Education Act, 1998 FAQ

Background

Before the Education Act, there was very little legislation governing primary education in Ireland and what was there dated from the last century. Schools operated under the Rules for National Schools. Changes to the Rules were made by administrative circulars issued by the Department. This is the first time that a number of rights and obligations in relation to the provision of primary education in Ireland are set out in law.

What does the Education Act say about the role of the patron?

A person who acted as patron of the school prior to the Act is recognised by the Minister as the patron of the school. For a new school established after the Act, a patron is defined as

‘the person who requested recognition of the school or a nominee of that person’ (Sec 8).

While it is the duty of the Board of Management to manage the school, the Board is accountable to the patron for upholding the ethos of the school as defined by the patron (Sec 15). The ethos of the school is defined as

‘the characteristic spirit of the school as determined by the cultural, educational, moral, religious, social, linguistic and spiritual values and traditions which inform and are characteristic of the objectives and conduct of the school’.

Most references to the patron in the Act relate to a requirement that the patron be consulted together with the Board of Management, Parent Associations, students and staff in relation to various issues, for example, proposed changes to existing rules and regulations.

How does a school gain recognition?

Under Section 10, a school must satisfy the following conditions in order to gain recognition:

• The number of students likely to attend the school is such as to make the school viable.
• Existing schools cannot meet the needs of students who are likely to attend.
• The patron undertakes to provide the religious or ethical curriculum.
• The patron agrees to have regular inspections and evaluations.
• The school complies with health, safety and building standards.
• The patron agrees that the school will operate in accordance with regulations issued by the Minister.

What are the functions of the Board of Management?

The patron is required, where practicable, to appoint a Board of Management (Sec 14). The Board is required to manage the school on behalf of the patron. Under Section 15, when carrying out its functions the Board is required to:

• Act in accordance with the policies determined by the Minister.
• Uphold, and be accountable to the patron for upholding, the ethos of the school.
• Consult with and inform the patron of decisions of the Board.
• Publish the policy of the school concerning admission to and participation in the school and ensure that the policy respects the choices or parents and the principles of equality.
• Promote respect for diversity in society.
• Have regard to the efficient use of resources, the public interest in the affairs of the school, and accountability to students, their parents, the patron, staff and the community served by the school.
• Make reasonable provision and accommodation for students with a disability or other special educational needs.

What’s new for Boards of Management?

• Boards must publish an enrolment/admissions policy which must include the school’s policy on suspension and expulsion (Sec 15).
• The Board of Management is now considered to be a single legal entity. Members of the Board can no longer be sued as individuals provided they act in good faith as part of a collective decision making process (Sec 14).
• Boards are required to put in place procedures for keeping parents informed of the operation and performance of the school (Sec 20).
• The Board must prepare a school plan in accordance with directions from the Minister and must arrange to have the school plan circulated to the patron, parents, teachers and other members of staff (Sec 21).

What does the Education Act say about Parents Associations?

Under Section 26, the Act specifically recognises Parents Associations and acknowledges their role in advising the Principal or Board of Management on ‘any matter relating to the school’ and the Principal or Board ‘shall have regard to any such advice’.

In addition, the Board is obliged to assist any group of parents wishing to establish a Parents Council in the school and to promote contact between the school, parents and the community.

What does the Education Act say about the complaints procedure?

Under Section 28, the Minister, in consultation with patrons, national associations of parents, school management organisations, trade unions, and staff associations representing teachers can prescribe procedures so that:

• A parent can appeal to the Board of Management against a decision of a teacher or other member of staff.
• Grievances of students or their parents relating to the student’s school can be heard.
• Appropriate remedial action can be taken as a result of an appeal or in response to a grievance.

Discussions to agree a complaints procedure to comply with the Act are ongoing. There is general agreement that the new procedure will be based on a revision and overhaul of the exiting INTO/Management Complaints Procedure. Until a new complaints procedure is agreed the existing procedure remains in place.

Can I appeal decisions of the Board of Management?

Under Section 29, parents can appeal a decision of a Board to refuse enrolment to a pupil, to suspend a pupil, or to expel a pupil.