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Special Educational Needs
Senator Clonan urged removal of “of unknown origin” from special education enrolment criteria, arguing it unlawfully excludes children with Down’s syndrome, while the Minister of State said the circular is under review and promised to reflect and report back.
I thank the Minister of State for coming here. I appreciate that the line Minister is here.
I express my appreciation for the Minister of State coming to hear me out. I travelled to Loughrea and met the parents of children with Down's syndrome. They are listening in now as we speak and watching this. There is a formula of words in Circular 0024/2025 under "Criteria for Enrolment" in paragraphs (1)(b) and 2(a). As criteria for acceptance in these special classes, they must have a delayed language disorder or a speech sound disorder of "unknown origin". That de facto excludes children with disabilities that are known, for example, Down's syndrome. It is a rather perverse form of words because it excludes children who absolutely need this intensive speech therapy to become verbal. What really struck me in my meeting with the parents in Loughrea was their moral distress at the fact that they had brought this to the attention of the Minister, Deputy Naughton, met her, and the former Minister of State, Senator Rabbitte, and they had agreed a pilot scheme would be run in CDNT 8 in Loughrea. The gold standard internationally for children with Down's syndrome, for example, is that they receive four intensive speech therapy sessions per week over two years based on the principle of motor-based learning. If they get that intervention, they become verbal. There are 20 children affected in this way in CDNT 8. For want of the deployment of one speech therapist, these children are likely to become non-verbal. Human speech is the most powerful instrument we have, the human voice, to mobilise personal power, socialise and be included. To allow children to allow children to become non-verbal, 20 little citizens - the parents tell me in their engagement with other parents' groups, there is a similar number of children in every CDNT in this position. The Minister gave a response to them in August 2025 said that the boards of management of schools are permitted to enrol students who do not meet the prescribed criteria but have an SLD diagnosis to fill any remaining places in these classes, which includes children with Down's syndrome. I find that statement grotesque because it means ah sure look, if there are any places left over we will slot one of your children in, a child with Down's syndrome. That is not a rights-based response and that comes from the Minister. We are here to serve the people. I have a mandate to raise these issues. The Minister of State has a mandate; I know him personally as the former Chair of the Joint Committee on Disability Matters. I know exactly how he feels about these matters. This formula of words based on an SLD of "unknown origin" has to be taken out of the circular. The needs of these little citizens need to be met. To become non-verbal is a needless, preventable and catastrophic outcome for these children and their families.
Comment on this
I thank the Senator for raising the issue. There is a script that will be sent around. It goes through the various documentation going back to over 30 years ago. SLD, other issues and developmental language disorders are part of it. From the special education point of view, across government we passionately believe that if we invest properly in special education and education for people who need additional educational supports, we will empower children, families and the State into the future. The Senator may have seen over the past number of months the various debates we have had between our Department and across government on further funding. He knows my bona fides on this and the issues we need to meet head on. I look at the education system, CDNTs and the other support mechanisms in place. One of the first decisions we took a year ago was about having therapies in schools rather than with any other body. That is to try to ensure children have the best possible supports within education.
I have met a number of groups representing people with Down's syndrome. I met national groups and parents over the past number of months. They all pinpoint the specific challenges or specific references to the circular. The circular was issued early in 2025. It is being reviewed to make sure the aims when it was issued meet the needs of the children. I know the great enabler for children with speech difficulties or disorders is to provide the support to get them verbal. As the Senator rightly said, that opens up a new chapter for them. I understand that. My role is Minister of State with responsibility for special education and inclusion. If I am serious about it, it has to be inclusive of everybody. We have to have rules and regulations around how we operate but they have to be as inclusive as possible across the system to ensure everybody has access to education. Previous Ministers met them. They are taken by the points made. I am aware of the high level engagement the Senator has as well and condensing that down to the blockages. I can go through the circulars, different stages in the Department and the work that has been done. We constantly review whether, by trying to be inclusive, we are excluding. Reading classes or classes that allow and help speech are valued by families. I take the Senator's point. We constantly review to ensure we provide positive, inclusive education.
Comment on this
The parents have provided me with a great deal of extensive and lengthy briefings. They have set out every law from the Equal Status Act to the Equality Act and the UN Convention on the Rights of Persons with Disabilities, which we are in breach of, contrary to the letter and spirit of the convention. At the moment there is no pathway of treatment for these children through the Health Service Executive CDNT model. To get the intensive speech therapy these children need, their only shot is to get it by means of these special classes. I ask the Minister of State explicitly in the 60 seconds he has, whether he he undertake to take out those three words, "of unknown origin". They are explicitly discriminatory. Will his office please respond to the parents in Loughrea? They really need an update on the pilot project and for it to be implemented and operationalised.
Comment on this
There is no point in me coming in here and making wild statements. I will take the Senator's point very seriously on board. I will reflect very carefully on it. I will give him that commitment. On the major point, I understand the challenges on the CDNTs and their operation. That is why a decision was made to put the education therapy service within the education system to provide occupational and speech and language therapies, for example.
We have a body of work to do to make sure we are training therapists. Work has been done last year and this year to expand the number of places.
The kernel of what the Senator is saying is about these parents and these children getting the help and support within the education system. We are putting that into the education therapy system. I will reflect carefully on the specific point he made and report back to him, and we will follow up on any of the issues outstanding.