Shinrone National School in Co Offaly has launched a High Court case against the National Council for Special Education due to its denial of providing additional special needs assistants (SNAs). The board of management at the school contends that extra SNA support is necessary for them to adequately cater for the existing students’ needs, as well as those who are set to enrol later in the year.
The mixed-gender school currently employs five mainstream teachers, two special education needs teachers, a teacher for an autism class, and six SNAs. Late last year, it approached the government agency responsible for special needs education provision, requesting additional SNA support. The school anticipates a rise in the number of students requiring extra SNA support, and fears the current allocation will fall short of these needs.
The request was declined. In response, the school board filed an appeal with the council’s Independent Appeals Advisory Committee, who will make the final decision. The board alleges that the appeal has not been heard yet, and no tentative date has been set. They argue that the postponement in hearing the appeal equates to a violation of fair procedures.
Represented by Feichin McDonagh SC and Brendan Hennessy BL, and under the guidance of solicitor Patrick O’Neill, the board emphasised the urgency of the application, noting the fast-approaching end of the school year. They argue that if the appeal is not heard promptly, they would be forced to start the process of requesting the allocation of SNAs from the council anew in the next school year.
As such, the board is seeking a High Court judicial review, where they are pursuing an order to compel the council to hear their appeal. Ms Justice Niamh Hyland acknowledged the urgency of the claim, permitting the board to carry forward its challenge and adjourned the case to a later date this month.