General The Youth Work Act 2001 primary aims were to expand the functions of vocational education committees concerning youth work, including granting permissions, appointing a Youth Work Assessor, establishing Voluntary Youth Councils, coordinating organizations engaged in youth work, and forming the National Youth Work Advisory Committee. The 2001 Act underwent significant amendments by the Education and Training Boards Act 2013. According to the Act, a […]
Transfer to Education Minister The purpose of Child and Family Agency (Amendment) Act 2021 is to amend the Child and Family Agency Act 2013 in order to provide the Minister for Education with appropriate governance and oversight of the education welfare functions performed by the Child and Family Agency in light of the above-mentioned transfer of responsibility for those functions from the Minister for Children, […]
Technological Universities Act 2018 The main purpose of the Act is to provide for the establishment of technological universities, a new type of higher education institution to be formed through the consolidation and merger of existing institutes of technology. The Act also provides for the revision of the governance arrangements of the Dublin Institute of Technology and the institutes of technology under the Dublin Institute […]
Objectives The purpose of the Higher Education Authority Act reforms the legislative framework for the higher education system enabling improved oversight and regulation of higher education institutions. The legislation repeals the Higher Education Authority Act 1971 and provides a legal basis for the functions of An tÚdarás Um Ard-Oideachas, (the Higher Education Authority, (HEA)) and the role of the Minister. The core objectives of the […]
Board Policy The Board shall publish, in such manner as the board with the agreement of the patron considers appropriate, the policy of the school concerning admission to and participation in the school, including the policy of the school relating to the expulsion and suspension of students and admission to and participation by students with disabilities or who have other special educational needs The principal […]
Policy The Education Act, 1998 requires the Boards of Management of each school to publish the policy of the school relating to participation by students with special educational needs, including students who are exceptionally able. The measures schools take in this regard are required to be stated in the school plan. The 1998 Act provides that every person concerned with the implementation of the legislation […]
Board of Management It is the duty of the patron to appoint a Board of Management where practicable. Some schools, particularly private schools, have not done so. The extent to which “practicable” limits the duty is not clear. It is arguably contrary to the intention and purpose of the legislation, which prescribes accountability to parents through the Boards of Management. Boards of Management have corporate […]
Complaint A person (including the Council) may make a complaint to the investigating committee in relation to a registered teacher. The committee may investigate the complaint where it concerns any of the following, Failure to comply with any provision of the Education Acts , Teaching Council Act, Education of Persons with Special Needs act, Education and Training Board Act. Behaviour constitutes professional misconduct Poor professional […]
Overview The Education (Admission to Schools) Act 2018 provides the framework for school enrolment that is designed to ensure that every child is treated fairly and that the way in which schools decide on applications for admission is structured, fair and transparent. The Act applies to recognised schools. A school must establish and maintain an admission policy which provides for maximum accessibility to the school. The […]
Pre-National Schools Prior to the introduction of the National School System, there was no systematic provision of education in Ireland. The Kildare Place Society and Catholic teaching orders provided education in some places. Church-related agencies provided schools, some with and some without state aid. Those provided with government aid were mainly associated with the established church. The Presentation Sisters found in 1791, the Mercy Sisters […]
1945-1967 In the two Inter-party governments of 1948 – 51 and 1954 to 1957, Richard Mulcahy, the leader of Fine Gael, the biggest party, was Minister for Education although not Taoiseach for political reasons). The Council of Education was established in 1950. It consisted primarily of professional educators. The Council examined the curriculum of primary and secondary schools and produced two reports. A significant number […]
Pre-school service regulation. The HSE has overall charge of safety and welfare issues in pre-school services. In this context, pre-school children are those under six years of age, who are not attending a national school or an equivalent. They include playgroups, crèches, nurseries, child-minders, and similar services looking after more than three pre-school children. Providers of pre-school care must register with the HSE. They are […]
Programme of Action The Programme for Action in Education 1984 to 1987 promoted the idea of a permanent and continuing education for all citizens and equal opportunities for educational advancement. It mentioned the possibility of positive discrimination in favour of persons who are educationally disadvantaged. The Programme emphasised the relevance of the educational process to work and participation in education by both sexes. At post-primary […]
EU Rights of Establishment European laws on the establishment of businesses and migrant workers create rights for European Union nationals to set up businesses and be employed in other EU states. States must not discriminate against persons exercising these rights or their families. Children of EU nationals must be admitted to the state’s educational apprenticeship and vocational training schemes on the same conditions as those […]
Functions of Council The Teaching Council was established under the Teaching Council Act 2001 as an independent body. Its objects are to regulate the teaching profession and the professional conduct of teachers. It also establishes and promotes the improvement of standards in teacher education and training, teacher competence in primary and post-primary schools, professional conduct. It promotes continuing education and training and professional development of […]
Educational Guarantee ARTICLE 42 2 Parents shall be free to provide this education in their homes or in private schools or in schools recognised or established by the State. 3 1° The State shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the State, or to any particular type of school designated by the […]
Nature of Office General employment laws apply to teachers. However, the structure of education in Ireland has led to a unique triangular relationship between the Department of Education, schools/Board of Management and the teachers. Teachers employed in national schools are employed by the manager on behalf of the school patron. The Boards are bodies corporate and are the employer. Many of the terms and conditions […]
Duty of Care to Pupils A teacher and the school authority generally the Board of Management has a duty of care to pupils. This arises from the fact that they have been entrusted to the care and control of the school and the teacher. In earlier times, and it the context of smaller schools it was said that the duty arises from the teacher-pupil relationship. […]
Background Traditionally, discipline was governed by non-statutory rules and practices. A number of regulations and circulars were issued by the Department of Education which were relevant to the issues. Very few cases were litigated. However, some cases concerning alleged assaults were taken. Corporal punishment was in effect allowed at common law. The teacher was in loco parentis (in the place of the parent) during school […]
1922-1932 Upon the establishment of the Irish Free State and partition, the education legislation of Northern Ireland and the Irish Free State diverged. Educational legislation was changed significantly in Northern Ireland after the partition so that each state followed a different path. In the Free State, education proceeded along the denominational line. The non–denominational training college was closed, and its student teachers transferred to denominational […]
Secondary Education Background After the Catholic Relief Act 1792, Catholic Secondary Education developed. Religious orders established denominational schools throughout Ireland without state assistance. They were owned generally by the diocese or religious order concerned. A select committee of the House of Commons in 1835 examined the existing state of schools and proposed the establishment of new schools on a nationwide basis. Elementary education would be […]
Scholl Attendance The parents of a child must cause the child to attend a recognised school on each school day. This is not to apply where the child is registered to receive education outside school such registration as pending is temporarily attending school outside the State there exists sufficient cause for not attending Where a child is absent from school during part of a day […]
Educational Welfare Act The Educational Welfare Act 2000 deals with registration of children receiving education other than in recognised schools compulsory attendance of certain children at recognised schools establishment of the National Educational Welfare Board coordination of school attendance with other relevant bodies and the supply of data by persons relating to educational history to certain persons. NEWB The function of the National Educational Welfare […]
Setting the Curriculum The Department following consultation with school patrons, the National Association of Parents recognised school management organisations, trade unions and staff associations representing teachers may prescribe the curriculum for recognised schools including subjects to be offered syllabus for each subject amount of instruction time to be allotted to each subject guidance and counselling provision The Department may have regard to the characteristic spirit […]
National Schools The national schools were established under the so-called Stanley letter in 1831. The schools were originally multidenominational with a limitation and division between religious and non-religious education. Originally a sign was to be hung when religious education was in progress. All religious symbols were to be removed. Parents had a right to remove children from religious education if it conflicted with their beliefs. […]
The Education Act The Education Act 1998 placed the organisation of the system of primary and secondary education on a formal legal basis for the first time. The objective of the Education Act was to give practical effect to the rights Constitutional rights of children including those with disabilities and special educational needs to education promote equality of access to and participation in education provide […]
Codes of Behaviour Boards of Management of schools must after consultation with teachers, parents, Educational Welfare Officers prepare a code of behaviour in respect of students registered at the school. The code of behaviour must specify: standards of behaviour to be observed by students attending the school; measures to be taken when the student fails or refuses to observe standards; procedures to be followed before […]
Appointment of Board It is the duty of the patron of the school to appoint a board of management. The composition is to be agreed upon between patrons of schools, the National Parents Associations, recognised school management organisations, trade unions and staff associations representing teachers as well as the Department. The board is appointed certain functions by the legislation. Each board is a corporate body […]
Inpectorate The function of the Inspectorate is to support and advise recognised schools, centres for education and teachers in matters relating to the provision of education. They shall visit recognised schools and centres on the initiative of the Inspectorate following consultation with the board patron, parents of the students and teachers as appropriate to any of the following: evaluate the organisation and operation of the […]
Reorganised Governance The existing provisions and functions of governing bodies were reframed. The governing bodies reserved the functions in relation to the appointment of the director and staff was amended. The function in relation to committees was strengthened. The colleges are, in so far as possible to contribute to the promotion of economic, cultural and social development of the State and in respect of the […]
Reorganisation under HEA The Regional Technical Colleges Acts provided for the establishment of Regional Technical Colleges. There are equivalent provisions in the Dublin Institute of Technology Acts which largely mirror the Regional Technical Colleges Act. The legislation was amended by the Institutes of Technology Act 2006. The Institutes of Technology Act 2006 provided for an improved framework for higher education by placing the Institutes of […]
Reorganisation of VECs Education and Training Boards Act 2012 reorganises the existing Vocational Education Committees as Education and Training Boards. It reformed governance and updates the functions of the Board to better reflect the evolution of the VECs and seeks to better reflect the evolved role of the VEC. The Vocational Education Committees were replaced by Education and Training Boards. Persons who were members of […]
Background Originally, VECs provided education at the post-primary level only. The roles of the Vocational Education Committee expanded significantly, and they came to provide a wide range of education in the second and third level areas. Vocational Education Committees were originally established with a strong county council linkage. The linkage remained strong, but over time the role of the Department of Education and other participants […]
Universities The Universities Act 1997 constituted and established certain colleges and universities as universities under the legislation. It provided for the incorporation of educational institutions as parts of universities or as universities in their own right. It provided for the governance of universities in receipt of monies from the State. The Universities Act applies to the below universities and other universities as may be established […]
Modern Legislation The Student Support Act 2011 replaced the grant system under the Local Authorities (Higher Education Grants) Act 1968.It provided for a unified scheme replacing four existing schemes. All schemes are now on a statutory footing. The Minister is to advance funds to the awarding authority with the consent of the Minister for Finance. Regulations may be made by the Department to give effect […]
Universities Act The Universities Act applies to all universities. It sets out the objectives and functions of a university, the structure, the functions of its governing body, staffing arrangements academic counsel, planning and evaluation of progress. It also deals with finance reporting and property issues. The Act recognises the NUI colleges as largely autonomous A university is entitled to regulate its affairs in accordance with […]
Institutes of Technology The non-university sector remains under the control of the Minister for Education. The university and non-university sectors are perceived as having different roles. The non-university sector was expected to develop a distinct role in relation to technical training and practical orientation of programs and maintain a regional focus. There were two categories of Institute of Technology. One group comprises 13 which emerge […]