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51 1998

EDUCATION ACT, 1998

PART VII

National Council for Curriculum and Assessment

Establishment day.

38. —The Minister shall by order appoint a day to be the establishment day for the purposes of this Part.

Establishment of National Council for Curriculum and Assessment.

39. —(1) There shall stand established on the establishment day a body to be known as the National Council for Curriculum and Assessment, or in the Irish language An Chomhairle Náisiúnta Curaclaim agus Measúnachta (in this Act referred to as “the Council”) to perform the functions assigned to it by or under this Act.

(2) The Council shall be a body corporate with perpetual succession and an official seal and shall have power to sue and may be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of other property.

(3) Schedule 1 shall apply to the Council.

Composition and appointment.

40. —(1) The composition of the Council shall be determined by order, made by the Minister following consultation with patrons, national associations of parents, recognised school management organisations, recognised trade unions and staff associations representing teachers and with such other persons or bodies of persons as the Minister considers appropriate.

(2) In determining the composition of the Council, the Minister shall ensure that, as far as is practicable, the membership of the Council—

(a) is representative of bodies and persons involved in the education system at early childhood and primary and post-primary levels, in particular national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, and

(b) includes other persons who—

(i) have experience or skills, including experience of and skills in business and industry, which in the opinion of the Minister are relevant to the work of the Council and would complement the experience and skills of the persons appointed in accordance with paragraph (a),

(ii) have a special interest in, or experience of, the education of students with a disability or other special educational needs, or

(iii) are representative of Irish language organisations,

as the Minister considers appropriate.

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

(4) The members of the Council shall be appointed by the Minister in accordance with regulations drawn up by the Minister following consultation with patrons, national associations of parents, recognised school management organisations, recognised trade unions and staff associations representing teachers and with such other persons or bodies of persons as the Minister considers appropriate.

Objects and functions.

41. —(1) The object of the Council shall be to advise the Minister on matters relating to—

(a) the curriculum for early childhood education, primary and post-primary schools, and

(b) the assessment procedures employed in schools and examinations on subjects which are part of the curriculum.

(2) Without prejudice to the generality of subsection (1), it shall be a function of the Council:

(a) from time to time to review the curriculum, or any part of the curriculum, for schools and the syllabuses taught and to advise the Minister;

(b) to advise the Minister on appropriate methods for the assessment of the effectiveness of the education provided in schools, with particular regard to mechanisms whereby students who have problems achieving their potential may be identified as early as practicable and assisted;

(c) to advise the Minister on strategies which will assist students to make a successful transition from primary school to post-primary school;

(d) from time to time to advise the Minister on the standards of knowledge and skills which students at various age-levels should attain and on the mechanisms for assessing the achievement of such standards, having regard to national and international standards and good practice in relation to such assessment;

(e) from time to time to review the inservice training needs of teachers, including needs arising from the introduction of new curricula, subjects or syllabuses in schools, and to advise the Minister in relation to those needs;

(f) to advise the Minister on the requirements, as regards curriculum and syllabuses, of students with a disability or other special educational needs;

(g) to advise the Minister on strategies which have as their objective the enhancement of the effectiveness in the teaching and use of the Irish language in schools;

(h) to maintain, manage, administer and invest all the money and assets of the Council;

(i) to promote research and development in education and to conduct or commission such research and development where appropriate to its objects and functions;

(j) to promote equality of access to education generally and to instruction in any particular subjects between male and female students;

(k) to accept gifts of money, land or other property upon such trusts and conditions, if any, as may be specified by the donors, provided that nothing in any trust or condition is contrary to this Act, and

(l) to do all such acts and things as may be necessary to further the objects of the Council, including such functions in relation to review and reform of the curriculum in schools and the assessment of the outcomes of the education provided in schools as the Minister shall from time to time direct.

(3) In carrying out its functions the Council shall—

(a) have regard to the implications of its advice for the resources, including financial resources, available and shall quantify, as far as practicable, the resources necessary to give effect to any of its proposals,

(b) have regard to the desirability of achieving equality of access to, participation in and benefit from education,

(c) act in accordance with such directions as may from time to time be given to the Council by the Minister, including directions as to the priority to be accorded to the exercise by it of its different functions, and

(d) have regard to the practicalities of implementation of any advice which it proposes to give to the Minister.

Consultation with designated bodies.

42. —(1) The Minister may, for the purposes of this section, by order designate persons who, or organisations which, have a special interest in the exercise by the Council of its functions and the persons or organisations so designated are hereinafter referred to as “designated bodies”.

(2) The Council shall, from time to time as it considers appropriate, consult with designated bodies and shall consult with such bodies when requested to do so by the Minister.

(3) A designated body may at any time, as it considers appropriate, make representations to the Council on any matter relating to the functions of the Council and the Council shall consider such representations and shall inform the designated body of the outcome of that consideration.

(4) The Council shall give to each designated body a copy of each publication issued by it as soon as may be after it has been issued.

Chief executive officer.

43. —(1) The Minister shall, from time to time, appoint to the Council in a whole-time capacity a chief executive officer who shall carry on, manage and generally control the administration of the Council and shall manage and control the staff of the Council.

(2) The person who, immediately before the day on which the chief executive officer is appointed under subsection (1), holds the office of chief executive officer of the body of persons known as National Council for Curriculum and Assessment, being an unincorporated and non-statutory body of persons appointed by the Minister shall, if he or she so consents, be appointed as the first chief executive officer of the Council.

(3) The chief executive officer shall be employed by the Minister in accordance with such terms and conditions, which may include secondment from another office or employment, and receive such remuneration as the Minister, with the consent of the Minister for Finance, from time to time determines.

Staff.

44. —(1) The Minister, with the consent of the Minister for Finance, may appoint such and so many persons to assist the Council in the performance of its functions as the Minister considers appropriate.

(2) The persons appointed in accordance with subsection (1) shall be employed in accordance with such terms and conditions, which may include secondment from another office or employment, and receive such remuneration as the Minister, with the consent of the Minister for Finance, from time to time determines.

(3) The Minister may provide such administrative and secretarial support to the Council as he or she considers necessary.

(4) The Civil Service Commissioners Act, 1956 , and the Civil Service Regulation Acts, 1956 to 1996, shall apply to full-time, permanent employees of the Council.

Grants.

45. —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 Council a grant or grants for the purposes of expenditure by the Council in the performance of its functions.

Accounts and information.

46. —(1) The Council shall keep, in such form as may be approved of by the Minister, with the concurrence of the Minister for Finance, all proper and usual accounts and records of all monies received or expenditure incurred by it and, in particular, shall keep in such form as aforesaid such special accounts and records as the Minister may, with the concurrence of the Minister for Finance, from time to time direct.

(2) Accounts kept in pursuance of this section shall be submitted annually by the Council to the Comptroller and Auditor General for audit on a date not later than the thirtieth day of April in the year following the year to which the accounts relate, or on such other date as the Minister may from time to time determine, and, immediately after the audit, a copy of the accounts and of such other accounts, if any, as the Minister has directed to be kept, together with a copy of the report of the Comptroller and Auditor General on the accounts shall be presented by the Council to the Minister.

(3) The Minister shall cause copies of the accounts presented to him or her under this section by the Council, together with copies of the report of the Comptroller and Auditor General thereon, to be laid before each House of the Oireachtas.

(4) The Council shall provide the Minister with such information regarding the performance of its functions as the Minister may from time to time require.

Committees.

47. —The Council may—

(a) establish committees, consisting either wholly or partly of persons who are members of the Council, to assist it in the performance of its functions,

(b) delegate to a committee appointed under this section any of its functions that may be better or more conveniently performed by a committee, and

(c) at any time dissolve a committee appointed under this section or remove a member of a committee from such membership.

Annual Report.

48. —As soon as may be after the end of each year, the Council shall prepare and submit to the Minister, in such form as may be determined by the Minister, a report on the performance of the Council in that year.