Special education assessments and ABA provision
Kenny challenged the lack of an appeals mechanism and timely assessments for children with special educational needs, noting that parents were taking cases to court. The Taoiseach defended the State’s approach, saying ABA is available in mainstream schools as well as 12 pilot schools, and acknowledged that universal assessments would take time while citing the assessment entitlement for children under five.
I am glad to see the Taoiseach's annual mark is as clear as ever.
Few things in life are more important to a family than the birth of a child. Few things cause people more confusion than to receive a determination of something that will place that child at a disadvantage. Probably nothing causes more anger and consternation in families than when the State fails in its duty to provide for such children.
As Members meet this morning, approximately 150 cases remain backed up in the High Court involving parents who, by virtue of a no-appeals mechanism, have been forced to bring their cases to court for determination and to have their wishes regarding education for their children followed through. This issue is highly sensitive. Every year, approximately 11,000 children present with special needs nationwide. The Government and the Minister for Education and Science are implacably opposed to any extension of the applied behavioural analysis, ABA, system beyond the 12 pilot schools that were determined by the Minister's predecessor.
No one knows a child better than his or her mother. Although the Constitution purports to treat the children of the nation equally, those children who live close to the 12 ABA units at least have a chance of gaining access to them if it is determined that this constitutes the best education for them. However, this is not the case in the vast majority of other locations nationwide. This causes parents enormous consternation and anger, some of whom are before the High Court as I speak to defend their right to have the State provide the most appropriate education for their children.
Although the Taoiseach has been head of Government for ten years, it takes parents between two and seven years to get an assessment for their children. This constitutes a national scandal.
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I refer to the anger, frustration and consternation with which people are obliged to put up. When will the Taoiseach do something about this issue? Second, why is no appeals mechanism available to parents in respect of their children, thereby forcing them to go to the High Court? A total of 150 cases remain outstanding and an entire industry has been spawned by defending the State with taxpayers' money against the interests of parents who seek an education for their children. I ask the Taoiseach to deal with these two questions.
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Deputy Kenny is well aware the Government does not force anyone into the High Court.
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When parents choose to take a case against the State and the Department or agencies involved are satisfied that what is being provided is correct, the latter must defend the action, which is what has happened in a number of cases. Obviously, to answer Deputy Kenny directly, the Government believes that as each child with autism is unique, such children should have access to a range of different approaches to meet their individual needs. While applied behavioural analysis is one such method used in special classes for children with autism, it is only one. In addition, the findings of the task force on autism, as well as international best practice, support the view that it is not the only option and that a range of approaches should be used, rather than only one. Autism societies in other countries also caution against relying on a single approach and the Government has followed this advice.
The number of special classes for children with autism has increased dramatically in recent years to the extent that, at present, there are more than 270 such classes nationwide. In the absence of the excessive network of special classes that obtained some years ago, 12 centres were approved for funding under the ABA programme. New ABA centres have not been approved in recent years because a network of special classes is now available. Consequently, it is not that the Minister is opposed to extending them but rather a range of special classes now exists.
The Government is committed to long-term funding for the existing 12 projects subject to agreement on certain standards, such as those pertaining to appropriate qualifications for the staff and to the type of educational programmes available to the children. Many ABA tutors have no formal teaching or other professional qualifications and discussions have commenced and are ongoing with Irish autism groups and a number of the pilot centres on this issue.
In addition, the National Council for Special Education, NCSE, is working extremely hard to encourage more schools to accept children with autism. It is experiencing considerable success, either in mainstream classes with resource teachers and special needs assistants, SNA, support, where appropriate, or in special classes if that is the child's parents' preference. Schools that agree to open special classes are allocated additional staff and equipment grants. Moreover, for a number of years, additional accommodation for such classes has been given priority in the building programme. A team of 80 special educational needs organisers has been put in place by the NCSE to help parents secure appropriate places for their children and children who are awaiting a place can also get home tuition paid for by the Department.
There has been under-provision in this area historically. Until perhaps eight years ago, few or no resources were being put into special education in this country, or at least the amount was very small. It takes time to bring the services up to an optimum level but we have been making great improvements and are continuing to put enormous resources into this area.
I have just touched on autism but, in respect of special educational needs generally, there are now thousands of staff working in the education system whereas there used to be only a handful. There are approximately 17,000 staff in our schools working solely with children with special needs compared to a few hundred a few years ago.
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I did not say the ABA system was the only method of providing education to autistic children. In recognising that extra moneys have been pumped into this sector, it seems that the failure of the Government to allow for an assessment system in the first place causes personal consternation and anger among parents of children with special educational needs, be it autism or another condition. That the Government has failed to deliver an assessment system within a short period is the root cause of much of this anger. Can the Taoiseach state what evaluation has been carried out on the pilot schemes in the designated ABA centres? What is the waiting list for ABA pupils in those centres? Has the Government made a definitive decision not to proceed with an expansion of the pilot scheme or are centres to be established in other locations around the country?
In general, the social experiment of putting all the children with special educational needs into mainstream schools is not working as envisaged. Teachers face difficulties due to a lack of resources in spite of increases in the number of special educational needs assistants. Speech and occupational therapists who work in special needs schools are contracted to the HSE and not the Department of Education and Science, although the problem is an educational need as distinct from a medical one. Different holiday regimes apply in the HSE and the Department. It is wrong to suggest that the State is doing all it can when it is clear that the root cause is the failure to carry out assessments. Moreover, there is no post-assessment appeals mechanism that does not require parents to borrow money from credit unions and financial institutions on the pretext of doing up their houses. The money is really intended for individual ABA tutoring, sometimes in the parents' homes.
One of the great scandals of the Governments over which the Taoiseach has presided has been the failure to deal with the root problem, that is, the inability to have an early assessment. I am quite sure that, as a public representative, the Taoiseach has met parents of children with special educational needs, be they autistic or otherwise, whose frustration is caused by the failure of the State to address their needs.
What will the Taoiseach do to enable earlier assessments? Will he introduce an appeals system so parents will not be required to fight their cases against the State in the High Court? How many are on the waiting list for ABA? I understand there are approximately 400. Will the Government extend the pilot scheme to more than 12 units, as it originally proposed? What is the Taoiseach's view on the contracting of specialists, including speech and occupational therapists, to the HSE when they should be contracted to the Department of Education and Science?
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The commitment is for the continuation of the initiatives in the 12 pilot schools. That does not mean that, by extension, there are no new ABA places because ABA is offered in the mainstream schools. The whole point is that ABA is not just available in the pilot units or what will become mainstream schools anyway, but that one can also get that educational opportunity in a mainstream school.
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That is what is happening and it is important that it be understood. ABA, therefore, is available.
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Let us not mislead people. There are 12 pilot schools but the ABA service is available in mainstream schools. Therefore, one does not have to have a pilot school. I know what Deputy——
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Not to the satisfaction of the parents.
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The Taoiseach knows little about it.
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Please, I am responding to Deputy Kenny. I heard Deputy Kenny state he does not believe the placing of pupils with special educational needs in mainstream schools is suitable in all cases. Eight years ago there would have been no more than a few hundred teachers fully involved with special educational needs. Subject to correction, I believe there were approximately 300 or 400. The view of all the experts and in all the reports was that if the children with special needs — there are multiple reasons for such needs — are placed in classes in mainstream schools, they can go to their local school, be with the children they grow up with in their communities, have access to fully qualified teachers and the normal curriculum and integrate with other children from an early age. That is what every report in the 1980s and 1990s suggested should be done in this country.
We started out on that road and there are now approximately 17,000 staff in our schools working solely with children with special educational needs. The Government has made improvements in the area of special education and has made it a major priority. Some €900 million is now being spent on education for students with special needs. Last year or the year before, there was a 40% increase in funding. We have continued to provide resources.
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People are still going to the courts.
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One of the fundamental reasons is to give children an opportunity to get into school.
I accept that there was a poor approach to assessments in the past and that it will take time for us to have assessments for everybody — I am not arguing about that. However, when we held the discussions on the Disability Act 2005, with which I was deeply involved, we proposed a new entitlement in the legislation for assessments for children under five. It came into effect in June 2007 and will ensure children are assessed at an early age. The parents, medics and paramedics say the way to get it right is to make the assessment at a very young age. Deputy Kenny said this himself.
Improvements are also on the way in respect of access to health therapies. The programme's commitment is to use the National Treatment Purchase Fund to provide therapies for children under five who have been waiting for three months. I do not know the precise figure but Deputy Kenny stated there are 400 on the waiting list.
Schools that agree to open special classes get extra staff. Extra accommodation is being made available. I stated 80 special educational needs organisers have been in place to help parents get the appropriate place for their child. If one believes everything is not perfect, one should realise we have made an enormous attempt to deal with the matter.
On co-ordination, Deputy Kenny made the point that both the Health Service Executive and the Department of Education and Science are involved with special educational needs in schools. It is for that reason that I asked the Minister of State at the Departments of Health and Children and Education and Science, Deputy Devins, to assume a co-ordinating role between both Departments in respect of both policy and implementation.