Paul Gogarty (Dublin Mid West, Green Party)
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Question 416: To ask the Tánaiste and Minister for Education and Skills the autonomy that school boards of management possess under the Education Act; the rights that parents possess to appeal decisions to the board of management or to her as well as to seek evidence of transparency in decision making; and if she will make a statement on the matter. [18197/10]

Mary Coughlan (Donegal South West, Fianna Fail)
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In Ireland, the 1998 Education Act provides the legal framework for the delivery of education to children.

Under the Education Act, 1998 the day to day management of schools is a matter for the Board of Management. Specifically, Section 15 (1) of the Act provides that "It shall be the duty of a board to manage the school on behalf of the patron and for the benefit of the students and their parents and to provide or cause to be provided an appropriate education for each student at the school for which that Board has responsibility ".

Under Section 20 of the Act, Boards of Management must establish procedures for informing the parents of children in the school of matters relating to the operation and performance of the school. The Act provides that parental concerns should be determined in the school concerned and appealed to its Board of Management.

Where parents raise a concern with schools, I support the approach whereby schools keep parents informed throughout the decision making process; and inform parents of both its decision as well as the reasons for its decision. Parents are mindful that issues relating to a member of staff have to be dealt with by the school management in the context of an employer/employee relationship.

Under Section 29 of the Act, specific provision was made for parental right to appeal decisions taken by a Board of Management of a school, or a person acting on behalf of the Board to expel, or suspend a pupil for a period greater than 20 days, or refuses to enrol a student. Parents can appeal such decision either to the relevant Vocational Educational Committee, in the first instance for VEC schools, or to the Secretary General of my Department.

The intention that lies behind this distinction in the legislation is clear. Suspension, expulsion, or refusal to enrol students are very serious decisions that can have a major impact on the education of the individual pupils concerned. The legislation provides for the appeals to the Secretary General of my Department to be heard by an independent committee. Committees are comprised of a serving School Inspector and two other persons nominated from a panel appointed by the Minister. The committee members comprise persons with previous experience and expertise in the educational field. In making a determination on a Section 29 appeal, the committee will provide evidence of the material it considered and reasons for its decision.

A recent High Court judgment on one Section 29 determination by an appeal committee has altered the scope of the determinations by these committees. Clarity on this High Court judgment is being sought through the Supreme Court, which is due to hear the appeal over the coming days. This clarity will assist with drafting of regulations and legislation in this area in the future, as well as informing the implementation of the commitment in the Programme for Government to 'examine how best school governance systems can evolve to better include parents and students in decision-making in schools and develop a new regulatory framework for school enrolment'.

Paul Gogarty (Dublin Mid West, Green Party)
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Question 417: To ask the Tánaiste and Minister for Education and Skills the plans, if any, that are in place to review the Education Act to create a more standardised decision making template for schools in day-to-day administration and provision of services to students; and if she will make a statement on the matter. [18198/10]

Mary Coughlan (Donegal South West, Fianna Fail)
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The Education Act 1998 provides the broad framework for our education system and sets out the main roles, rights and responsibilities of the various parties to our education system. An extensive range of supports and guidance material, including Department Circulars, is in place to assist and guide schools in carrying out their day to day activities.

The Education Act 1998 provides the Minister with the power to make regulations relating to a range of issues concerning the provision of education by schools. Rather than engage in an exercise to review the act itself, the incremental use of those regulatory powers where appropriate to replace and supplement existing rules and circulars is favoured.