Is the Minister of State, Deputy Byrne, taking this as well?

Yes.

I was not informed that there would not be a Minister from the Department of Education and Youth.

Senators should be informed.

It is a little disappointing.

I was not aware of a rule that applies to special schools only, which is that students must complete their education in the year that they turn 18, until I was contacted by the parents of a young lad who is 17 at the moment. He is in a special school. He attended a mainstream primary school until he was 12 or 13. He had been diagnosed with moderate to severe autism and it was felt that his education needs would be better served in a special school.

He started special school in September 2021. This year, when he went back to school and turned 17, his parents were informed that this would be his final year in the school. They were quite surprised because they thought he would have another year. If he had stayed in mainstream school, he could have had six years of education. Most students now do, or have the option of doing, transition year and most students are now 19 or approaching it before they finish school. He will be 17 when he finishes school in June. He will turn 18 during the summer and they feel it is too young for him. They were surprised by it. They have appealed it through the school principal, but the appeal will not be heard until March or April and they feel that is too long.

They will have this uncertainty hanging over them from when they received the letter in September until March or April of this year. For a young person who is autistic, routine is vital, as is planning for any change. They have been unable to do that with him because they do not want him to prepare for leaving school and going on to something else given that we hope he will get the year at school. That is their preference. They have done some preparation, but they do not want to do too much in case it does not happen.

Why is this the situation? As I said, most children are now five when they start school. They do eight years in primary school and six years in secondary school so they are 19 or approaching 19 when they leave school. It seems a little unfair that children in a special school setting are told they must complete their education in the year they turn 18. Why does this anomaly exist? Can it be addressed to allow them to stay at least until they are 19? There is an appeals process, but it takes too long and it is too late in the year for many students. I am not sure how many are affected. I am sure it is not a huge number, but I am also sure it would not be a big issue to change it to allow students to stay in school until they are 19.

When I was teaching, I taught in a mainstream school, but there were many students there with additional educational needs and one student celebrated her 21st birthday while at school. There was no issue. She had repeated school years in primary school, which left her a little older, but there was no issue with it. There was no rule that she had to leave at the age of 18 or 19. The same should apply to special schools.

Enabling students with special educational needs to receive an education that meets their needs is a priority for the Government. It is also a key priority for the Minister, the Department and the National Council for Special Education, NCSE. The NCSE is the statutory body responsible for the provision of special education and allocating supports for students with special educational needs.

Special schools funded by the Department are classified as primary national schools. They are intended, in accordance with the provisions of rule 64(1) of the rules for national schools, to provide an education to children and young people with special educational needs aged from four years until the end of the school year in which they reach their 18th year. Special schools may, however, seek approval from the Department for an exemption from the rule in respect of students over 18 who are pursuing learning programmes leading to accreditation that align with the national qualifications framework, NQF. These programmes include, for example, junior cycle level 3 subjects, level 1 and level 2 learning programmes, the leaving certificate applied and senior cycle level 1 and level 2 learning programmes.

A request for an exemption can only be made by a school where, in addition to the above, the student requires one additional year to complete a programme leading to accreditation on the NQF, and where retaining the student in the school for another school year will not prevent a younger student being enrolled there - that is a consideration - and plans are in place to transition the student to a post-school setting at the end of the school year. Special schools are invited each year to make applications to the Department for exemptions from rule 64(1) in respect of students who meet those criteria. Where the criteria are met, the Department will approve the exemptions.

I am aware that this issue has been raised in the context of the review of the Education for Persons with Special Educational Needs, EPSEN, Act 2004. The Department is progressing the development of an implementation plan arising from this review. Furthermore, under the First Programme Plan of Actions 2025-2026 arising from the National Human Rights Strategy for Disabled People 2025-2030, the Department has joint responsibility for a number of priority actions, including a commitment to develop a national transitions policy to support students from early learning and childcare through school and into adult life. A cross-departmental steering group, co-chaired by the Department of Children, Disability and Equality, the Department of Further and Higher Education, Research, Innovation and Science and the Department of Education and Youth, has been established to oversee the implementation of this priority action. A key action under this commitment is to support earlier transition planning for school-leavers and their families, so that enhanced guidance and information can be provided to young people and their families on all post-school options, such as apprenticeships, employment and further and higher education.

I thank the Minister of State for his response. It still does not deal with the point that students are treated differently in special school settings from how they are treated in mainstream school settings. The notice this family were given was poor. They were not aware of this rule. All parents should be made aware of the rule much earlier than going into the final year of school. They have been left in a state of limbo in which they are not sure whether their son will stay in school for another year or will have to transition.

The Minister of State pointed out the different post-school options students may take and it is good to see they are being considered for students in special schools. For too long, students left special schools without any kind of qualification and nothing more was expected of them than to go into a day service of some description. Many students are capable of going on and progressing in different courses and we need to make sure they can avail of different options open to them. However, the notice for the appeal and the rule both need to be looked at and addressed. It is unfair in this instance.

The Senator raised a good point. Clearly, there are rules and an exemption process, which is transparent. People can apply for an exemption and that is clearly set out.

However, an important point, which the Government acknowledges, is that we need more transition information to be available to people, and at an earlier time. That has to happen. There is a process for exemption from the rule and it is down to the individual case. I am sure the Senator will assist in the navigation of that process, but let us see what happens. Certainly, people need information at an earlier stage.

While we are grateful for the Minister of State being with us this morning, out of courtesy, the Department should inform the Senator if the line Minister is not going to take the question.