Organisation

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 and promote adult education and continuing education especially for those who did not previously avail of education
• provide a quality of education appropriate to the needs and abilities of people in the State
• to promote the rights of parents to send their children to a school of their choice having regards to the rights of the patron and the effective use of resources
• promote best teaching methods having regard to the diverse needs of students
• promote  effective liaison and consultation between schools, centres for education, parents, community services, local authorities health authorises and others with a special interest in and experience of education
• contribute to the  realisation of national educational policies and objectives
• contribute to the national policy in relation to bilingualism and the greater use of the Irish language
• contribute to the maintenance of Irish as the primary language in Gaeltacht areas
• enhance accountability and transparency

Department of Education

The Department of Education is accorded the role of determining  nationally

• education policy
• planning and coordination
• the provision of education in recognised schools and centres for education
• planning and coordination of support services.

The Department must ensure, that subject to the provisions of the legislation, education of a level and quality appropriate to the needs and abilities of the person is made available to each person resident in the State including persons with disabilities and special educational needs.

In particular, the Department must

• provide funding for each recognised school and centre for education
• provide support services
• monitor, assess the quality economy and efficiency of the education system provided by recognised schools and centres for education
• publish information regarding monitoring and assessment in accordance with the legislation
• leases lands and buildings to persons for  the purpose of establishing the school without prejudice to the establishment by patrons of schools on non-State land
• provide support services through Irish to recognised schools
• perform other functions specified in the legislation

The Minister must have regard to

• available resources
• provision of education and training by other agencies
• need for diversity of education services
• practices, traditions and organisation of schools as exist
• rights of schools to manage their affairs in accordance with legislation, charters, deeds articles of management and other instruments establishing them.

Departmental Support Services

Support services to be made available to meet needs which include

• assessment
• psychological guidance and counselling services
• technical aid and equipment including access and adaptations of buildings to facilitate access to
• provision for sign language,  including Irish sign language
• speech therapy
• transport services
• library and media services
• school maintenance facilities
• exams
• curriculum and advisory services
• provision for childhood primary and post-primary adult and continuing education to students with special needs in schools, centres for education or otherwise.

Consultation

The Minister must make reasonable efforts to consult with

• patrons,
• the National Association of Parents,
• parents’ associations in schools,
• recognised school management organisations,
• trade unions and staff associations  and
• those with a special interest in or knowledge of education including persons with an interest in and experience of the education of students with special needs.

Implementing Regulations

Minister / Department after consultation with parents through the  National Association of Parents recognised school management organisations, trade unions, staff associations for teachers make regulations the purpose of giving effect to the act. This  includes regulations relating

• to recognition and withdrawal of  the recognition of schools
• making of  grants to schools and centres for education
• appointments and qualifications of persons employed as teachers
• inspection of schools
• building maintenance and equipment
• length of the school year
• week and  day admission to schools
• access to schools by school attendance officers
• access by to schools for students with disabilities or who have special educational needs including matters relating to reasonable accommodation and technical aid
• procedures for promotion of liaison and cooperation between schools and centres of education with other schools and local authorities health authorities and voluntary bodies
• appeals
• the curriculum

Education Support Centre

An education support centre is a place where services are provided for schools teachers parents boards and other relevant persons in carrying out functions in respect of the provision of education which is so recognised by the Department. An education support centre may be recognised by the Department and registered. It must have a management committee to manage business and staff.

The Minister may make  regulations regarding

• the procedures for the appointment of the management committee
• the appointment and remuneration of staff
• the making of grants
• the provision of information on matters relating to the operation of the education support centres
• access to education support centres
• financial and other records.

Minimum Education

Education is compulsory between the ages of six and 15 years. Children must complete at least three years of post-primary education.

The Irish Constitution permits education in the home. It requires an undefined minimum standard for home education. The   Education (Welfare) Act 2000 makes provision for parents to educate their children in places other than recognised schools.

The Act states that parents must ensure their child receives a certain minimum education. There are detailed Guidelines on the Assessment of Education in places other than recognised schools (pdf). The guidelines provide a working definition of “a certain minimum education”. They describe home-based education and offer guidance on how it may be assessed. They also cover the legal background of home education.7