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  Teaching Council Act 2001

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The Teaching Council Act was enacted in 2001 with the provision that “The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.” Although such an order has not yet been issued, the Minister for Education and Science, Mr Noel Dempsey, TD, announced recently that the first tranche of sections of the Act will be commenced during the summer.

The establishment of the Teaching Council or An Chomhairle Mhuinteoireachta has long been INTO policy. In 1994 the Organization published A Teaching Council, a report that contained detailed proposals in respect of the establishment of a Council. Following the publication of that report the INTO took a full part in the deliberations which in time led to the publication of the legislation. The objective of the Act is to provide for a large measure of self governance of the teaching profession.

The Act establishes the Teaching Council to regulate the profession and the professional conduct of teachers. In this respect it will establish, publish, review and maintain codes of professional conduct for teachers. Such occupational control will enable practicing teachers to have a real say in issues relating to teacher competency. It will also allow teachers to have a meaningful role in teacher education as the Council will be expected to establish and promote standards in teacher education and training, teaching knowledge, skill and competence and professional development.

The Register

A major function of the Council will be the establishment and maintenance of a Register of Teachers. In order to be employed in a primary school and paid from public funds a teacher will have to be registered with the Council. All serving/or eligible teachers will be deemed to be registered for one year from the date the Minister decides to establish the Act upon payment of a fee. Registration will have to be renewed every year.

Advisory Functions

In addition the Council will advise the Minister for Education and Science on teacher supply, qualifications for entry to teacher training and teacher professional development.

Membership of the Council

There will be 37 members on the Council, 22 of whom will be registered teachers. Eleven of these will be primary teachers. Of the eleven, 9 will be elected by teachers and 2 will be nominated by the INTO. According to the Minister for Education and Science preparation for regulations providing for the first election to the council is at an advanced stage. The INTO has had preliminary discussions with the Department of Education and Science on these regulations and will be seeking a further meetings in the very near future. The Act does provide for the election of members on as equitable a geographical basis as possible.

Removal from the Register

The Council may inquire into a teacher’s fitness to practise on various grounds such as professional misconduct, fraudulent or erroneous registration or medical unfitness to teach. If, following investigation, a finding is made by the Council that a teacher is unfit to teach, the teacher may be suspended or removed from the register. A right of appeal to the High Court is contained in the Act.

Young Teachers

The Council will have a particular relevance to newly qualified teachers as it will establish procedures in relation to the induction of teachers into the profession. It will also establish procedures and criteria for probation including the length of time for probation.

The INTO has long supported the establishment of the Teaching Council as a buttress against the expanding role of the state in education. Teachers who, in the past, relied upon the state to uphold professional competence and standards can no longer afford to do so. Teachers must be proactive and assume greater control over all aspects of their own professional expertise and competence.

The Teaching Council Act marks a watershed in the development of teaching as a profession in Ireland.

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