The Teachers' Union of Ireland (TUI) has advised members not to co-operate with new guidelines for special needs students at second level, in a move which could jeopardise the provision of services to these students.
The union makes clear its full support for the provision of every assistance to special needs students, but says it does not wish to be "party to a charade" as the Department of Education and Science has failed to provide adequate resources.
In a directive issued by its general secretary, Jim Dorney, the union advises all members that it is not possible to co-operate with new guidelines, providing Individual Education Plans (IEP) for special needs students. These were issued in September by the National Council for Special Education (NCSE).
In his letter, Mr Dorney says "the union will defend any members who follows the union's advice". The TUI has sent the directive to school principals.
Special needs students are not legally entitled, as yet, to an IEP, where special provision is made for them. But the guidelines are designed to smooth the way for their implementation under the Education for Persons with Special Educational Needs Act 2004.
In his letter, Mr Dorney writes: "The TUI has informed both the NCSE and the Department of Education and Science that the resource implications of commencement of the sections relating to IEPs will be considerable, especially in terms of time and training, and that urgent negotiations are required in this regard. We wish to give practical effect to the rights that will be conferred, including the right to an IEP, but do not wish to be party to a charade that purports to confer rights that, for want of the requisite resourcing, cannot be properly delivered in practice."
In a letter issued to schools in September, chief executive of the NCSE, Pat Curtin, says: "While the sections of the Act relating to IEPs have not as yet been commenced in law, the council considered that it was important that schools become familiar with the IEP process in advance of the provisions in the Act coming into force.
"It is the intention of the council that this process will be piloted in the near future, in a small number of schools with a view to monitoring and evaluating the overall process in terms of the demands made on the education and health services."
The TUI says it would be "impossible" to prepare an IEP for special needs students "within one month of receipt by a principal teacher of an assessment. This is only one of many significant, additional responsibilities that the Act seeks to impose on Principal teachers".
In his letter, Mr Dorney says the union is opposed to the "imposition of significant additional responsibility on teachers by way of delegation.
"Our unequivocal view is that, if the rights conferred by the act are to be implemented, the Department of Education and Science must make available the time . . . and the training that will build teacher, school, and system capacity to carry it out effectively."
