{"id":2417,"date":"2021-09-04T21:59:11","date_gmt":"2021-09-04T21:59:11","guid":{"rendered":"http:\/\/legalblog.ie\/?p=2417"},"modified":"2024-04-09T21:46:58","modified_gmt":"2024-04-09T21:46:58","slug":"curriculum","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/curriculum\/","title":{"rendered":"Curriculum"},"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 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/curriculum\/#Setting_the_Curriculum\" title=\"Setting the Curriculum\">Setting the Curriculum<\/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\/curriculum\/#Irish_Language\" title=\"Irish Language\">Irish Language<\/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\/curriculum\/#Educational_Disadvantage\" title=\"Educational Disadvantage\">Educational Disadvantage<\/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\/curriculum\/#NCCA\" title=\"NCCA\">NCCA<\/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\/curriculum\/#Role_of_NCCA\" title=\"Role of NCCA\">Role of NCCA<\/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\/curriculum\/#Conduct_of_Exams\" title=\"Conduct of Exams\">Conduct of Exams<\/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\/curriculum\/#Exam_Offences\" title=\"Exam Offences\">Exam Offences<\/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\/curriculum\/#Limiting_Access_to_Certain_Information\" title=\"Limiting Access to Certain Information\">Limiting Access to Certain Information<\/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\/curriculum\/#Religious_Instruction\" title=\"Religious Instruction\">Religious Instruction<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#EDUCATION_ACT\" title=\"EDUCATION ACT\">EDUCATION ACT<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Curriculum\" title=\"Curriculum.\">Curriculum.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Teaching_through_Irish\" title=\"Teaching through Irish.\">Teaching through Irish.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Establishment_of_National_Council_for_Curriculum_and_Assessment\" title=\"Establishment of National Council for Curriculum and Assessment.\">Establishment of National Council for Curriculum and Assessment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Composition_and_appointment\" title=\"Composition and appointment.\">Composition and appointment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Objects_and_functions\" title=\"Objects and functions.\">Objects and functions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Consultation_with_designated_bodies\" title=\"Consultation with designated bodies.\">Consultation with designated bodies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Chief_executive_officer\" title=\"Chief executive officer.\">Chief executive officer.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Staff\" title=\"Staff.\">Staff.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Grants\" title=\"Grants.\">Grants.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Accounts_and_information\" title=\"Accounts and information.\">Accounts and information.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Committees\" title=\"Committees.\">Committees.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Examinations\" title=\"Examinations\">Examinations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Examinations-2\" title=\"Examinations.\">Examinations.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Regulations\" title=\"Regulations.\">Regulations.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Offences\" title=\"Offences.\">Offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Refusal_of_access_to_certain_information\" title=\"Refusal of access to certain information.\">Refusal of access to certain information.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#The_Council\" title=\"The Council\">The Council<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Examinations-3\" title=\"Examinations\">Examinations<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#EDUCATION_LEAVING_CERTIFICATE_2021_ACCREDITED_GRADES_ACT_2021\" title=\"EDUCATION (LEAVING CERTIFICATE 2021) (ACCREDITED GRADES) ACT 2021\">EDUCATION (LEAVING CERTIFICATE 2021) (ACCREDITED GRADES) ACT 2021<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#System_of_accredited_grades\" title=\"System of accredited grades\">System of accredited grades<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Indemnity_for_certain_persons\" title=\"Indemnity for certain persons\">Indemnity for certain persons<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Prohibition_on_certain_communications\" title=\"Prohibition on certain communications\">Prohibition on certain communications<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Provision_of_false_information\" title=\"Provision of false information\">Provision of false information<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Functions_conferred_on_Commission_relating_to_system_of_accredited_grades\" title=\"Functions conferred on Commission relating to system of accredited grades\">Functions conferred on Commission relating to system of accredited grades<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Regulations_in_relation_to_system_of_accredited_grades\" title=\"Regulations in relation to system of accredited grades\">Regulations in relation to system of accredited grades<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Designation_of_persons_as_tutors\" title=\"Designation of persons as tutors\">Designation of persons as tutors<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Issue_of_certificate_of_final_results_of_Leaving_Certificate_Examination_for_the_year_2020\" title=\"Issue of certificate of final results of Leaving Certificate Examination for the year 2020\">Issue of certificate of final results of Leaving Certificate Examination for the year 2020<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/curriculum\/2\/#Data_protection\" title=\"Data protection\">Data protection<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Setting_the_Curriculum\"><\/span>Setting the Curriculum<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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<\/p>\n<ul>\n<li>subjects to be offered<\/li>\n<li>syllabus for each subject<\/li>\n<li>amount of instruction time to be allotted to each subject<\/li>\n<li>guidance and counselling provision<\/li>\n<\/ul>\n<p>The Department may have regard to the characteristic spirit of the school in exercising its functions. It must not require a student to attend instruction on a subject which is contrary to the conscience of the parent or the student if over 18 years.<\/p>\n<p>The Minister may consult with the National Council for Curriculum and Assessment in relation to the curriculum. The Minister may establish bodies of persons to conduct research advise and curricular matters.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Irish_Language\"><\/span>Irish Language<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Department must take steps to promote teaching through Irish. In particular, it must<\/p>\n<ul>\n<li>establish bodies to plan and coordinate textbooks and learning aids in Irish<\/li>\n<li>advise on policies relating to the provision or promotion of education through \u00a0the medium of Irish generally and in Gaeltacht areas<\/li>\n<li>provide support systems through the medium of Irish<\/li>\n<\/ul>\n<p>A body may be established dealing with education to Irish. It must advise the National Council for Curriculum and Assessment on matters relating to<\/p>\n<ul>\n<li>the teaching of Irish<\/li>\n<li>provision of education through Irish including matters relating to the curriculum<\/li>\n<li>educational needs of persons living in Gaeltacht areas<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Educational_Disadvantage\"><\/span>Educational Disadvantage<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister after consultation with certain parties may establish an educational disadvantage committee to advise on policies and strategies to identify and correct educational disadvantage. Up to half of the membership shall be appointed from voluntary and other bodies who are relevant to the work of the committee.<\/p>\n<p>The committee must prepare and submit a statement containing proposed policies and strategies for the identification and correction of educational disadvantage and areas of activity to which the committee accords priority. In preparing the statement, the committee shall regard to resources including financial resources, the public interest in ensuring that the resources are available and applied in an effective and efficient manner.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"NCCA\"><\/span>NCCA<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The National Council for Curriculum and Assessment is an independent body which undertakes functions in relation to curriculum for primary and post-primary schools.\u00a0 It provides for assessment procedures for subjects.<\/p>\n<p>Members are appointed by the Minister in accordance with regulations.The membership of \u00a0the council is determined by the Minister following consultation with patrons, the \u00a0National Association of Parents, \u00a0recognised school management bodies, recognised trade unions and staff associations and other persons as appropriate.<\/p>\n<p>In determining the membership of the Council, the Minister must ensure in so far as practicable that is representative of bodies and persons involved in education and early childhood, \u00a0primary and post-primary levels including staff associations and national associations of parents. It must include<\/p>\n<ul>\n<li>persons who have skills in business and industry that are relevant to the council<\/li>\n<li>persons who have a special interest in the education of school students with a disability or special educational needs<\/li>\n<li>representatives of Irish language organisations as are appropriate.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Role_of_NCCA\"><\/span>Role of NCCA<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Council advises the Minister&#8217;s relating to<\/p>\n<ul>\n<li>the curriculum for \u00a0early childhood education, primary and post-primary education<\/li>\n<li>the assessment procedures in schools examinations on subjects which are part of the curriculum<\/li>\n<li>It is the function of the Council<\/li>\n<li>to review the curriculum and syllabuses<\/li>\n<li>to advise the Department on methods of assessment and their effectiveness<\/li>\n<li>to advise on strategies for a successful transition from primary to post-primary school level<\/li>\n<li>to advise the Minister on standards of knowledge and skills which students of various age levels should attain<\/li>\n<li>he mechanisms for assessing achievement of standards having regard to national and international standards and good practice<\/li>\n<li>review in-service training needs of teachers including needs related to new curricula subjects and syllabuses<\/li>\n<li>advise on the requirements regarding curriculum and syllabuses for students with disabilities or special education needs<\/li>\n<li>advise strategies which have their \u00a0objective the enhancement and effectiveness of teaching and use of Irish language<\/li>\n<li>promote research and development in \u00a0education<\/li>\n<\/ul>\n<p>The Minister may designate persons and organisations with a special interest in the functions of the Council. The Council must consult with designated bodies when requested to do so by the Minister.<\/p>\n<p>Designated bodies may make representations to the Council on relevant matters. The council must give designated members a copy of each publication by it.<\/p>\n<p>The Council consists has a full-time chief executive who shall carry on manage and controlled the administration of the council and its staff. The council must report annually.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Conduct_of_Exams\"><\/span>Conduct of Exams<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Intermediate Examinations \u00a0Act 1878 governs the conduct of the Junior Cert and Leaving Cert.\u00a0 The exams are under the control of the State Examination Commission and Department of Education.The State Examinations Commission -is responsible for the development, assessment and accreditation of second level examinations.<\/p>\n<p>Part VIII of the Education Act 1998 provides for examinations.\u00a0 They are set out in the schedule to the Act.\u00a0 Schedule 2.\u00a0 The Minister may make regulations as are necessary for the conduct of examinations.<\/p>\n<p>The Minister may make regulations for the effective conduct of examinations. This may relate to matters including<\/p>\n<ul>\n<li>preparation of the paper and materials<\/li>\n<li>procedures on examinations conduct and supervision<\/li>\n<li>marking<\/li>\n<li>issue of results<\/li>\n<li>charging of fees<\/li>\n<li>terms of appeal<\/li>\n<li>penalties for breach of regulation<\/li>\n<li>designation of places<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Exam_Offences\"><\/span>Exam Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person who<\/p>\n<ul>\n<li>knowingly and without lawful authority publishes or has in his possession without lawful authority an examination paper prior to the examination concerned,<\/li>\n<li>carries out any duties related to the preparation of exam papers knowingly and without lawful authority \u00a0provides a candidate or other \u00a0person with information relating to the material with the intention of providing an advantage<\/li>\n<li>knowingly or willingly credits a candidate with \u00a0higher marks than those which he is entitled to with the intention of conferring an advantage<\/li>\n<li>knowingly or maliciously credits a candidate lower \u00a0marks than those to which is entitled to<\/li>\n<li>impersonates a candidate<\/li>\n<li>knowingly allows a person to personate a \u00a0candidate<\/li>\n<li>knowingly or maliciously destroys or damages any material relating to an examination<\/li>\n<li>knowingly or maliciously y obstructs any candidate, or a person engaged in examination or interferes with its conduct<\/li>\n<li>knowingly and without lawful authority alters and certificate or record containing results<\/li>\n<li>knowingly issues make use of any certificate or document which purports to be issued by an examination authority \u00a0containing results which he knows to be false<\/li>\n<\/ul>\n<p>is guilty of an offence.<\/p>\n<p>It is an offence to aid abet, counsel any person to commit ant such offence. A person who is guilty of an offence may be subject to a penalty of up to \u20ac1,830 or imprisonment up to six months on summary conviction or both or on conviction on indictment a fine up to \u20ac6,350 \u00a0imprisonment not exceeding two years or both.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Limiting_Access_to_Certain_Information\"><\/span>Limiting Access to Certain Information<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Freedom of Information Act have provision for refusal of access to information insofar as it relates to any records that would enable the compilation of information (that is not otherwise available to the general public) concerning the comparative performance of schools in respect of the academic achievement of students enrolled therein, including, and without prejudice to the generality of the foregoing\u2014<\/p>\n<ul>\n<li>the overall results in any year of students in a particular school in an examination or assessment or<\/li>\n<li>the comparative overall results in any year of students in different schools in an examination or assessment;<\/li>\n<\/ul>\n<p>The matter was considered by the Supreme Court in relation to an application by the Irish Times under the Freedom of Information Act.\u00a0 The Information Commissioner allowed redacted access.\u00a0 The High Court upheld the Information \u00a0Commissioner\u2019s decision that redacted versions of the reports be made available.<\/p>\n<p>The 2007 Act provides that the State Examination Commission may regulate access to information, which would facilitate the compilation of school league tables grounded on academic performance.<\/p>\n<p>The Minister may refuse access to information that would enable the compilation of \u00a0information in relation to the comparative performance of schools in respect of academic achievement including<\/p>\n<ul>\n<li>Overall \u00a0results in a year of students in the school<\/li>\n<li>composite overall results.<\/li>\n<\/ul>\n<p>He may refuse access to information related to the identity of examiners.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Religious_Instruction\"><\/span>Religious Instruction<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The revised curriculum for primary schools provides that it is the responsibility of the school to provide religious education that is consistent with its ethos and, at the same time to be flexible in making alternative organisational arrangements for those who do not wish to avail of a particular religious education it offers.\u00a0 It is equally important that the beliefs and sensibilities of every child are respected.<\/p>\n<p>The Education Act provides that a student shall not be required to attend instruction which is contrary to the conscience of the parent or in the case of a student over 18, the student.\u00a0 In broad terms, schools are left to make their own arrangements regarding religious instruction and worship and matters relating to the school&#8217;s ethos or characteristic spirit.<\/p>\n<p>The characteristics spirit need not be religious in nature.\u00a0 In practice, the majority of schools are managed under a religious denomination, which will reflect its ethos.<\/p>\n<p>Provided that the prescribed curriculum is taught in school, the school management retains the discretion as to teaching of other subjects, including religious subjects affecting the ethos of the school.<\/p>\n<p>Under the 1999 curriculum, the school is responsible for providing religious education consistent with its ethos.\u00a0 The content, syllabus and supervision of examinations are matters for the denominational school authority.<\/p>\n<p>Religious education, in a broader sense, is under the control and supervision of the State and may be the subject of a state exam.\u00a0 This is distinguished from religious instruction which pertains to a particular religion.<\/p>\n<p><!--nextpage--><\/p>\n<h2>EDUCATION ACT<\/h2>\n<p>&nbsp;<\/p>\n<p>Section 30<\/p>\n<h4>Curriculum.<\/h4>\n<p>30.\u2014(1) The Minister may, from time to time, following such consultation with patrons of schools, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, as the Minister considers appropriate, prescribe the curriculum for recognised schools, namely\u2014<\/p>\n<p>(a) the subjects to be offered in recognised schools,<\/p>\n<p>(b) the syllabus of each subject,<\/p>\n<p>(c) the amount of instruction time to be allotted to each subject, and<\/p>\n<p>(d) the guidance and counselling provision to be offered in schools.<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), the Minister\u2014<\/p>\n<p>(a) shall have regard to the desirability of assisting schools to exercise their powers as provided for under subsection (4),<\/p>\n<p>(b) shall have regard to the characteristic spirit of a school or class of school in exercising his or her functions under this section,<\/p>\n<p>(c) may give directions to schools, where he or she considers it appropriate, to ensure that the subjects and syllabuses pursued in those schools are appropriate and relevant to the educational and vocational needs of the students in those schools,<\/p>\n<p>(d) shall ensure that the amount of instruction time to be allotted to subjects on the curriculum as determined by the Minister in each school day shall be such as to allow for such reasonable instruction time, as the board with the consent of the patron determines, for subjects relating to or arising from the characteristic spirit of the school, and<\/p>\n<p>(e) shall not require any student to attend instruction in any subject which is contrary to the conscience of the parent of the student or in the case of a student who has reached the age of 18 years, the student.<\/p>\n<p>(3) The Minister may\u2014<\/p>\n<p>(a) consult with the National Council for Curriculum and Assessment and such other persons or bodies of persons as the Minister considers appropriate on any matter relating to the curriculum for recognised schools, and<\/p>\n<p>(b) establish, as the Minister considers appropriate, such bodies of persons to conduct research and to advise him or her on matters relating to his or her duties under this section.<\/p>\n<p>(4) A school may, subject to the requirement that the curriculum as determined by the Minister is taught in that school, provide courses of instruction in such other subjects as the board considers appropriate.<\/p>\n<p>Section 31<\/p>\n<h4>Teaching through Irish.<\/h4>\n<p>31.\u2014(1) The Minister shall establish a body of persons\u2014<\/p>\n<p>(a) (i) to plan and co-ordinate the provision of textbooks and aids to learning and teaching through Irish,<\/p>\n<p>(ii) to advise the Minister on policies relating to the provision and promotion of education through the medium of Irish in recognised schools generally and in schools located in a Gaeltacht area,<\/p>\n<p>(iii) to provide support services to those schools through the medium of Irish, and<\/p>\n<p>(iv) to conduct research into any or all matters to which this paragraph applies,<\/p>\n<p>and<\/p>\n<p>(b) to plan and co-ordinate the provision of textbooks and aids to the learning and teaching of Irish and to conduct research into and to advise the Minister on strategies which have as their objective the enhancement of the effectiveness in the teaching of Irish in recognised schools and centres for education.<\/p>\n<p>(2) The Minister may by order, made with the consent of the Minister for Finance, delegate any of his or her functions in respect of the matters referred to in subsection (1) to the body established in accordance with that subsection which shall carry out those functions under the direction and control of the Minister.<\/p>\n<p>(3) The body established in accordance with subsection (1)\u2014<\/p>\n<p>(a) shall, with the consent of the Minister, establish a committee to assist it in the performance of the functions conferred on it under subsection (1)(b), and<\/p>\n<p>(b) may, with the consent of the Minister, at any time dissolve a committee appointed under this subsection or remove a member of a committee from such membership.<\/p>\n<p>(4) The body established in accordance with subsection (1) shall, from time to time, as it considers appropriate, advise the National Council for Curriculum and Assessment on matters relating to\u2014<\/p>\n<p>(a) the teaching of Irish,<\/p>\n<p>(b) the provision of education through the medium of Irish, including matters relating to the curriculum for primary and post-primary schools which provide education through the medium of Irish and assessment procedures employed in those schools, and<\/p>\n<p>(c) the educational needs of people living in a Gaeltacht area,<\/p>\n<p>and the National Council for Curriculum and Assessment shall have regard to any such advice in the exercise by it of its functions.<\/p>\n<p>(5) The Minister may by order amend or revoke any order made under this section, including an order made under this subsection.<\/p>\n<p>(6) In each financial year the Minister, with the concurrence of the Minister for Finance, out of monies provided by the Oireachtas, may make to the body appointed in accordance with subsection (1) a grant or grants for the purposes of expenditure by that body in the performance of its functions.<\/p>\n<p>(7) The Minister may provide such secretarial and administrative support to a body established under this section as the Minister considers necessary.<\/p>\n<p>Section 32<br \/>\nEducational disadvantage.<\/p>\n<p>32.\u2014 F53[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F53<br \/>\nRepealed (6.06.2012) by Education (Amendment) Act 2012 (14\/2012), s. 7, S.I. No. 190 of 2012.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E22<br \/>\nPrevious affecting provision: functions transferred and reference in subs. (7) to \u201cMinister for Finance\u201d construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 3 and 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9; section repealed as per F-note above.<\/p>\n<p>&nbsp;<\/p>\n<p>Section 39<\/p>\n<h4>Establishment of National Council for Curriculum and Assessment.<\/h4>\n<p>39.\u2014(1) There shall stand established on the establishment day a body to be known as the National Council for Curriculum and Assessment, or in the Irish language An Chomhairle N\u00e1isi\u00fanta Curaclaim agus Meas\u00fanachta (in this Act referred to as \u201cthe Council\u201d) to perform the functions assigned to it by or under this Act.<\/p>\n<p>(2) The Council shall be a body corporate with perpetual succession and an official seal and shall have power to sue and may be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of other property.<\/p>\n<p>(3) Schedule 1 shall apply to the Council.<\/p>\n<p>Section 40<\/p>\n<h4>Composition and appointment.<\/h4>\n<p>40.\u2014(1) The composition of the Council shall be determined by order, made by the Minister following consultation with patrons, national associations of parents, recognised school management organisations, recognised trade unions and staff associations representing teachers and with such other persons or bodies of persons as the Minister considers appropriate.<\/p>\n<p>(2) In determining the composition of the Council, the Minister shall ensure that, as far as is practicable, the membership of the Council\u2014<\/p>\n<p>(a) is representative of bodies and persons involved in the education system at early childhood and primary and post-primary levels, in particular national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, and<\/p>\n<p>(b) includes other persons who\u2014<\/p>\n<p>(i) have experience or skills, including experience of and skills in business and industry, which in the opinion of the Minister are relevant to the work of the Council and would complement the experience and skills of the persons appointed in accordance with paragraph (a),<\/p>\n<p>(ii) have a special interest in, or experience of, the education of students with a disability or other special educational needs, or<\/p>\n<p>(iii) are representative of Irish language organisations,<\/p>\n<p>as the Minister considers appropriate.<\/p>\n<p>(3) The Minister may, by order, amend or revoke an order made under this section, including an order made under this subsection.<\/p>\n<p>(4) The members of the Council shall be appointed by the Minister in accordance with regulations drawn up by the Minister following consultation with patrons, national associations of parents, recognised school management organisations, recognised trade unions and staff associations representing teachers and with such other persons or bodies of persons as the Minister considers appropriate.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E31<br \/>\nPower pursuant to section exercised (12.12.2023) by Education Act 1998 (Composition of National Council for Curriculum and Assessment) Order 2023 (S.I. No. 622 of 2023).<\/p>\n<p>E32<br \/>\nPower pursuant to subs. (4) exercised (6.06.2001) by Education Act, 1998 (National Council for Curriculum and Assessment) (Appointment of Members) Regulations 2001 (S.I. No. 245 of 2001).<\/p>\n<p>E33<br \/>\nPrevious affecting provision: power pursuant to section exercised (26.04.2022) by Education Act 1998 (Composition of National Council for Curriculum and Assessment) Order 2022 (S.I. No. 206 of 2022); revoked (12.12.2023) by Education Act 1998 (Composition of National Council for Curriculum and Assessment) Order 2023 (S.I. No. 622 of 2023), art. 3.<\/p>\n<p>E34<br \/>\nPrevious affecting provision: power pursuant to section exercised (24.03.2009) by Education Act 1998 (Composition of National Council for Curriculum and Assessment) Order 2009 (S.I. No. 131 of 2009); revoked (26.04.2022) by Education Act 1998 (Composition of National Council for Curriculum and Assessment) Order 2022 (S.I. No. 206 of 2022), art. 3.<\/p>\n<p>E35<br \/>\nPrevious affecting provision: power pursuant to subs. (1) exercised (9.01.2003) by Education Act 1998 (Composition of National Council for Curriculum and Assessment) Order 2003 (S.I. No. 45 of 2003); revoked (24.03.2009) by Education Act 1998 (Composition of National Council for Curriculum and Assessment) Order 2009 (S.I. No. 131 of 2009), reg. 3.<\/p>\n<p>E36<br \/>\nPrevious affecting provision: power pursuant to subs. (1) exercised (6.06.2001) by Education Act, 1998 (Composition of National Council for Curriculum and Assessment) Order 2001 (S.I. No. 247 of 2001); revoked (9.01.2003) by Education Act 1998 (Composition of National Council for Curriculum and Assessment) Order 2003 (S.I. No. 45 of 2003), reg. 3.<\/p>\n<p>Section 41<\/p>\n<h4>Objects and functions.<\/h4>\n<p>41.\u2014(1) The object of the Council shall be to advise the Minister on matters relating to\u2014<\/p>\n<p>(a) the curriculum for early childhood education, primary and post-primary schools, and<\/p>\n<p>(b) the assessment procedures employed in schools and examinations on subjects which are part of the curriculum.<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), it shall be a function of the Council:<\/p>\n<p>(a) from time to time to review the curriculum, or any part of the curriculum, for schools and the syllabuses taught and to advise the Minister;<\/p>\n<p>(b) to advise the Minister on appropriate methods for the assessment of the effectiveness of the education provided in schools, with particular regard to mechanisms whereby students who have problems achieving their potential may be identified as early as practicable and assisted;<\/p>\n<p>(c) to advise the Minister on strategies which will assist students to make a successful transition from primary school to post-primary school;<\/p>\n<p>(d) from time to time to advise the Minister on the standards of knowledge and skills which students at various age-levels should attain and on the mechanisms for assessing the achievement of such standards, having regard to national and international standards and good practice in relation to such assessment;<\/p>\n<p>F58[(da) to co-operate with the Qualifications and Quality Assurance Authority of Ireland in respect of the framework of qualifications under the Qualifications and Quality Assurance (Education and Training) Act 2012.]<\/p>\n<p>(e) from time to time to review the inservice training needs of teachers, including needs arising from the introduction of new curricula, subjects or syllabuses in schools, and to advise the Minister in relation to those needs;<\/p>\n<p>(f) to advise the Minister on the requirements, as regards curriculum and syllabuses, of students with a disability or other special educational needs;<\/p>\n<p>(g) to advise the Minister on strategies which have as their objective the enhancement of the effectiveness in the teaching and use of the Irish language in schools;<\/p>\n<p>(h) to maintain, manage, administer and invest all the money and assets of the Council;<\/p>\n<p>(i) to promote research and development in education and to conduct or commission such research and development where appropriate to its objects and functions;<\/p>\n<p>(j) to promote equality of access to education generally and to instruction in any particular subjects between male and female students;<\/p>\n<p>(k) to accept gifts of money, land or other property upon such trusts and conditions, if any, as may be specified by the donors, provided that nothing in any trust or condition is contrary to this Act, and<\/p>\n<p>(l) to do all such acts and things as may be necessary to further the objects of the Council, including such functions in relation to review and reform of the curriculum in schools and the assessment of the outcomes of the education provided in schools as the Minister shall from time to time direct.<\/p>\n<p>(3) In carrying out its functions the Council shall\u2014<\/p>\n<p>(a) have regard to the implications of its advice for the resources, including financial resources, available and shall quantify, as far as practicable, the resources necessary to give effect to any of its proposals,<\/p>\n<p>(b) have regard to the desirability of achieving equality of access to, participation in and benefit from education,<\/p>\n<p>(c) act in accordance with such directions as may from time to time be given to the Council by the Minister, including directions as to the priority to be accorded to the exercise by it of its different functions, and<\/p>\n<p>(d) have regard to the practicalities of implementation of any advice which it proposes to give to the Minister.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F58<br \/>\nInserted (5.11.2012) by Qualifications and Quality Assurance (Education and Training) Act 2012 (28\/2012), s. 86 and sch. 3 item 12, S.I. No. 421 of 2012.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E37<br \/>\nProcedure for advising Minister in accordance with subs. (2)(f) prescribed (14.07.2005) by Education for Persons with Special Educational Needs Act 2004 (30\/2004), s. 27, S.I. No. 507 of 2005.<\/p>\n<p>Section 42<\/p>\n<h4>Consultation with designated bodies.<\/h4>\n<p>42.\u2014(1) The Minister may, for the purposes of this section, by order designate persons who, or organisations which, have a special interest in the exercise by the Council of its functions and the persons or organisations so designated are hereinafter referred to as \u201cdesignated bodies\u201d.<\/p>\n<p>(2) The Council shall, from time to time as it considers appropriate, consult with designated bodies and shall consult with such bodies when requested to do so by the Minister.<\/p>\n<p>(3) A designated body may at any time, as it considers appropriate, make representations to the Council on any matter relating to the functions of the Council and the Council shall consider such representations and shall inform the designated body of the outcome of that consideration.<\/p>\n<p>(4) The Council shall give to each designated body a copy of each publication issued by it as soon as may be after it has been issued.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E38<br \/>\nPower pursuant to section exercised (3.09.2013) by Education Act 1998 (Section 42) (Designation of Organisations) Order 2013 (S.I. No. 344 of 2013).<\/p>\n<p>Section 43<\/p>\n<h4>Chief executive officer.<\/h4>\n<p>43.\u2014(1) The Minister shall, from time to time, appoint to the Council in a whole-time capacity a chief executive officer who shall carry on, manage and generally control the administration of the Council and shall manage and control the staff of the Council.<\/p>\n<p>(2) The person who, immediately before the day on which the chief executive officer is appointed under subsection (1), holds the office of chief executive officer of the body of persons known as National Council for Curriculum and Assessment, being an unincorporated and non-statutory body of persons appointed by the Minister shall, if he or she so consents, be appointed as the first chief executive officer of the Council.<\/p>\n<p>(3) The chief executive officer shall be employed by the Minister in accordance with such terms and conditions, which may include secondment from another office or employment, and receive such remuneration as the Minister, with the consent of the Minister for Finance, from time to time determines.<\/p>\n<p>Section 44<\/p>\n<h4>Staff.<\/h4>\n<p>44.\u2014(1) The Minister, with the consent of the Minister for Finance, may appoint such and so many persons to assist the Council in the performance of its functions as the Minister considers appropriate.<\/p>\n<p>(2) The persons appointed in accordance with subsection (1) shall be employed in accordance with such terms and conditions, which may include secondment from another office or employment, and receive such remuneration as the Minister, with the consent of the Minister for Finance, from time to time determines.<\/p>\n<p>(3) The Minister may provide such administrative and secretarial support to the Council as he or she considers necessary.<\/p>\n<p>(4) The F59[Public Service Management (Recruitment and Appointments) Act 2004], and the Civil Service Regulation Acts, 1956 to 1996, shall apply to full-time, permanent employees of the Council.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F59<br \/>\nSubstituted (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33\/2004), s. 61(1) and sch. 2 part 1, commenced on enactment.<\/p>\n<p>Section 45<\/p>\n<h4>Grants.<\/h4>\n<p>45.\u2014In each financial year the Minister, with the concurrence of the Minister for Finance, out of monies provided by the Oireachtas, may make to the Council a grant or grants for the purposes of expenditure by the Council in the performance of its functions.<\/p>\n<p>Section 46<\/p>\n<h4>Accounts and information.<\/h4>\n<p>46.\u2014(1) The Council shall keep, in such form as may be approved of by the Minister, with the concurrence of the Minister for Finance, all proper and usual accounts and records of all monies received or expenditure incurred by it and, in particular, shall keep in such form as aforesaid such special accounts and records as the Minister may, with the concurrence of the Minister for Finance, from time to time direct.<\/p>\n<p>(2) Accounts kept in pursuance of this section shall be submitted annually by the Council to the Comptroller and Auditor General for audit on a date not later than the thirtieth day of April in the year following the year to which the accounts relate, or on such other date as the Minister may from time to time determine, and, immediately after the audit, a copy of the accounts and of such other accounts, if any, as the Minister has directed to be kept, together with a copy of the report of the Comptroller and Auditor General on the accounts shall be presented by the Council to the Minister.<\/p>\n<p>(3) The Minister shall cause copies of the accounts presented to him or her under this section by the Council, together with copies of the report of the Comptroller and Auditor General thereon, to be laid before each House of the Oireachtas.<\/p>\n<p>(4) The Council shall provide the Minister with such information regarding the performance of its functions as the Minister may from time to time require.<\/p>\n<p>Section 47<\/p>\n<h4>Committees.<\/h4>\n<p>47.\u2014The Council may\u2014<\/p>\n<p>(a) establish committees, consisting either wholly or partly of persons who are members of the Council, to assist it in the performance of its functions,<\/p>\n<p>(b) delegate to a committee appointed under this section any of its functions that may be better or more conveniently performed by a committee, and<\/p>\n<p>(c) at any time dissolve a committee appointed under this section or remove a member of a committee from such membership.<\/p>\n<p>Section 48<br \/>\nAnnual Report.<\/p>\n<p>48.\u2014As soon as may be after the end of each year, the Council shall prepare and submit to the Minister, in such form as may be determined by the Minister, a report on the performance of the Council in that year.<\/p>\n<p>PART VIII<\/p>\n<h4>Examinations<\/h4>\n<p>Section 49<\/p>\n<p>Interpretation.<\/p>\n<p>49.\u2014In this Part\u2014<\/p>\n<p>\u201ccandidate\u201d means a person who, in accordance with procedures determined from time to time by the Minister, is registered to present himself or herself for an examination;<\/p>\n<p>\u201cexaminer\u201d means a person who is employed by the Minister for the purpose of\u2014<\/p>\n<p>(a) the preparation of examination papers or other examination materials,<\/p>\n<p>(b) the marking of such papers or other such materials, or<\/p>\n<p>(c) the carrying out of any other functions in respect of the conduct of examinations;<\/p>\n<p>\u201cexamination\u201d means an examination relating to post-primary, adult and vocational education and vocational training as may from time to time be conducted in accordance with procedures determined by the Minister or by a body of persons established by the Minister and to which this Part applies in accordance with section 50;<\/p>\n<p>\u201cexamination paper\u201d includes any paper, plan, map, drawing, diagram, pictorial or graphic work or other document and any photograph, film or recording (whether of sound or images or both)\u2014<\/p>\n<p>(a) in which questions are set for answer by candidates as part of an examination or which are related to such questions, or<\/p>\n<p>(b) in which projects or practical exercises are set which candidates are required to complete as part of an examination or which are related to such projects or exercises.<\/p>\n<p>Section 50<\/p>\n<h4>Examinations.<\/h4>\n<p>50.\u2014(1) This Part shall apply to the examinations set out in Schedule 2.<\/p>\n<p>(2) In addition to the examinations set out in Schedule 2, the Minister may from time to time prescribe such other examinations as he or she considers appropriate to which this Part shall apply.<\/p>\n<p>Section 51<\/p>\n<h4>Regulations.<\/h4>\n<p>51.\u2014(1) The Minister may make regulations as he or she from time to time considers appropriate for the effective conduct of examinations and in particular, without prejudice to the generality of the aforesaid, may make regulations relating to\u2014<\/p>\n<p>(a) the preparation of an examination paper and other examination materials,<\/p>\n<p>(b) procedures at places where examinations are conducted, including the supervision of examinations,<\/p>\n<p>(c) the marking of work presented for examination,<\/p>\n<p>(d) the issuing of results of examinations,<\/p>\n<p>(e) the charging and collection of fees for examinations,<\/p>\n<p>(f) the terms under which candidates may appeal against the results of an examination and the procedure for such appeals,<\/p>\n<p>(g) the penalties to be imposed on a person who acts in breach of regulations made by the Minister or who otherwise misconducts himself or herself in respect of an examination, and<\/p>\n<p>(h) the designation of places where examinations may be held.<\/p>\n<p>(2) The Minister may from time to time appoint a person or a body of persons to advise him or her on any matter relating to the examinations or to supervise or review any part of the conduct of the examinations, including appeals by candidates against the results of examinations.<\/p>\n<p>Section 52<\/p>\n<h4>Offences.<\/h4>\n<p>52.\u2014(1) A person who\u2014<\/p>\n<p>(a) knowingly and without lawful authority publishes an examination paper or part of such paper to any other person prior to the holding of the examination concerned,<\/p>\n<p>(b) has in his or her possession without lawful authority an examination paper or part of such paper prior to the holding of the examination concerned,<\/p>\n<p>(c) carries out any duties relating to the preparation of examination papers and knowingly and without lawful authority provides a candidate for an examination or any other person with information concerning the material prepared by him or her in the course of those duties with the intention of conferring an advantage upon a candidate over other candidates,<\/p>\n<p>(d) knowingly and wilfully credits a candidate with higher marks than the marks to which that candidate was entitled with the intention of conferring an advantage on that candidate over other candidates,<\/p>\n<p>(e) knowingly and maliciously credits a candidate with lower marks than the marks to which that candidate was entitled,<\/p>\n<p>(f) personates a candidate at an examination or knowingly allows or assists a person to personate a candidate at an examination,<\/p>\n<p>(g) knowingly and maliciously destroys or damages any material relating to an examination,<\/p>\n<p>(h) knowingly and maliciously obstructs any candidate or a person engaged in the conduct of an examination or otherwise interferes with the general conduct of an examination,<\/p>\n<p>(i) knowingly and without lawful authority alters any certificate or any other record, including a record in machine-readable form, containing the results of an examination, or<\/p>\n<p>(j) knowingly issues or makes use of any certificate or other document which purports to be a document issued by the person or body under whose authority the examination was conducted and to contain the results of an examination knowing that those results are false,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(2) A person who knowingly aids, abets, counsels or procures another person to commit any offence under subsection (1) or conspires with another person for the commission of any such offence shall be guilty of an offence.<\/p>\n<p>(3) A person who is guilty of an offence under this section shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a fine not exceeding \u00a31,500 or (at the discretion of the court) to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment, or<\/p>\n<p>(b) on conviction on indictment, to a fine not exceeding \u00a35,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.<\/p>\n<p>(4) No action shall lie against an examiner in respect of anything done by him or her in good faith and in pursuance of his or her functions as an examiner.<\/p>\n<p>Section 53<\/p>\n<h4>Refusal of access to certain information.<\/h4>\n<p>F60[53.\u2014(1) Notwithstanding any other enactment, the Minister may refuse access to information specified in subsection (4) (in this section referred to as the &#8220;specified information&#8221;).<\/p>\n<p>(2) The Minister may, following consultation with the Minister for Public Expenditure and Reform, by regulations prescribe a public body for the purposes of this section.<\/p>\n<p>(3) Notwithstanding any other enactment, where a public body stands prescribed for the time being under subsection (2) that public body shall refuse access to the specified information unless the Minister\u2014<\/p>\n<p>(a) consents to the public body granting access to that information, or<\/p>\n<p>(b) directs the public body to grant access to that information.<\/p>\n<p>(4) The specified information is any information\u2014<\/p>\n<p>(a) which would enable the compilation of information (that is not otherwise available to the general public) in relation to the comparative performance of\u2014<\/p>\n<p>(i) recognised schools in respect of the academic achievement of students, or<\/p>\n<p>(ii) education or training facilities in respect of the academic achievement of learners,<\/p>\n<p>including, without prejudice to the generality of the foregoing\u2014<\/p>\n<p>(I) the overall results or outcomes in any period of time of students in a recognised school or learners in an education or training facility in an examination or assessment, or<\/p>\n<p>(II) the comparative overall results or outcomes in any period of time of students in different recognised schools or learners in different education or training facilities in an examination or assessment,<\/p>\n<p>or<\/p>\n<p>(b) relating to the identity of examiners.<\/p>\n<p>(5) In this section\u2014<\/p>\n<p>&#8220;Act of 2013&#8221; means the Education and Training Boards Act 2013;<\/p>\n<p>&#8220;education or training facility&#8221; has the same meaning as it has in the Act of 2013;<\/p>\n<p>&#8220;learner&#8221; has the same meaning as it has in the Act of 2013;<\/p>\n<p>&#8220;public body&#8221; has the same meaning as it has in the Freedom of Information Act 2014.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F60<br \/>\nSubstituted (5.05.2015) by Education (Miscellaneous Provisions) Act 2015 (11\/2015), s. 7, commenced on enactment.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E39<br \/>\nPower pursuant to section exercised (11.08.2015) by Education Act 1998 (Section 53) (Prescribed Public Bodies) Regulations 2015 (S.I. No. 353 of 2015), in effect as per reg. 2.<\/p>\n<p>E40<br \/>\nPrevious affecting provision: section amended (17.05.2013) by Education (Miscellaneous Provisions) Act 2007 (9\/2007), s. 5, S.I. No. 166 of 2013; substituted as per F-note above.<\/p>\n<p>Schedule 1<br \/>\nSCHEDULE 1<\/p>\n<h4>The Council<\/h4>\n<p>Section 39.<\/p>\n<p>1. (1) As soon as may be after its establishment the Council shall acquire and retain in its possession a seal.<\/p>\n<p>(2) The seal of the Council shall be authenticated by the signature of the chairperson or a member of the Council authorised by the Council to act in that behalf and by the signature of an officer of the Council authorised to act in that behalf.<\/p>\n<p>(3) Judicial notice shall be taken of the seal of the Council and every document purporting to be an instrument made by the Council and to be sealed with the seal (purporting to be authenticated in accordance with this Schedule) of the Council shall be received in evidence and shall be deemed to be such instrument without proof unless the contrary is shown.<\/p>\n<p>2. (1) The Minister shall appoint the chairperson of the Council.<\/p>\n<p>(2) The chairperson may, at any time, resign from office as chairperson by letter addressed to the Minister and the resignation shall take effect from the date on which the letter is received.<\/p>\n<p>3. The term of office of a member (including the chairperson) shall not be greater than five years.<\/p>\n<p>4. (1) If a member of the Council dies, resigns, becomes disqualified, is removed from office or for any other reason ceases to hold office, the Minister may appoint a person to be a member of the Council to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of the Council who occasioned the casual vacancy.<\/p>\n<p>(2) A person appointed to be a member of the Council in accordance with this paragraph shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy he or she is appointed to fill and shall be eligible for re-appointment as a member of the Council.<\/p>\n<p>5. (1) The Minister may, at any time, remove a member of the Council from office if he or she has committed stated misbehaviour or if his or her removal appears necessary to the Minister for the effective performance by the Council of its functions.<\/p>\n<p>(2) The Minister may, at any time, for reasons stated in writing to the members of the Council, remove all such members from office.<\/p>\n<p>(3) A member may, at any time, resign from office as such member by letter addressed to the Minister and the resignation shall take effect from the date on which the letter is received.<\/p>\n<p>(4) A member of the Council who is absent from all meetings of the Council for a period of six consecutive months, unless such absence was due to illness or was approved by the Council, shall be disqualified at the expiry of such period from continuing to be a member of the Council for the remainder of that person&#8217;s term of office.<\/p>\n<p>(5) A member (including the chairperson) whose term of office expires by effluxion of time shall be eligible for re-appointment.<\/p>\n<p>6. (1) The Council shall, from time to time as occasion requires, appoint from amongst its members (other than the chairperson) two members to be deputy-chairpersons of the Council.<\/p>\n<p>(2) A deputy-chairperson of the Council shall, unless that member sooner resigns, hold office until the expiration of that member&#8217;s period of office as a member of the Council.<\/p>\n<p>7. (1) Where a member of the Council (including the chairperson)\u2014<\/p>\n<p>(a) accepts nomination as a member of Seanad \u00c9ireann, or<\/p>\n<p>(b) is elected as a member of either House of the Oireachtas or as a representative in the European Parliament, or<\/p>\n<p>(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997, as having been elected to the European Parliament to fill a vacancy, or<\/p>\n<p>(d) is adjudged bankrupt or makes, under the protection or procedure of a court, a composition or arrangement with creditors, or<\/p>\n<p>(e) is sentenced to a term of imprisonment by a court of competent jurisdiction,<\/p>\n<p>that member shall thereupon cease to be a member of the Council.<\/p>\n<p>(2) A person shall not be eligible to be a member of the Council if that person\u2014<\/p>\n<p>(a) is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein, or<\/p>\n<p>(b) is for the time being a member of the European Parliament, or<\/p>\n<p>(c) is an undischarged bankrupt, or<\/p>\n<p>(d) within the immediately preceding three years has, under the protection or procedure of a court, made a composition or arrangement with creditors, or<\/p>\n<p>(e) within the immediately preceding five years, has been sentenced to a term of imprisonment by a court of competent jurisdiction.<\/p>\n<p>8. A member of the Council including the chairperson who has\u2014<\/p>\n<p>(a) any interest in any company or concern with which the Council proposes to make any contract, or<\/p>\n<p>(b) any interest in any contract which the Council proposes to make,<\/p>\n<p>shall disclose to the Council the fact of the interest and the nature thereof and shall take no part in any deliberation or decision of the Council relating to the contract, and the disclosure shall be recorded in the minutes of the Council.<\/p>\n<p>9. The chairperson and members of the Council shall be paid, out of funds at the disposal of the Council, such allowances for expenses as the Minister, with the approval of the Minister for Finance, may decide.<\/p>\n<p>10. (1) The Council shall hold such and so many meetings and at such time as the chairperson deems necessary.<\/p>\n<p>(2) A chairperson shall convene a meeting of the Council whenever requested to do so by not less than six members.<\/p>\n<p>(3) The quorum for a meeting of the Council shall be one third of the total number of members, rounded up to the next whole number, plus one.<\/p>\n<p>11. At a meeting of the Council\u2014<\/p>\n<p>(a) the chairperson shall, if present, be the chairperson of the meeting,<\/p>\n<p>(b) if and so long as the chairperson is not present or if the office of chairperson is vacant, the deputy-chairperson who is present or if both deputy-chairpersons are present the deputy-chairperson as chosen by the members of the Council who are present shall, be chairperson of the meeting,<\/p>\n<p>(c) if and so long as the chairperson is not present or the office of chairperson is vacant, and a deputy-chairperson is not present or the offices of deputy-chairperson are vacant, the members of the Council who are present shall choose one of their number to be chairperson of the meeting.<\/p>\n<p>12. Every question at a meeting of the Council shall be determined by a majority of the votes of members present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.<\/p>\n<p>13. Subject to paragraph 10 (3), the Council may act notwithstanding one or more than one vacancy among its members.<\/p>\n<p>14. Subject to this Act, the Council shall regulate, by standing orders or otherwise, its procedure and business.<\/p>\n<p>&nbsp;<\/p>\n<p>Schedule 2<br \/>\nSCHEDULE 2<\/p>\n<h4>Examinations<\/h4>\n<p>Section 50.<\/p>\n<p>Leaving Certificate Examination<\/p>\n<p>Junior Certificate Examination<\/p>\n<p>Technological Certificate Examination<\/p>\n<p>Trade Certificate Examination<\/p>\n<p>Certificate in Commerce Examination<\/p>\n<p>Ceardteastas Gaeilge Examination<\/p>\n<p>Teastas i dTeagasc na Gaeilge Examination<\/p>\n<p>Typewriting Teachers Certificate Examination<\/p>\n<p>Commercial Instructors Certificate Examination<\/p>\n<h2>EDUCATION (LEAVING CERTIFICATE 2021) (ACCREDITED GRADES) ACT 2021<\/h2>\n<p>An Act to make provision, due to the exigencies of the public health emergency posed by the spread of the disease known as Covid-19, for a system of accredited grades for the purposes of the Leaving Certificate 2021; for that purpose to provide for the indemnification of certain persons in respect of the provision of estimated marks; to prohibit certain communications with teachers, tutors, principals and other persons who perform any function in relation to the provision of estimated marks; to provide for the withholding of accredited grades where false or misleading information is provided; to confer on the State Examinations Commission certain functions in relation to the system of accredited grades; to provide for the designation of certain persons as tutors; to provide for the issue of certificates in respect of the final results awarded for the Leaving Certificate Examination for the year 2020; and to provide for related matters.<\/p>\n<p>[25th May, 2021]<\/p>\n<p>Be it enacted by the Oireachtas as follows:<\/p>\n<p>Definitions<\/p>\n<p>1. In this Act\u2014<\/p>\n<p>\u201cAct of 1998\u201d means the Education Act 1998 ;<\/p>\n<p>\u201caccredited grade\u201d has the meaning given to it by section 2 ;<\/p>\n<p>\u201cboard of management\u201d, in relation to a recognised school, means a board of management established under section 14 of the Act of 1998;<\/p>\n<p>\u201ccandidate\u201d has the same meaning as in Part VIII of the Act of 1998;<\/p>\n<p>\u201ccentre for education\u201d has the same meaning as in the Act of 1998;<\/p>\n<p>\u201cCommission\u201d means the State Examinations Commission established under the State Examinations Commission (Establishment) Order 2003 ( S.I. No. 373 of 2003 );<\/p>\n<p>\u201cestimated mark\u201d has the meaning given to it by section 2 ;<\/p>\n<p>\u201cJunior Certificate Examination\u201d means the examination of that name referred to in Schedule 2 to the Act of 1998;<\/p>\n<p>\u201cLeaving Certificate 2021\u201d means the award to be made to a candidate in respect of\u2014<\/p>\n<p>(a) either or both of the following:<\/p>\n<p>(i) the Leaving Certificate Examination that is due to take place in 2021;<\/p>\n<p>(ii) accredited grades,<\/p>\n<p>or<\/p>\n<p>(b) accredited grades, where the Leaving Certificate Examination that is due to take place in 2021 does not take place;<\/p>\n<p>\u201cLeaving Certificate Examination\u201d means the examination of that name referred to in Schedule 2 to the Act of 1998;<\/p>\n<p>\u201cMinister\u201d means the Minister for Education;<\/p>\n<p>\u201cpatron\u201d has the same meaning as in the Act of 1998;<\/p>\n<p>\u201cprescribed\u201d means prescribed by regulations made by the Minister under section 7 ;<\/p>\n<p>\u201cprincipal\u201d means\u2014<\/p>\n<p>(a) a Principal within the meaning of the Act of 1998, or<\/p>\n<p>(b) a person (other than a Principal referred to in paragraph (a)) who has responsibility for the day to day management and direction of teachers or tutors, as the case may be;<\/p>\n<p>\u201cprocess of standardisation\u201d has the meaning given to it by section 2 ;<\/p>\n<p>\u201crecognised school\u201d has the same meaning as in the Act of 1998;<\/p>\n<p>\u201cregistered teacher\u201d has the same meaning as in the Teaching Council Act 2001 ;<\/p>\n<p>\u201csubject\u201d means a subject comprised in the Leaving Certificate Examination (including the subjects specified in the Schedule );<\/p>\n<p>\u201csystem of accredited grades\u201d shall be construed in accordance with section 2 ;<\/p>\n<p>\u201cteacher\u201d means a person who\u2014<\/p>\n<p>(a) is a registered teacher, or<\/p>\n<p>(b) is employed in the place of a registered teacher in a recognised school pursuant to section 24 of the Act of 1998;<\/p>\n<p>\u201ctutor\u201d means a person who is not a teacher but who\u2014<\/p>\n<p>(a) is teaching in a centre for education,<\/p>\n<p>(b) is teaching in a place where the Leaving Certificate Examination is due to take place in 2021,<\/p>\n<p>(c) is providing an estimated mark for a subject specified in the Schedule , or<\/p>\n<p>(d) is designated as a tutor by the Minister by order made under section 8 .<\/p>\n<h4>System of accredited grades<\/h4>\n<p>2. (1) Without prejudice to section 50(2) of the Act of 1998 and the Leaving Certificate Examination that is due to take place in 2021, the Minister, having consulted with, and having regard to the advice of, the Commission, may determine that a system of accredited grades may be used for the purposes of the Leaving Certificate 2021.<\/p>\n<p>(2) A determination under subsection (1) may provide that the system of accredited grades includes, but is not limited to, the following:<\/p>\n<p>(a) a process of estimation by teachers and tutors of what a candidate is, or would be, expected to achieve, for a subject, in the Leaving Certificate Examination that is due to take place in 2021 (whether or not such examination takes place), by which process a mark, expressed as a percentage, is provided for such subject (in this Act referred to as an \u201cestimated mark\u201d);<\/p>\n<p>(b) reliance on the exercise of professional judgement by teachers and tutors for the purposes of the process of estimation referred to in paragraph (a);<\/p>\n<p>(c) the application of processes, with oversight by the principal, which shall seek to ensure that, within each individual recognised school, centre for education or other place where the Leaving Certificate Examination is due to take place in 2021, teachers or tutors, as the case may be, are applying appropriate and consistent standards when providing estimated marks for a particular subject;<\/p>\n<p>(d) in accordance with such policy directions as the Minister may give from time to time, a process of adjustment, based on statistical analysis, to be applied to estimated marks (in this Act referred to as a \u201cprocess of standardisation\u201d) which shall\u2014<\/p>\n<p>(i) be carried out at national level, by or on behalf of the Commission,<\/p>\n<p>(ii) take account of such data, including but not limited to data relating to the Junior Certificate Examinations and Leaving Certificate Examinations in preceding years, as the Commission considers necessary and appropriate, and<\/p>\n<p>(iii) have as its objective that accredited grades awarded to candidates are of a standard of achievement that is consistent when compared as between all recognised schools, centres for education and other places where the Leaving Certificate Examination is due to take place in 2021 (taken as a whole);<\/p>\n<p>(e) following the completion of the process of standardisation, the generation of the mark, expressed as a percentage, achieved by a candidate for a subject, which determines the award to be made to the candidate for such subject (in this Act referred to as an \u201caccredited grade\u201d);<\/p>\n<p>(f) where a candidate has chosen, in respect of any subject, to receive an accredited grade and to participate in the Leaving Certificate Examination that is due to take place in 2021 and has sat the examination in that subject, the award to the candidate of the result achieved, whether the accredited grade or the result of that examination, whichever is more advantageous to that candidate;<\/p>\n<p>(g) provision for the following appeals to the Commission:<\/p>\n<p>(i) where no estimated mark is provided for a subject as referred to in subsection (3);<\/p>\n<p>(ii) in respect of an accredited grade as referred to in subsection (4);<\/p>\n<p>(iii) where the Commission decides to withhold all or any accredited grades under section 4 or 5 , as the case may be.<\/p>\n<p>(3) A candidate may, in accordance with such procedures as may be determined by the Commission in the performance of its functions under section 6 , appeal to the Commission where no estimated mark is provided, in respect of such candidate, for a subject.<\/p>\n<p>(4) (a) A candidate may seek a review in respect of an accredited grade by way of appeal to the Commission, in accordance with such procedures as may be determined by the Commission in the performance of its functions under section 6 .<\/p>\n<p>(b) A review referred to in paragraph (a) shall be limited to establishing whether any error has occurred in respect of the transmission to, or receipt by, the Commission of the estimated mark for the subject concerned.<\/p>\n<h4>Indemnity for certain persons<\/h4>\n<p>3. (1) Without prejudice to any other enactment which provides for indemnification, a teacher, tutor, principal, board of management, education and training board, patron or any other person who performs a function in relation to the provision of estimated marks (in this section referred to as a \u201crelevant person\u201d) shall, in the manner and to the extent and subject to the terms and conditions that the Minister, with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, may from time to time determine, be indemnified by the State against all actions or claims, however they arise, in respect of the performance by such relevant person of such function, where the Minister is satisfied that the relevant person has performed the function in good faith.<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), terms and conditions referred to in that subsection may include, but are not limited to, the following:<\/p>\n<p>(a) the exclusion of any unnecessary or unreasonable legal expenses incurred by the relevant person to be indemnified;<\/p>\n<p>(b) the exclusion of any damage arising from such relevant person not acting bona fide in the performance of the relevant person\u2019s functions or acting with gross negligence or gross neglect of that relevant person\u2019s functions;<\/p>\n<p>(c) the imposition of requirements as to the notification, including the timing of such notification, and to whom such notification is to be made, by such relevant person of any claim made against that person;<\/p>\n<p>(d) the provision by such relevant person of all relevant documents in that person\u2019s power, possession or procurement;<\/p>\n<p>(e) a requirement that such relevant person shall cooperate with any reasonable request considered necessary for the purposes of the proper conduct of the proceedings on behalf of the State;<\/p>\n<p>(f) that the Chief State Solicitor shall act on behalf of such relevant person or may nominate any other person to so act;<\/p>\n<p>(g) the determination of the Chief State Solicitor regarding the conduct of the proceedings concerned.<\/p>\n<h4>Prohibition on certain communications<\/h4>\n<p>4. (1) A person (in this section referred to as the \u201cfirst-mentioned person\u201d) shall not communicate with a teacher, tutor or principal or any other person who performs a function in relation to the provision of any estimated mark (in this section referred to as a \u201crelevant person\u201d), either for the first-mentioned person\u2019s benefit or for the benefit of another person, for the purpose of improperly influencing the consideration by a relevant person of any matter which falls to be considered or decided by such relevant person in the performance of such function.<\/p>\n<p>(2) If a relevant person is of the opinion that a person has communicated with him or her in contravention of subsection (1), the relevant person shall not entertain the communication further and shall immediately inform the following, in writing, of the substance of the communication:<\/p>\n<p>(a) where the relevant person is a teacher or tutor, the principal;<\/p>\n<p>(b) where the relevant person is a principal or any other person (other than a teacher or tutor), the Commission.<\/p>\n<p>(3) The principal or the Commission, as the case may be, shall acknowledge in writing the receipt of any information under subsection (2).<\/p>\n<p>(4) The principal shall immediately notify the Commission in writing of any information received under subsection (2).<\/p>\n<p>(5) (a) Where a communication is made in contravention of subsection (1), the Commission may, in accordance with such procedures as may be prescribed, carry out a review.<\/p>\n<p>(b) The Commission may, following a review referred to in paragraph (a), withhold all or any of the accredited grades comprised in the Leaving Certificate 2021 in respect of any candidate by whom, or for whose benefit, the communication concerned was made.<\/p>\n<p>(6) Where the Commission decides to withhold all or any of the accredited grades as provided for by subsection (5), the candidate may appeal against such decision in accordance with such procedures as may be prescribed.<\/p>\n<p>(7) The power to withhold all or any accredited grades under this section is without prejudice to any other power, rights or remedies available to a person relating to the withholding of results for any reason relating to the Leaving Certificate Examination.<\/p>\n<h4>Provision of false information<\/h4>\n<p>5. (1) (a) Where, in relation to the provision of any estimated mark, a person gives false or misleading information, the Commission may, in accordance with such procedures as may be prescribed, carry out a review.<\/p>\n<p>(b) The Commission may, following a review referred to in paragraph (a), withhold all or any of the accredited grades comprised in the Leaving Certificate 2021 in respect of any candidate by, or in respect of whom, false or misleading information was provided.<\/p>\n<p>(2) Where the Commission decides to withhold all or any of the accredited grades as provided for by subsection (1), the candidate may appeal against such decision in accordance with such procedures as may be prescribed.<\/p>\n<p>(3) The power to withhold all or any accredited grades under this section is without prejudice to any other power, rights or remedies available to a person relating to the withholding of results for any reason relating to the Leaving Certificate Examination.<\/p>\n<h4>Functions conferred on Commission relating to system of accredited grades<\/h4>\n<p>6. (1) Notwithstanding section 54(1) of the Act of 1998 and the State Examinations Commission (Establishment) Order 2003 ( S.I. No. 373 of 2003 ), the Commission shall, subject to subsection (5), have the following functions in relation to the system of accredited grades:<\/p>\n<p>(a) to receive, in accordance with such procedures as it may determine, in respect of each candidate concerned, an estimated mark for each subject concerned;<\/p>\n<p>(b) to apply a process of standardisation to the estimated marks so received;<\/p>\n<p>(c) following the completion of the process of standardisation, to determine an accredited grade in respect of each subject for which an estimated mark has been received;<\/p>\n<p>(d) to issue the results comprised in the Leaving Certificate 2021 to each candidate;<\/p>\n<p>(e) where a candidate has chosen, in respect of any subject, to receive an accredited grade and to participate in the Leaving Certificate Examination that is due to take place in 2021 and has sat the examination in that subject, to award to the candidate the accredited grade or the result achieved in that examination, whichever is more advantageous to that candidate;<\/p>\n<p>(f) to provide to each candidate, on such date or dates as the Commission shall determine, for each subject concerned\u2014<\/p>\n<p>(i) the estimated mark received by the Commission in respect of such candidate, and<\/p>\n<p>(ii) the mark, expressed as a percentage, generated following the completion of the process of standardisation;<\/p>\n<p>(g) to consider appeals referred to in section 2 (3), in accordance with such procedures as it may determine under paragraph (m);<\/p>\n<p>(h) to consider appeals referred to in section 2 (4), in accordance with such procedures as it may determine under paragraph (n);<\/p>\n<p>(i) to receive information in relation to communications as provided for by section 4 ;<\/p>\n<p>(j) to withhold from a candidate, under section 4 or 5 , as the case may be, in accordance with such procedures as may be prescribed, all or any of the accredited grades comprised in the Leaving Certificate 2021;<\/p>\n<p>(k) to implement a system of appeals against a determination to withhold all or any of the accredited grades as referred to in paragraph (j), in accordance with such procedures as may be prescribed;<\/p>\n<p>(l) to appoint a panel of suitable persons to consider appeals referred to in paragraph (m)(viii) or (n)(vii) (in this section referred to as \u201cappeals officers\u201d), on such terms and conditions as the Commission may determine, which may include, but are not limited to, the period for which they may be appointed, the payment of fees and expenses (with the consent of the Minister and the Minster for Public Expenditure and Reform), resignation and removal for stated reasons;<\/p>\n<p>(m) to determine the procedure for an appeal referred to in section 2 (3), which may include, but is not limited to, the following:<\/p>\n<p>(i) the period within which an appeal shall be made;<\/p>\n<p>(ii) the form and manner in which an appeal shall be made;<\/p>\n<p>(iii) the information to be provided by a candidate for the purposes of the appeal, including the reasons for the appeal;<\/p>\n<p>(iv) the form and manner in which the Commission shall carry out a review of the decision not to provide an estimated mark for a subject and the processes and procedures followed in making that decision;<\/p>\n<p>(v) the period within which the Commission shall determine the review;<\/p>\n<p>(vi) the form and manner in which, and the period within which, a candidate shall be notified of the determination referred to in subparagraph (v), including where the decision not to provide an estimated mark is upheld, the reasons for that determination;<\/p>\n<p>(vii) the form and manner in which, and the period within which, a candidate may appeal against the determination of the Commission referred to in subparagraph (v);<\/p>\n<p>(viii) the appointment of appeals officers;<\/p>\n<p>(ix) the conduct of appeals;<\/p>\n<p>(x) the provision to the appeals officers of such access to information, records and documentation held by the Commission as may reasonably be required by the appeals officers for the purposes of an appeal;<\/p>\n<p>(xi) the form and manner in which, and the period within which, a candidate shall be notified of the determination of the appeals officers, including where the determination of the Commission is upheld, the reasons for that determination;<\/p>\n<p>(n) to determine the procedure for an appeal referred to in section 2 (4), which may include, but is not limited to, the following:<\/p>\n<p>(i) the period within which an appeal shall be made;<\/p>\n<p>(ii) the form and manner in which an appeal shall be made;<\/p>\n<p>(iii) the form and manner in which the Commission shall carry out a review referred to in section 2 (4);<\/p>\n<p>(iv) the period within which the Commission shall determine the review;<\/p>\n<p>(v) the form and manner in which, and the period within which, a candidate shall be notified of the determination referred to in subparagraph (iv);<\/p>\n<p>(vi) the form and manner in which, and the period within which, a candidate may appeal against the determination of the Commission referred to in subparagraph (iv);<\/p>\n<p>(vii) the appointment of an appeals officer;<\/p>\n<p>(viii) the conduct of appeals;<\/p>\n<p>(ix) the provision to the appeals officer of such access to information, records and documentation held by the Commission as may reasonably be required by the appeals officer for the purposes of an appeal;<\/p>\n<p>(x) the form and manner in which, and the period within which, a candidate shall be notified of the determination of the appeals officer, including where the determination of the Commission is upheld, the reasons for that determination.<\/p>\n<p>(2) The Commission may by notice, in writing, request from a teacher, tutor, principal or any other person who performs a function relating to the provision of estimated marks to provide the Commission, in such form and manner, and within such period, as may be provided for in such notice, such information, records and other documentation held by such teacher, tutor, principal or person, as the case may be, as the Commission may reasonably require for the purposes of an appeal referred to in section 2 (3) or (4), as the case may be.<\/p>\n<p>(3) The Commission shall have all such powers as are necessary for, or are incidental to, the performance of the functions conferred on it by or under this Act.<\/p>\n<p>(4) The performance by the Commission of functions conferred on it by or under this Act shall be subject to the determination of matters of policy by the Minster.<\/p>\n<p>(5) The Minister may, following consultation with the Commission, by order, confer on the Commission such additional functions in relation to the system of accredited grades, as the Minister considers necessary and appropriate, having regard to the need to ensure that the system of accredited grades operates as intended by or under this Act for the purposes of the Leaving Certificate 2021.<\/p>\n<p>(6) An order under subsection (5) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the order.<\/p>\n<p>(7) The Commission shall submit to the Minister, in such form and manner and within such period as the Minister may direct, such information regarding the performance of the functions conferred on it by or under this Act as the Minister may from time to time require.<\/p>\n<h4>Regulations in relation to system of accredited grades<\/h4>\n<p>7. (1) The Minister may make regulations for the purposes of this Act, including regulations for prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or for the purpose of enabling any provision of this Act to have full effect or for the purpose of the effective operation of the system of accredited grades.<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), regulations under this section may provide for the following:<\/p>\n<p>(a) the procedure to be undertaken by the Commission where it receives information under section 4 (2) or (4) or where it considers that false or misleading information may have been given in the circumstances provided for in section 5 , as the case may be, which may include, but is not limited to, the following:<\/p>\n<p>(i) the form and manner of the notification to be given\u2014<\/p>\n<p>(I) in the case of a matter arising under section 4 , to the person who provided the information under section 4 (2) and the candidate concerned, and<\/p>\n<p>(II) in the case of a matter arising under section 5 , to the candidate concerned,<\/p>\n<p>which notification shall include\u2014<\/p>\n<p>(A) information regarding the matter that has arisen under section 4 or 5 , as the case may be, and<\/p>\n<p>(B) a statement that the Commission intends to carry out a review of the matter and that the candidate, and in the case of a matter arising under section 4, the person who provided the information under section 4 (2), may make representations to the Commission in the prescribed form and manner and within the prescribed period;<\/p>\n<p>(ii) the form and manner in which, and the period within which, the review referred to in subparagraph (i) shall be conducted;<\/p>\n<p>(iii) the period within which the Commission shall make a decision following the review referred to in subparagraph (i);<\/p>\n<p>(b) the provision to the Commission of such information as the Commission may reasonably require for the purposes of the review referred to in paragraph (a) (i) from such persons in such form and manner, and within such period, as may be prescribed, including a request, in writing, for that information from those persons;<\/p>\n<p>(c) the form and manner in which, and the period within which, the candidate and, in the case of a matter arising under section 4 , the person who provided the information under section 4 (2), shall be notified of the decision of the Commission referred to in paragraph (a)(iii), including, in the case of a decision to withhold all or any of the accredited grades comprised in the Leaving Certificate 2021, giving to the candidate the reasons for that decision;<\/p>\n<p>(d) the appointment by the Commission of a panel of suitable persons to consider appeals referred to in paragraph (e) (in this section referred to as \u201cappeals officers\u201d), on such terms and conditions as the Commission may determine, which may include, but are not limited to, the period for which they may be appointed, the payment of fees and expenses (with the consent of the Minister and the Minster for Public Expenditure and Reform), resignation and removal for stated reasons;<\/p>\n<p>(e) the procedure for an appeal by a candidate against a decision referred to in paragraph (c) which may include, but is not limited to, the following:<\/p>\n<p>(i) the period within which an appeal shall be made;<\/p>\n<p>(ii) the form and manner in which an appeal shall be made;<\/p>\n<p>(iii) the information to be provided by the candidate for the purposes of the appeal, including the reasons for that appeal;<\/p>\n<p>(iv) the appointment of an appeals officer;<\/p>\n<p>(v) the conduct of the appeal;<\/p>\n<p>(vi) the provision of such access to information, records and documentation held by the Commission as may reasonably be required for the purposes of an appeal;<\/p>\n<p>(vii) the period within which the appeal shall be determined;<\/p>\n<p>(viii) the form and manner in which, and the period within which, the candidate and, in the case of a matter arising under section 4 , the person who provided the information under section 4 (2), shall be notified of the determination of the appeal, including where the decision of the Commission to withhold all or any of the accredited grades is upheld, the reasons for that decision.<\/p>\n<p>(3) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.<\/p>\n<p>(4) The procedures prescribed under subsection (2) are without prejudice to any other power, rights or remedies available to a person relating to the withholding for any reason of results relating to the Leaving Certificate Examination.<\/p>\n<h4>Designation of persons as tutors<\/h4>\n<p>8. The Minister may, having regard to the need to ensure that this Act applies, as is necessary and appropriate, to persons who perform a function relating to the provision of any estimated mark, by order, following consultation with the Commission, designate such persons as the Minister considers necessary and appropriate to be tutors for the purposes of the application of this Act.<\/p>\n<h4>Issue of certificate of final results of Leaving Certificate Examination for the year 2020<\/h4>\n<p>9. The Commission shall, in respect of the final results of the Leaving Certificate Examination for the year 2020, subject to the determination of any appeal in relation to those results, issue a certificate to each candidate concerned\u2014<\/p>\n<p>(a) comprising, in respect of the subjects concerned, the results achieved by a candidate and issued by the Minister pursuant to a system of calculated grades operated by the Minister in respect of the Leaving Certificate Examination for that year or, as the case may be, any higher result achieved by a candidate where, in respect of any subject, such candidate sat the Leaving Certificate Examination that took place in that year, in that subject, or<\/p>\n<p>(b) in the case of a candidate who did not receive results pursuant to the system of calculated grades referred to in paragraph (a) and who sat the Leaving Certificate Examination for that year, in any subject, comprising, in respect of that subject, the results achieved by such candidate.<\/p>\n<h4>Data protection<\/h4>\n<p>10. (1) Personal data of candidates collected for the purposes of the system of accredited grades pursuant to this Act and any regulations made thereunder may, in so far as is necessary, be processed by\u2014<\/p>\n<p>(a) the Minister and the Commission, for the purposes of the performance of their respective functions pursuant to this Act and any regulations made thereunder,<\/p>\n<p>(b) an appeals officer appointed to consider an appeal referred to in section 2 (3) or (4), 4 (6) or 5 (2), as the case may be, for the purposes of the performance of his or her functions pursuant to this Act and any regulations made thereunder relating to the consideration of such appeal, subject to such other conditions (if any) as the Minister considers appropriate to impose on such processing, and<\/p>\n<p>(c) a person with whom the Minister or the Commission, as the case may be, has entered into a contract for the provision of any services relating to the process of standardisation, including the design and application of that process and any necessary quality assurance related to such application, for the purposes of the provision of such service, subject to such other conditions (if any) as the Minister considers appropriate to impose on such processing.<\/p>\n<p>(2) For the purposes of this section, the Minister and the Commission are designated as data controllers in relation to the personal data processed for the purposes referred to in subsection (1) and the Minister and the Commission, as the case may be, shall put in place appropriate data processing contracts, where necessary, with the persons referred to in paragraphs (b) and (c) of subsection (1).<\/p>\n<p>(3) Personal data processed for the purposes referred to in subsection (1) shall be kept and used by the persons referred to in paragraphs (b) and (c) of subsection (1) for the respective purposes only referred to in those provisions and may be processed only for as long as the personal data are required for those purposes and shall be permanently deleted after they are no longer so required.<\/p>\n<p>(4) (a) The Minister may, subject to the General Data Protection Regulation, and following consultation with the Commission, make regulations\u2014<\/p>\n<p>(i) in relation to the processing of personal data which is necessary for the purposes of this Act or any regulations made thereunder,<\/p>\n<p>(ii) to designate such other person, as the Minister considers appropriate, as a data controller for the purposes of this Act or any regulations made thereunder, and such person may be designated in addition to, or in substitution for, the Minister or the Commission.<\/p>\n<p>(b) Regulations made under paragraph (a) (i) shall specify\u2014<\/p>\n<p>(i) the personal data that may be processed,<\/p>\n<p>(ii) the circumstances in which the personal data may be processed, including specifying the persons to whom the data may be disclosed, and<\/p>\n<p>(iii) such other conditions (if any) as the Minister considers appropriate to impose on such processing.<\/p>\n<p>(5) In this section\u2014<\/p>\n<p>\u201ccontroller\u201d means a controller within the meaning of the General Data Protection Regulation;<\/p>\n<p>\u201cGeneral Data Protection Regulation\u201d means Regulation (EU) 2016\/679 of the European Parliament and of the Council of 27 April 20161 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95\/46\/EC (General Data Protection Regulation);<\/p>\n<p>\u201cpersonal data\u201d has the meaning it has in the General Data Protection Regulation;<\/p>\n<p>\u201cprocessing\u201d, in relation to personal data, has the meaning it has in the General Data Protection Regulation.<\/p>\n<p>Laying of regulations and orders<\/p>\n<p>11. Every order (other than an order under section 13 (2)) or regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation is annulled, but without prejudice to the validity of anything previously done under it.<\/p>\n<p>Expenses<\/p>\n<p>12. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.<\/p>\n<p>Short title and commencement<\/p>\n<p>13. (1) This Act may be cited as the Education (Leaving Certificate 2021) (Accredited Grades) Act 2021.<\/p>\n<p>(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.<\/p>\n<p>SCHEDULE<\/p>\n<p>Languages specified as subjects for purposes of paragraph (c) of definiton of \u201ctutor\u201d in section 1<\/p>\n<p>Section 1<\/p>\n<p>The following languages are specified as subjects for the purposes of paragraph (c) of the definition of \u201ctutor\u201d in section 1 :<\/p>\n<p>Bulgarian<\/p>\n<p>Croatian<\/p>\n<p>Czech<\/p>\n<p>Danish<\/p>\n<p>Dutch<\/p>\n<p>Estonian<\/p>\n<p>Finnish<\/p>\n<p>Hungarian<\/p>\n<p>Latvian<\/p>\n<p>Lithuanian<\/p>\n<p>Maltese<\/p>\n<p>Modern Greek<\/p>\n<p>Polish<\/p>\n<p>Portuguese<\/p>\n<p>Romanian<\/p>\n<p>Slovakian<\/p>\n<p>Slovenian<\/p>\n<p>Swedish<\/p>\n<p>1 OJ No. L119, 4.5.2016, p.1<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-2417\" data-postid=\"2417\" class=\"themify_builder_content themify_builder_content-2417 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>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 [&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\/2417"}],"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=2417"}],"version-history":[{"count":19,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2417\/revisions"}],"predecessor-version":[{"id":35147,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2417\/revisions\/35147"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=2417"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=2417"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=2417"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}