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51 1998

EDUCATION ACT, 1998

PART VI

Miscellaneous

School year, week, day.

25. —The Minister may, from time to time, following consultation with patrons, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, prescribe—

(a) the minimum number of days in a school year during which a school shall be open to receive students and provide them with instruction,

(b) the minimum number of hours of instruction in a school day or in a school week, and

(c) any matters related to the length of the school year, the school week or the school day and the organisation and structure of such year, week or day.

Parents’ association.

26. —(1) The parents of students of a recognised school may establish, and maintain from among their number, a parents’ association for that school and membership of that association shall be open to all parents of students of that school.

(2) A parents’ association shall promote the interests of the students in a school in co-operation with the board, Principal, teachers and students of a school and for that purpose may—

(a) advise the Principal or the board on any matter relating to the school and the principal or board, as the case may be, shall have regard to any such advice, and

(b) adopt a programme of activities which will promote the involvement of parents, in consultation with the Principal, in the operation of the school.

(3) The board shall promote contact between the school, parents of students in that school and the community and shall facilitate and give all reasonable assistance to parents who wish to establish a parents’ association and to a parents’ association when it is established.

(4) (a) A parents’ association shall, following consultation with its members, make rules governing its meetings and the business and conduct of its affairs.

(b) Where a parents’ association is affiliated to a national association of parents, the rules referred to in paragraph (a) shall be in accordance with guidelines issued by that national association of parents with the concurrence of the Minister.

Information to students and student council.

27. —(1) A board shall establish and maintain procedures for the purposes of informing students in a school of the activities of the school.

(2) The procedures established and maintained under subsection (1) shall facilitate the involvement of the students in the operation of the school, having regard to the age and experience of the students, in association with their parents and teachers.

(3) Students of a post-primary school may establish a student council and, without prejudice to the generality of subsection (1), a board of a post-primary school shall encourage the establishment by students of a student council and shall facilitate and give all reasonable assistance to—

(a) students who wish to establish a student council, and

(b) student councils when they have been established.

(4) A student council shall promote the interests of the school and the involvement of students in the affairs of the school, in co-operation with the board, parents and teachers.

(5) The rules for the establishment of a student council shall be drawn up by the board, in accordance with such guidelines as may be issued by the Minister from time to time, and such rules may provide for the election of members and the dissolution of a student council.

(6) A student council, following consultation with the board, may make rules governing its meetings and the business and conduct of its affairs.

Grievance and other procedures.

28. —(1) The Minister, following consultation with patrons of recognised schools, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, may from time to time prescribe procedures in accordance with which—

(a) the parent of a student or, in the case of a student who has reached the age of 18 years, the student, may appeal to the board against a decision of a teacher or other member of staff of a school,

(b) grievances of students, or their parents, relating to the students’ school (other than those which may be dealt with under paragraph (a) or section 29 ), shall be heard, and

(c) appropriate remedial action shall, where necessary, be taken as a consequence of an appeal or in response to a grievance.

(2) In prescribing procedures for the purposes of this section the Minister shall have regard to the desirability of determining appeals and resolving grievances in the school concerned.

Appeals to Secretary General.

29. —(1) Where a board or a person acting on behalf of the board—

(a) permanently excludes a student from a school, or

(b) suspends a student from attendance at a school for a period to be prescribed for the purpose of this paragraph, or

(c) refuses to enroll a student in a school, or

(d) makes a decision of a class which the Minister, following consultation with patrons, national associations of parents, recognised school management organisations, recognised trade unions and staff associations representing teachers, may from time to time determine may be appealed in accordance with this section,

the parent of the student, or in the case of a student who has reached the age of 18 years, the student, may, within a reasonable time from the date that the parent or student was informed of the decision and following the conclusion of any appeal procedures provided by the school or the patron, in accordance with section 28 , appeal that decision to the Secretary General of the Department of Education and Science and that appeal shall be heard by a committee appointed under subsection (2).

(2) For the purposes of the hearing and determination of an appeal under this section, the Minister shall appoint one or more than one committee (in this section referred to as an “appeals committee”) each of which shall include in its membership an Inspector and such other persons as the Minister considers appropriate.

(3) Where a committee is appointed under subsection (2) the Minister shall appoint one of its number to be the chairperson of that committee and who, in the case of an equal division of votes, shall have a second or casting vote.

(4) In hearing and determining an appeal under this section an appeals committee shall act in accordance with such procedures as may be determined from time to time by the Minister following consultation with patrons, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers and such procedures shall ensure that—

(a) the parties to the appeal are assisted to reach agreement on the matters the subject of the appeal where the appeals committee is of the opinion that reaching such agreement is practicable in the circumstances,

(b) hearings are conducted with the minimum of formality consistent with giving all parties a fair hearing, and

(c) appeals are dealt with within a period of 30 days from the date of the receipt of the appeal by the Secretary General, except where, on the application in writing of the appeals committee stating the reasons for a delay in determining the appeal, the Secretary General consents in writing to extend the period by not more than 14 days.

(5) On the determination of an appeal made under this section, the appeals committee shall send notice in writing of its determination of the appeal and the reasons for that determination to the Secretary General.

(6) Where—

(a) an appeals committee upholds a complaint in whole or in part, and

(b) it appears to the appeals committee that any matter which was the subject of the complaint (so far as upheld) should be remedied,

the appeals committee shall make recommendations to the Secretary General as to the action to be taken.

(7) As soon as practicable after the receipt by the Secretary General of the notice referred to in subsection (5), the Secretary General—

(a) shall, by notice in writing, inform the person who made the appeal and the board of the determination of the appeals committee and the reasons therefor, and

(b) in a case to which subsection (6) applies, may in such notice give such directions to the board as appear to the Secretary General (having regard to any recommendations made by the appeals committee) to be expedient for the purpose of remedying the matter which was the subject of the appeal and the board shall act in accordance with such directions.

(8) The Minister, in consultation with patrons of schools, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, shall from time to time review the operation of this section and section 28 and the first such review shall take place not more than two years from the commencement of this section.

(9) In the case of a school which is established or maintained by a vocational education committee an appeal against a decision of the board of such school shall lie, in the first instance, to the vocational education committee and thereafter to the Secretary General in accordance with subsection (1).

(10) The Minister shall, from time to time, following consultation with vocational education committees, national associations of parents and recognised trade unions and staff associations representing teachers, prescribe—

(a) the procedures for appeals under this section to vocational education committees, and

(b) which appeals shall inquire into whether the procedure adopted by a board in reaching a decision or conducting an appeal was fair and reasonable and which appeals shall be by way of a full re-hearing.

(11) The Secretary General may, in accordance with sections 4 (1) (i) and 9 of the Public Service Management Act, 1997 , assign the responsibility for the performance of the functions for which the Secretary General is responsible under this section to another officer of the Department of Education and Science.

(12) For the purposes of subsection (1)(c), “student” means a person who applies for enrolment at a school and that person or his or her parents may appeal against a refusal to enroll him or her in the same manner as a student or his or her parents may appeal a decision under this section.

Curriculum.

30. —(1) The Minister may, from time to time, following such consultation with patrons of schools, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, as the Minister considers appropriate, prescribe the curriculum for recognised schools, namely—

(a) the subjects to be offered in recognised schools,

(b) the syllabus of each subject,

(c) the amount of instruction time to be allotted to each subject, and

(d) the guidance and counselling provision to be offered in schools.

(2) Without prejudice to the generality of subsection (1), the Minister—

(a) shall have regard to the desirability of assisting schools to exercise their powers as provided for under subsection (4),

(b) shall have regard to the characteristic spirit of a school or class of school in exercising his or her functions under this section,

(c) may give directions to schools, where he or she considers it appropriate, to ensure that the subjects and syllabuses pursued in those schools are appropriate and relevant to the educational and vocational needs of the students in those schools,

(d) shall ensure that the amount of instruction time to be allotted to subjects on the curriculum as determined by the Minister in each school day shall be such as to allow for such reasonable instruction time, as the board with the consent of the patron determines, for subjects relating to or arising from the characteristic spirit of the school, and

(e) shall not require any student to attend instruction in any subject which is contrary to the conscience of the parent of the student or in the case of a student who has reached the age of 18 years, the student.

(3) The Minister may—

(a) consult with the National Council for Curriculum and Assessment and such other persons or bodies of persons as the Minister considers appropriate on any matter relating to the curriculum for recognised schools, and

(b) establish, as the Minister considers appropriate, such bodies of persons to conduct research and to advise him or her on matters relating to his or her duties under this section.

(4) A school may, subject to the requirement that the curriculum as determined by the Minister is taught in that school, provide courses of instruction in such other subjects as the board considers appropriate.

Teaching through Irish.

31. —(1) The Minister shall establish a body of persons—

(a) (i) to plan and co-ordinate the provision of textbooks and aids to learning and teaching through Irish,

(ii) to advise the Minister on policies relating to the provision and promotion of education through the medium of Irish in recognised schools generally and in schools located in a Gaeltacht area,

(iii) to provide support services to those schools through the medium of Irish, and

(iv) to conduct research into any or all matters to which this paragraph applies,

and

(b) to plan and co-ordinate the provision of textbooks and aids to the learning and teaching of Irish and to conduct research into and to advise the Minister on strategies which have as their objective the enhancement of the effectiveness in the teaching of Irish in recognised schools and centres for education.

(2) The Minister may by order, made with the consent of the Minister for Finance, delegate any of his or her functions in respect of the matters referred to in subsection (1) to the body established in accordance with that subsection which shall carry out those functions under the direction and control of the Minister.

(3) The body established in accordance with subsection (1)

(a) shall, with the consent of the Minister, establish a committee to assist it in the performance of the functions conferred on it under subsection (1)(b), and

(b) may, with the consent of the Minister, at any time dissolve a committee appointed under this subsection or remove a member of a committee from such membership.

(4) The body established in accordance with subsection (1) shall, from time to time, as it considers appropriate, advise the National Council for Curriculum and Assessment on matters relating to—

(a) the teaching of Irish,

(b) the provision of education through the medium of Irish, including matters relating to the curriculum for primary and post-primary schools which provide education through the medium of Irish and assessment procedures employed in those schools, and

(c) the educational needs of people living in a Gaeltacht area,

and the National Council for Curriculum and Assessment shall have regard to any such advice in the exercise by it of its functions.

(5) The Minister may by order amend or revoke any order made under this section, including an order made under this subsection.

(6) In each financial year the Minister, with the concurrence of the Minister for Finance, out of monies provided by the Oireachtas, may make to the body appointed in accordance with subsection (1) a grant or grants for the purposes of expenditure by that body in the performance of its functions.

(7) The Minister may provide such secretarial and administrative support to a body established under this section as the Minister considers necessary.

Educational disadvantage.

32. —(1) The Minister shall by order, following consultation with patrons, national associations of parents, recognised school management organisations, recognised trade unions and staff associations representing teachers and such other persons as the Minister considers appropriate, establish a committee, hereinafter referred to as the “educational disadvantage committee”, to advise him or her on policies and strategies to be adopted to identify and correct educational disadvantage.

(2) Subject to subsection (3), the Minister shall appoint persons to be members of an educational disadvantage committee for such period not exceeding three years as he or she thinks fit and may renew such appointments as he or she thinks fit.

(3) Up to half of the membership of the educational disadvantage committee shall be appointed from nominees of such voluntary and other bodies which have objects which the Minister considers relevant to the work of the committee.

(4) The Minister may by order amend or revoke any order made under this section, including an order made under this subsection.

(5) The educational disadvantage committee may, as soon as is practicable after it has been established and, thereafter, from time to time as it considers appropriate, prepare and submit to the Minister a statement containing—

(a) proposed policies and strategies for the identification and correction of educational disadvantage, relating to such period as it considers appropriate, and

(b) the areas of activity to which the committee accords priority.

(6) In preparing a statement as provided for in subsection (5), the educational disadvantage committee shall have regard to—

(a) the resources, including the financial resources, available, and

(b) the public interest in ensuring that the resources available are applied in an effective and efficient manner.

(7) In each financial year the Minister, with the concurrence of the Minister for Finance, out of monies provided by the Oireachtas, may make to the educational disadvantage committee a grant or grants for the purposes of expenditure by that committee in the performance of its functions.

(8) The Minister may provide such secretarial and administrative support to the educational disadvantage committee as the Minister considers necessary.

(9) In this section “educational disadvantage” means the impediments to education arising from social or economic disadvantage which prevent students from deriving appropriate benefit from education in schools.

Regulations.

33. —The Minister, following consultation with patrons, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, may make regulations for the purpose of giving effect to this Act and, without prejudice to the generality of the foregoing, the Minister may make regulations relating to all or any of the following matters:

(a) the recognition of schools and the withdrawal of recognition from schools;

(b) the making of grants by the Minister to schools and centres for education;

(c) the appointment and qualifications of persons who are to be employed as teachers in schools or centres for education;

(d) the inspection of schools;

(e) the building, maintenance and equipment of schools;

(f) the length of the school year, school week and school day;

(g) admission of students to schools;

(h) access to schools by school attendance officers and other persons;

(i) access to schools and centres for education by students with disabilities or who have other special educational needs, including matters relating to reasonable accommodation and technical aid and equipment for such students;

(j) procedures for the promotion of effective liaison and co-operation by schools and centres for education with—

(i) other schools and centres for education,

(ii) local authorities (within the meaning of the Local Government Act, 1941 ),

(iii) health boards (within the meaning of the Health Act, 1970 ), and

(iv) voluntary and other bodies which have a special interest in education, in particular, education of students with special educational needs;

(k) appeals, and

(l) the curriculum of schools.

Financial year.

34. —In this Act “financial year” means such period of 12 months as may be prescribed by the Minister.

Amendment of Intermediate Education (Ireland) Act, 1878.

35. —(1) Section 5 of the Intermediate Education (Ireland) Act, 1878, is hereby amended in subsection (4) by the deletion of “; provided that no examination shall be held in any subject of religious instruction, nor any payment made in respect thereof”.

(2) Without prejudice to the application of the Intermediate Education (Ireland) Act, 1878, to both male and female students, section 6 of that Act is hereby amended by the repeal of subsection (4).

Amendment of Vocational Education Act, 1930 .

36. —The Vocational Education Act, 1930 , is hereby amended—

(a) in section 105(1) by the substitution of “a person” for “an officer of the Minister”, and

(b) in sections 106 and 107 by the substitution of “a person” for “an officer” wherever it occurs.

Education support centres.

37. —(1) In this section “education support centre” means a place in which services are provided for schools, teachers, parents, boards and other relevant persons which support them in carrying out their functions in respect of the provision of education which is recognised for that purpose by the Minister in accordance with subsection (2).

(2) The Minister may recognise a place as an education support centre and where the Minister so recognises a place he or she shall cause the name and address of that centre to be entered in a register maintained by the Minister and available for inspection by members of the public during normal working hours.

(3) An education support centre shall have a management committee, to manage the business and staff of that centre.

(4) A committee established in accordance with subsection (3) shall be a body corporate with perpetual succession and with power to sue and may be sued in its corporate name and no action shall lie against a member of a board in respect of anything done by that member in good faith and in pursuance of their functions as such members.

(5) The Minister may withdraw recognition from an education support centre.

(6) The Minister may, from time to time, make regulations relating to all or any of the following matters:

(a) procedures for the appointment of management committees;

(b) the appointment and remuneration of staff;

(c) the making of grants to education support centres;

(d) the provision of information to the Minister on any matter relating to the operation of education support centres;

(e) access to an education support centre and to the financial and other records of that education support centre by persons appointed by the Minister, and

(f) such other matters relating to the operation of such centres as the Minister considers appropriate.