Statement from Minister Madigan - Tuesday 31 May
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From: Department of Education
- Published on: 31 May 2022
- Last updated on: 12 April 2025
Minister of State for Special Education and Inclusion Josepha Madigan has today (Tuesday 31 May) met with stakeholders to advise them of the ongoing work in securing school places for children with special educational needs in the Dublin area, in accordance with section 37(a) of the Education Act.
Minister Madigan said:
“It is essential that we explore every possible opportunity to provide students with the school places that they need. While we are making good progress in engaging with schools that do not yet have a special class, I have committed to using my power under section 37(a) of the Act, if necessary, to compel a school to provide additional places.
“The NCSE has now formally written to me as Minister to advise me that it has formed an opinion that there is insufficient special class capacity in primary schools and special school capacity in Dublin. The NCSE’s opinion is based on an analysis of its available data, engagement with schools, school patrons and parental groups.
“Stage one of the Section 37a legislation is now complete and in accordance with the stages set out in legislation, the department will now engage further with the NCSE on the matter, particularly in relation to accommodation issues and building works planned.
“Following this engagement the NCSE will provide a detailed report on the matter to me, which will consider existing provision, any relevant proposed building works and which schools may be able to provide additional provision. In preparing this report, the legislation requires the NCSE to consult with school patrons, national parent bodies, school management bodies and the teacher unions. I have asked that this be done as quickly as possible.
“Everyone would prefer that schools welcome students that need school places into their schools, and would open the classes needed, with the support of the department and NCSE. I was pleased to meet with stakeholders again today on this, and to reiterate that I won’t hesitate to compel schools to open classes if it is necessary to do so.”
Notes
Section 37A
If the NCSE has not been able to secure the necessary placements in an area, it can activate a statutory provision contained in Section 37A of the Education Act 1998. Under this provision, and after a period of engagement, the Minister can direct a school to open a special class. These provision have already been used twice in the Dublin area to good effect.
All parties prefer that schools volunteer to open a special class, where all reasonable efforts fail, the Minister has the power under Section 37A of the Education Act 1998 to compel a school to provide additional places.
The legislation was used for the first time back in 2019 in respect of the Dublin 15 area and was activated for a second time following a report by the NCSE which identified a shortage of special school and special class places right across South Dublin.
The Section 37A process is currently being reviewed within the overall context of the review of the EPSEN Act 2004 review to establish if the process can be better streamlined to ensure sufficient specialist places can be made available in an efficient manner. This review will be completed by the end of this year.