) the board of management is the employer of teachers and other staff of the school.

The board’s role as an employer includes responsibility for the recruitment and dismissal of teachers and other staff within the school, subject to relevant Department circulars, employment legislation and sectoral agreements. The role also includes but is not limited to, health and safety, building, promoting and maintaining positive staff relations.

In accordance with the Safety, Health and Welfare at Work Act 2005, it is the responsibility of individual school authorities to have a safety statement in place in its school and to ensure as far as is reasonably practicable, the safety, health and welfare at work of its employees and those who are in anyway affected by the work activities of the school. The safety statement should identify potential hazards, assess the risks to health and safety and put appropriate provision in place to safeguard the safety and health of employees and pupils.

The body which has statutory responsibility for ensuring that health and safety requirements are met by all employers, including schools, is the Health and Safety Authority (HSA). Guidelines for managing safety, health and welfare at work were developed following consultation with relevant stakeholders and are published on the website of the Health and Safety Authority

The Leave of Absence following Assault Scheme, which is contained in the Department’s Circular Letter 0061/2017 for teachers, provides for special leave with pay (subject to specified limits) to a teacher 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 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 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.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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104. To ask the Minister for Education and Skills the reason the POD system in schools no longer has the function that allows schools to enter anonymised data on children accessing SET or additional resources; and the reason this facility was not expanded prior to the review of SET allocations. [29883/24]

Hildegarde Naughton (Galway West, Fine Gael)
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I would like to thank the deputy for the question.

Prior to the introduction of the SET Model in 2017 data was collected via Primary Online Database (POD) on children who received support.

When the SET model was introduced these input fields were removed as there was no longer a requirement for the data .

Some data continued to be collected on an anonymised basis.

As part of the review of the SET allocation model this data was reviewed as a potential source for inclusion in the revised model, however the consistency and availability of the data resulted in this not being possible at this point in time.

The department, along with stakeholders, are cognisant that the model needs to continue to evolve so that the allocations process takes into account new or improved data sources and other changes within the school system.

As part of the recent review of the SET allocation model, my department is very much aware that additional data is available in individual schools which may not be available consistently across all schools and a key focus of the roadmap is to develop an accurate and verifiable system to capture such data. The use of Primary Online Database (POD) and the Post Primary Online Database (PPOD) will be investigated as a vehicle for such data.

A phased high level plan has been compiled to further enhance the model over the coming years. The department intends to undertake further detailed consultations with our education partners in the development of future enhancements to the model. The initial focus will be on areas such as:

• Development of a revised process for resourcing new schools and those in early stages of development
• Development of a mechanism for transfer of resources from primary to post primary based on changing demographics
• Examination of geographically isolated schools
• Examination of additional potential data sets already available in schools or other areas within the early years settings that could support greater sensitivity in the model.
• Delivery of a package of training and supports on the use of the continuum and education passports

Joan Collins (Dublin South Central, Independents 4 Change)
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105. To ask the Minister for Education and Skills further to Parliamentary Question No. 224 of 28 May 2024, and her statement that the National Council for Special Education (NCSE) is working with the mother of the young child trying to get a school placement (details supplied), if she will liaise with the NCSE to attempt to find a place for the child in the new school. [30279/24]

Hildegarde Naughton (Galway West, Fine Gael)
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I understand that this is an anxious time for parents who are seeking a school place for their child for September and I would like to assure the Deputy that this government is determined to alleviate the pressures faced by parents when seeking a special educational placement.

The National Council for Special Education (NCSE) has advised my department that the local special educational needs organiser (SENO) is working closely with the family regarding options for school placements for the student.

The NCSE remains fully committed to supporting the family in their efforts to secure a suitable educational placement for the student. They are in ongoing contact with the relevant schools and will continue assisting the family until an appropriate placement is secured.

As Minister for Special Education & Inclusion, I am determined to ensure that all children who require a placement can access this as quickly as possible. I am meeting with NCSE every week to discuss progress being made and work plans to ensure that every child has a school place for the coming term.

I referenced earlier that this government is committed to alleviating the pressures faced by parents seeking a special educational placement.

Significant additional resources and funding of €13 million have been allocated to the NCSE to allow for the expansion of its services, which will bolster the level of service and provide effective structures to relieve this pressure on parents.

Additional administrative support staff, team managers and other professionals are also being employed to allow SENOs concentrate on working directly with schools and families.