The Minister has powers under Section 37A of the Education Act to direct a school to provide additional places but this power is only used as a last resort and where all reasonable efforts have failed.
Prior to the introduction of new legislation in 2022, the Section 37A process had been used to secure additional special class provision on two occasions in Dublin.
The provision has also been enacted in regard to one school in Kildare in 2025 in order to ensure that children with special educational needs in the local area had an appropriate placement for the 2025/2026 school year.