Special Needs Assistants

By Terry Gorry Google+

Education Law Brochure

By Terry Gorry Google+

Education Law Brochure

By Terry Gorry Google+

Education Law Brochure

By Terry Gorry Google+

Education Law Brochure

Circular letter 30/2014-for special needs assistants.

By Terry Gorry Google+

Education Law Brochure

The DES have published a new circular, 0037/2013, which deals with SNA arrangements for 2013/2014.

special-needs-assistants-2013-14

The purpose of this Circular is to notify managerial authorities, Chief Executive Officers of Education and Training Boards (ETBs) and SNAs of supplementary assignment arrangements for SNAs for the 2013/2014 school year. It should be noted that with the issue of this Circular the Department’s notice of 19 June 2013 regarding SNA recruitment for the 2013/2014 school year is hereby withdrawn. Schools and ETBs can now commence or re-commence any recruitment process for SNAs for the 2013/2014 school year in line with the terms of this Circular.

Circulars or regulations governing the recruitment of SNAs are taken to be amended only to the extent outlined in this Circular. Accordingly, Employers should continue to follow existing procedures on recruitment of SNAs subject to the inclusion of the following measures to facilitate the operation of these supplementary assignment arrangements for SNAs. In the case of primary and special schools this is in accordance with Appendix E 2011 Constitution of Boards and Rules of Procedure.

Summary

  • Primary and special schools-continue to follow procedures in accordance with Appendix E of Constitution of Boards and Rules of Procedure 2011
  • Continue to process redundancy as normal-see circular 58/2006
  • From 1st May, 2013, an SNA with a minimum of one year’s experience being made redundant will be deemed to be a member of SNA panel (Supplementary Assignment Panel for SNAs)
  • No entitlement to pay by virtue of being on the panel
  • Time spent on the panel will not be deemed “service” nor reckonable for any purpose including redundancy or pension
  • Does not apply where SNA remains with existing employer but loses hours
  • Employer to complete Special Needs Assistants Supplementary Assignment Form
  • Processing of redundancy payments for members of this panel to commence from 1st June, 2014
  • No redundancy payment will be made for an SNA who is appointed to a further SNA position on or before 1st June, 2014
  • If appointed to a further position and subsequently made redundant, service already accrued will be carried forward and reckonable for redundancy purposes
  • If an SNA resigns a post, he/she will not be entitled to claim redundancy
  • The SNA Supplementary Assignment Panel will termintate on 1st June, 2014
  • An SNA can opt out of the panel and trigger redundancy in line with 58/2006
  • An SNA who is a member of the panel may be employed as a substitute SNA while retaining membership of the panel
  • Employers are entitled to allocate up to and including .5 of an SNA post to existing staff without advertising-this is a matter for the employer
  • If an employer receives an application for a vacancy from an SNA who is due to be made redundant and who furnishes the employer with a certified copy of  a completed Special Needs Assistants Supplementary Assignment form, and provided the SNA is entitled to be on the Supplementary Assignment Panel, then the employer is obliged to offer its vacancy to that SNA, provided the SNA meets all essential qualifications
  • If more than one such SNA, an interview process is required
  • SNA seniority-see circular 59/2006. However, an SNA who is appointed from the panel will become the most junior SNA in his/her new employment
  • Any SNA who opts for a redundancy payment as outlined above and who is subsequently re-employed as an SNA by any school or ETB within 1 year of being made redundant must notify the Department of Education and Skills or the relevant Education and Training Board that s/he has received such a payment. In these circumstances, re-imbursement of the redundancy compensation payment will be required from that person

Read the circular here.

Special-Needs-Assistant-Appointment-Form-School-Year-2013-14

See also: employing an SNA (DES)

By Terry Gorry Google+

Education Law Brochure

The Labour Court, on the 26th June 2012, recommended the setting up of a panel for special needs assistants.

The recommendation is as follows:

RECOMMENDATION :
It is noted that Special Needs Assistants (SNAs) are not encompassed by the employment security commitment contained in the Public Service Agreement 2010-2014. Consequently, they cannot claim the same right to redeployment available to other Public Servants.

There is, however, a sustainable case for affording SNAs a greater degree of security in employment than presently exists. The Court believes that the fairest and most practical way of achieving this objective is to put in place an arrangement whereby SNAs whose role is displaced by redundancy can be facilitated in filling similar alternative posts that may become available. The Court, therefore, recommends that the following arrangements be put in place: –

(1) Where an SNA’s role becomes redundant they should be placed on a panel.

(2) Where a vacancy arises or where a new post is created it should first be offered to those on the panel in order of seniority, subject to suitability.

(3) Those on the panel should not have entitlement to remuneration beyond the existing arrangements and, subject to (4) and (5) below they should not become entitled to redundancy payments.
(4) As an alternative to being placed on the panel an SNA who is displaced could opt for a redundancy payment in line with the current arrangement.
(5) Likewise a SNA who remains on the panel for a full school year without being placed in employment should have the option of claiming a redundancy payment in line with the present arrangement.
(6) A SNA who accepts a redundancy payment under either (4) or (5) above shall have no further entitlement to placement from the panel.
(7) Where a SNA is placed in alternative employment under this arrangement they should carry forward their prior service.

It is worth noting that this is only a recommendation. (However, see circular 0037/2013)

The position of the DES appears to be that it will facilitate negotiations about an SNA panel between unions and boards of management bodies.

You can read the full Labour Court decision here.

 

By Terry Gorry Google+

Education Law Brochure

Filed under Special Needs Assistants #

The DES has today, 27th June, 2013, published 5 new circulars under the broad heading of the  “Public Service Stability (Haddington Road) Agreement and Financial Emergency Measures in the Public Interest Act 2013”.

haddington-road-agreement

These circulars deal with

  • Teacher salaries
  • The supervision scheme in primary schools
  • Special needs assistants
  • The application of pay adjustments and related measures in respect of all staff other than teachers and special needs assistants employed by VECs/ETBs.

Read the circulars below:

Circular 0030/2013-Application of pay adjustments and related measures in accordance with the Financial Emergency Measures in the Public Interest Act, 2013 (Number 18 of 2013) and the Public Service Stability Agreement 2013 – 2016 (Haddington Road Agreement) in respect of all Institutes of Technology and Dublin Institute of Technology staff.

Circular 0031/2013-Financial Emergency Measures in the Public Interest Act 2013 – Teacher Salaries

The purpose of this Circular is to notify Managerial Authorities and Vocational Education Committees/ Education and Training Boards and teachers of the changes to the salaries of teachers to take effect from 1 July 2013, arising from the Financial Emergency Measures in the Public Interest Act 2013.

 

Circular 0032/2013-Public Service Stability Agreement 2013 – 2016 (Haddington Road Agreement) and the Financial Emergency Measures in the Public Interest Act 2013 – Teacher Salaries

The purpose of this Circular is to notify managerial authorities and teachers of the changes to the salaries of teachers to take effect from 1 July 2013.

Circular 0033/2012-Public Service Stability Agreement 2013 – 2016 (Haddington Road Agreement)- Supervision Scheme in Primary Schools

The purpose of this Circular is to notify Boards of Management, Principals and Teachers of the amendments to the Supervision scheme to take effect from the beginning of the 2013/14 school year, arising from the Public Service Stability Agreement 2013 – 2016 (Haddington Road Agreement).

Circular 0034/2013-Public Service Stability Agreement 2013 – 2016 (Haddington Road Agreement) and the Financial Emergency Measures in the Public Interest Act 2013 – Special Needs

The purpose of this Circular is to notify managerial authorities, Chief Executive Officers of VECs/ETBs and Special Needs Assistants (SNAs) of the changes to the salaries of SNAs to take effect from 1 July 2013.

Circular 0035/2013-Public Service Stability Agreement 2013 – 2016 (Haddington Road Agreement) and the Financial Emergency Measures in the Public Interest Act 2013 – Clerical Officers and Caretakers employed in National Schools under the 1978/79 Scheme and Clerical Officers employed in Post Primary Schools under the 1978 Scheme

Circular 0036/2013-Public Interest Act, 2013 (Number 18 of 2013) and the Public Service Stability Agreement 2013 – 2016 (Haddington Road Agreement) in respect of all Staff other than Teachers and SNAs employed by VECs / ETBs

This circular applies to all employees other than Teachers and SNAs employed in VECs / ETBs. Separate Circulars will issue in respect of both Teachers and SNAs.

By Terry Gorry Google+

Education Law Brochure

The Des have issued a new circular (24th June, 2013) concerning the parental leave entitlements for special needs assistants in Primary and Post Primary schools.

Circular 27/2013 is available here.

By Terry Gorry Google+

Education Law Brochure

The DES have today (19th June, 2013) issued a statement in relation to the recruitment of special needs assistants for the school year 2013/14.

SNA Recruitment for 13/14 school year

In view of the contents of the Haddington Road Agreement as it relates to supplementary assignment arrangements for Special Needs Assistants (SNAs), no school or VEC should commence any recruitment process for SNAs for the 2013/2014 school year pending a further communication from the Department of Education and Skills.  This communication will issue in the near future.

Notice published 19 June 2013 on DES website.

To check SNA and Resource Teaching Hours for 2013/14 in Primary, Post Primary, and Special Schools, click here.

Circular 0013/2013 – Application for part-time Resource teaching posts 2013/14 school year – See more here including application for part time resource teaching posts for 2013/14 and frequently asked questions in relation to part time teaching posts to cover NCSE approved resource hours for 2013/2014.

By Terry Gorry Google+

Education Law Brochure