Dáil Éireann Debate, Tuesday - 12 May 2026
551. Deputy Séamus McGrath asked the Minister for Education and Youth to review the education approach or policy regarding neurodivergent children in relation to points highlighted in correspondence (details supplied). [34120/26]
Amharc ar fhreagraEnabling students with special educational needs to receive an education that meets their needs is a priority for this Government. It is also a key priority for me, my department and for the National Council for Special Education (NCSE).
The vast majority of students with special educational needs are supported to attend mainstream classes with their peers. Where students with more complex needs require additional supports, special class and special school places are provided. This is in keeping with policy on an inclusive education, which advocates that students will be supported to receive an education in the most inclusive setting possible.
Section 29 of the Education Act 1998 (as amended) provides for an appeal, where a board of management, or a person acting on behalf of the board of management (normally the school principal) refuses to admit a student to a school, suspends a student for not less than 20 days or permanently excludes a student.
Where a board of management expels a student from a school, a parent / guardian can appeal that decision under Section 29 of the Education Act 1998 (as amended) and an independent appeals committee will be appointed to consider the appeal.
Upon receipt of an expulsion / suspension confirmation letter, an appellant has 42 calendar days to submit a Section 29 appeal for all exclusion appeals.
The Section 29 Administration Unit processes all Section 29 appeals. Generally, they will be examined / heard by an appeals committee within 21 calendar days from the date of receipt of a fully completed appeal application form and associated documents. A Section 29 appeal can be made online, and all supporting documentation uploaded via www.section29appeals.gov.ie/.
Full details on the Section 29 appeals in respect of suspension / expulsion, including the application process for this appeal type are available on the Gov.ie website at the link below:
www.gov.ie/en/publication/19941-appeals-against-expulsion-or-suspension-for-a-period-or-periods-totaling-not-less-than-20-school-days-in-a-school-year/
Under section 23 of the Education (Welfare) Act 2000, the Board of Management of each school must prepare and make available a code of behaviour for its students. A school’s code of behaviour must specify—
(a) the standards of behaviour that shall be observed by each student attending the school;
(b) the measures that may be taken when a student fails or refuses to observe those standards;
(c) the procedures to be followed before a student may be suspended or expelled from the school concerned;
(d) the grounds for removing a suspension imposed in relation to a student; and
(e) the procedures to be followed relating to notification of a child's absence from school.
As required under the Education (Welfare) Act, 2000, the current code of behaviour in each school was prepared in accordance with the 2008 document, Developing a Code of Behaviour Guidelines for Schools, that issued to schools from the then National Educational Welfare Board.
The review and updating of the 2008 guidelines is an action in Cineáltas: Action Plan on Bullying. Tusla Education Support Service (TESS) has led on this review, and I expect to receive the new guidelines shortly for review prior to dissemination to schools. The new guidelines will reflect current department policies and procedures for schools.
The Board of Management is the body charged with the direct governance of a school and the department or the Inspectorate does not have the power to instruct schools to follow a particular course of direction with regard to individual complaints.
The Department of Education and Youth does not have a role in investigating or responding to parental complaints of this nature as it is not directly involved in the day-to-day management of schools. The department’s role in such circumstances is to clarify how complaints against a school or a member of its staff may be progressed.
As you may be aware the agreed procedures that should be used at school level is that the parent should direct the complaint to the school principal in the first instance and then to the Board of Management, if necessary. If they remain dissatisfied after having brought your concern to the attention of the school’s board of management, they may write to the school patron/trustee.
Parents may also refer a complaint to The Office of the Ombudsman for Children who may independently investigate complaints about schools recognised by the Department of Education and Youth, provided the parent has firstly and fully followed the school's complaints procedures.
The key criterion for any intervention by the Ombudsman for Children is that the administrative actions or non-actions of a school has, or, may have, adversely affected the child. The Office of the Ombudsman for Children may be contacted at: Millennium House, 52-56 Great Strand Street, Dublin 1; tel. 1800 20 20 40 or (01) 865 6800 or email oco@oco.ie.
My department and the NCSE are committed to delivering an education system that is of the highest quality and where every child and young person feels valued and is actively supported and nurtured to achieve their full potential.
