{"id":2404,"date":"2021-09-04T20:39:21","date_gmt":"2021-09-04T20:39:21","guid":{"rendered":"http:\/\/legalblog.ie\/?p=2404"},"modified":"2023-09-10T22:05:19","modified_gmt":"2023-09-10T22:05:19","slug":"teachers-performance-discipline","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/teachers-performance-discipline\/","title":{"rendered":"Performance &#038; Discipline"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/teachers-performance-discipline\/#Inpectorate\" title=\"Inpectorate\">Inpectorate<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/teachers-performance-discipline\/#Assessments\" title=\"Assessments\">Assessments<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/teachers-performance-discipline\/#Procedures\" title=\"Procedures\">Procedures<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/teachers-performance-discipline\/#Competence_Initial_stages\" title=\"Competence; Initial stages\">Competence; Initial stages<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/teachers-performance-discipline\/#Improvement_Plan\" title=\"Improvement Plan\">Improvement Plan<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/teachers-performance-discipline\/#Escalation\" title=\"Escalation\">Escalation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/teachers-performance-discipline\/#Hearing_Appeal\" title=\"Hearing &amp; Appeal\">Hearing &amp; Appeal<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/teachers-performance-discipline\/#Disciplinary_Matters\" title=\"Disciplinary Matters\">Disciplinary Matters<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/teachers-performance-discipline\/#Principals\" title=\"Principals\">Principals<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/teachers-performance-discipline\/#Complaints_by_Parents\" title=\"Complaints by Parents\">Complaints by Parents<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/teachers-performance-discipline\/#Disputes_with_Board\" title=\"Disputes with Board\">Disputes with Board<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Inpectorate\"><\/span>Inpectorate<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.\u00a0 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:<\/p>\n<ul>\n<li>evaluate the organisation and operation of the schools and centres and the quality and effectiveness of the education provided, including quality of teaching and effectiveness of individual teachers;<\/li>\n<li>evaluate educational standards, assess implementation and effectiveness of any programmes of education, provides for individuals with a disability or special education needs, stress the implementation of regulations, report to the Minister and the board, patron&#8217;s, parents and students as appropriate and as prescribed.\u00a0 These matters or on other matters relating to the activities of the schools etc.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Assessments\"><\/span>Assessments<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Inspectors may conduct assessments of the educational needs of children\u2019s in recognised schools, advise students, parents and schools as appropriate in relation to the education and development of students.<\/p>\n<p>They shall advise teachers and board in respect of the performance of their duties and include in particular assist teachers in employing improved methods of teaching and conducting classes.\u00a0 They shall advise parents and parents associations.<\/p>\n<p>Primary schools are generally inspected on a cyclical basis.\u00a0 Individual teachers are inspected in accordance with the rules for national schools.\u00a0 Inspectors must grow in relation to probationary teachers.<\/p>\n<p>Inspectorate is also involved in curriculum development, implementation of initiatives, career development of teachers, advice and support of schools boards, teachers and parents, advice and support on buildings.<\/p>\n<p>The Inspectorate is a division of the Department of Education.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Procedures\"><\/span>Procedures<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Education Act provides procedures in respect of suspension and dismissal of teachers by the board of management.\u00a0 Different provisions, procedures apply to matters relating to competence and those relating to conduct.<\/p>\n<p>Procedures are designed to comply with principles of constitutional justice.\u00a0 Circumstances may warrant that the teacher be suspended on full pay.\u00a0 The grounds of complaint are advised in writing to the teacher and copies of relevant documentation are to be furnished.\u00a0 Full details of the complaint and allegations must be set out.<\/p>\n<p>The teacher must have access to his or her personal file.\u00a0 The teacher must be given the opportunity to give a full response to the allegations and complaints made.<\/p>\n<p>The teacher may avail of representation.\u00a0 There is a right to examine and challenge evidence put forward and witnesses making or supporting the complaint.\u00a0 There must be a fair and impartial examination of the issues in question, taking account of the allegations and responses and representations made for and on behalf of the teacher.<\/p>\n<p>The duty, board of management must act fairly and reasonably and in a confidential manner protecting the dignity of the teacher and confidentiality.\u00a0Where the disciplinary sanction is imposed, it must be proportionate to the matter concerned. Reasonable and appropriate support and training are to be provided.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Competence_Initial_stages\"><\/span>Competence; Initial stages<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The procedures in relation to professional competence involve five stages.\u00a0 There is a provision for an informal stage, largely involving the principal and informal guidance and direction.<\/p>\n<p>If the principal is concerned that the teacher may have issues of professional competence with work, the teacher is advised orally of the nature and extent of the concerns, the relevant documents are furnished, be given a copy of the agreed procedures.<\/p>\n<p>A principal should seek to explore the issues and causes, agree to the steps to be taken.\u00a0 The teacher may be advised to take advantage of, avail of internal or external supports.\u00a0 The purpose is to ensure that through dialogue, the issues are resolved and the matter agreed upon so that no further action is necessary.<\/p>\n<p>Where the teacher fails to engage with the process or there continues to be concerns of competence, the principal is to advise the board, provide a written report.<\/p>\n<p>The teacher may invoke the external review at that stage.\u00a0 Alternatively, the teacher may respond and be given an opportunity to address the board of management in relation to the matter if he wishes.\u00a0 The board may then decide on how to proceed.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Improvement_Plan\"><\/span>Improvement Plan<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where the board is of the view that there are sufficient grounds, it will charge the principal with finding the required improvement plan.\u00a0 The plan is to specify in writing the shortfalls and the required improvement.<\/p>\n<p>It shall set out supports and training available.\u00a0 The necessary remediation is to take place, generally takes place within a time frame laid out in the plan.<\/p>\n<p>Where the principal reports that the required improvement has taken place, the board will inform the teacher in writing and the process would be concluded.\u00a0 If it has not taken place, the board will consider the matter further, if not, the teacher is given the opportunity for an oral and written response to the principal&#8217;s report.<\/p>\n<p>The board may decide that sufficient progress has been made, that the improvement plan should be modified and that the improvement is not being brought about.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Escalation\"><\/span>Escalation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where the board of management decide that the required improvement has not taken place, or if the teacher elects at the outset, they request the Chief Inspector to arrange a review of the work.\u00a0 This is to include details of the works, nature of support offered and the extent to which the reports are being availed of.<\/p>\n<p>The Chief Inspector is to satisfy himself as to the appropriate support being offered.\u00a0 He may seek further information from the teacher in the school.\u00a0 Chief Inspector may appoint a person now to conduct the review as appears appropriate.\u00a0 The review may involve a series of visits by members of the inspectorate.<\/p>\n<p>The person designed will make a report to the Chief Inspector who makes this available to the board of management and the teacher.\u00a0 The teacher must be given an opportunity to respond.\u00a0 The Board needs to consider the report of the Chief Inspector and the response of the teacher.\u00a0 It may take no further action and may decide to proceed to a disciplinary hearing.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Hearing_Appeal\"><\/span>Hearing &amp; Appeal<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Stage Four involves a disciplinary hearing.\u00a0 The teacher may be represented by a colleague or a trade union representative.\u00a0 At least seven days notice of the meeting must be given.\u00a0 The teacher must be given an opportunity to put his case in full and challenge evidence.<\/p>\n<p>The board of management makes a judgment on the matter.\u00a0 It takes account of the conclusions of the report of the Chief Inspector and other evidence and the teacher&#8217;s representations.<\/p>\n<p>The disciplinary action may involve one of the following sanctions: final written censure, deferral of an increment, withdrawal of an increment, suspension with pay, suspension without pay for a limited period, dismissal.<\/p>\n<p>The teacher may appeal against the board&#8217;s action to an independent panel appointed by the board of management.\u00a0 The Board of management is to inform the Department of Education, the nature of the action to comply with Teaching Council requirements.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Disciplinary_Matters\"><\/span>Disciplinary Matters<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A separate procedure applies in respect of disciplinary matters.\u00a0 The procedure applies to teachers in primary, secondary, community and comprehensive schools.\u00a0 It involves an informal stage, verbal warning, written warning, final written warning.\u00a0 Sanction including withdrawal of an increment, suspension with or without pay, demotion or dismissal.\u00a0 Management makes that relevant decision.<\/p>\n<p>The Teacher&#8217;s Disciplinary Appeal Panel is comprised of an independent chairman from a panel nominated by the Minister for Education, representatives of the recognised management body, nominee of the relevant teacher union.<\/p>\n<p>The panel may review the decision and disciplinary procedures on the basis that the relevant procedures were not adhered to, relevant facts were not ascertained, the teacher was not afforded a reasonable opportunity to answer the allegation, the sanction is disproportionate to the misconduct or underperformance.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Principals\"><\/span>Principals<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are separate suspension and discipline procedures in respect of principals.\u00a0 Similar principles underlie the process.\u00a0 There are different procedures in respect of conduct related disciplinary matters and competence matters.<\/p>\n<p>In relation to competence, there is a multi-stage procedure.\u00a0 The first stage involves an informal stage between the chairperson and the principal.\u00a0 The formal process involves the chairman reporting to the board.\u00a0 The principal may invoke stage three, external review procedure, at this stage or it may proceed between the principal and the board.\u00a0 The chairperson takes the principal role.<\/p>\n<p>The discretion for external review involves reference to the Chief Inspector and appointee.\u00a0 If the matter proceeds further, there is a hearing before the board.\u00a0 The principal may be represented by a trade union representative or colleague.\u00a0 The potential sanctions in the event that the matter was upheld include deferral of increments, withdrawal of increments, suspension, with or without pay, and dismissal.<\/p>\n<p>There is a similar provision in respect of discipline as in respect of a teacher.\u00a0 Once again, the chairperson is the principal party in the early stages.<\/p>\n<p>There is a provision for a disciplinary appeal panel.\u00a0 It is to comprise, independent chairperson for a panel nominated by the Minister, representative of a recognised management body and nominee of a relevant teacher&#8217;s union.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Complaints_by_Parents\"><\/span>Complaints by Parents<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Department of Education publishes procedures for dealing with complaints by parents and guardians in respect of teachers.\u00a0 They may deal with matters of competence and conduct.\u00a0 Complaints which are frivolous and vexatious or are irrelevant to the school are ineligible.<\/p>\n<p>There is a multistage procedure involving provision for natural justice.\u00a0 Complaints are to be made to the class teacher in the first instance.\u00a0 The matter may then be escalated to the principal and ultimately to the chairperson of the board of management. The chairperson may refer the matter to the board.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Disputes_with_Board\"><\/span>Disputes with Board<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is a grievance procedure agreed between the Irish National Teachers&#8217; Organisation and the principal management body.\u00a0 Its purpose is to provide a mechanism for the resolution of grievances in a national school which a teacher or a principal teacher may have against the board of management in respect of the exercise of its functions to the chairperson or principal teacher.<\/p>\n<p>It is to relate generally to breaches of school rules, policies, procedures or practices.\u00a0 It will not deal with matters covered by specific legislation such as anti-discrimination legislation and matters which are more appropriate to industrial relations type bodies.<\/p>\n<p>There is a multistage procedure.\u00a0 There is provision for appeal of the board of management&#8217;s decision to an independent Tribunal.\u00a0 The chairperson of the board is to notify the patron, the general secretary of the INTO and invite these parties to select an agreed independent person to act as chairperson of the Tribunal and each to appoint a person who is not associated with the matter.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-2404\" data-postid=\"2404\" class=\"themify_builder_content themify_builder_content-2404 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>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.\u00a0 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 [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[81],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2404"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=2404"}],"version-history":[{"count":6,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2404\/revisions"}],"predecessor-version":[{"id":27192,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2404\/revisions\/27192"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=2404"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=2404"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=2404"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}