Seán Crowe (Dublin South West, Sinn Fein)

This debate is timely in light of increasing indiscipline in our schools, most recently displayed with the stabbing of a 17 year old pupil by a fellow pupil in a school in Templeogue and the assault of a teacher in Clondalkin who was attacked by several students resulting in the teacher losing several teeth. I am also aware of an incident a few years ago where a former pupil threw rocks at a pregnant teacher's car, breaking the windscreen. A mini-riot ensued and teachers had to be escorted from the school. Four Garda cars and the Garda helicopter were involved. The teacher had to pay for the repairs to her car because the incident happened on school property. I was not too popular at the school for highlighting what happened because the school was not happy with the publicity.

Hard cases may not make good law but I cautiously welcome this legislation. The Minister is attempting to ensure greater balance between the rights of the school, the community, the rights of teachers to work in non-disruptive classroom, the right of suspended or expelled pupils to appeal a decision and the collective right of other students to learn in an environment free from disruption and menace.

Section 29 proved a lengthy and bureaucratic procedure unpopular with teachers, unions and schools. It placed a considerable administrative burden on schools, particularly principals, making it extremely difficult to deal with serious, disruptive behaviour.

What is the Minister's response to the belief of the TUI that the issue of appeals being upheld on a technicality has not been addressed? The TUI has warned that the Minister has not gone far enough to ensure a level playing field for every member of the school community. It also seems the Minister has ignored the TUI demand that an appeals panel should normally not recommend the reinstatement of pupils in violent cases. Surely an appeals panel should include serving teachers, as is the case in Northern Ireland and Britain, or representatives of a teachers' union.

Most agree that section 29 needs reform but that reform must ensure that unruly students are not returned on a technicality to the detriment of the broader school population. We must balance the rights of all. By favouring disruptive students, section 29 resulted in schools becoming increasingly powerless to remove continually disruptive students due to the unfair appeals process. Reforming this legislation is a first step but is not enough to improve discipline, respect and a general positive learning environment in our schools. Indiscipline takes up a considerable amount of time for teachers, resulting in stress and threats of physical abuse. Pupils also lose teacher time. We should never underestimate the negative impact that a minority of disruptive students can have on others. Physical, verbal and emotional abuse should have no place in our classrooms.

While the Minister for Education and Science has pledged €8 million this year for the national behaviour support service, this will only cover 50 schools. The Minister must respond adequately to the gravity of this problem. The disruptive minority in any classroom should not be allowed to dictate to the rest and hinder a teacher's ability to teach or a pupil's ability to learn.

School discipline is unquestionably a core issue in post-primary education. The amount allocated to tackle student indiscipline should be considered in the context of spending in Britain. Following a 2001 report highlighting the extent of negative school behavioural problems in Scotland, some £32 million was spent each year in the first three years, which was supplemented by a £53 million package. This funded additional support staff in schools, such as behaviour co-ordinators and classroom assistants. Last year alone in Wales and England over £460 million was assigned to its behaviour improvement programme. The behaviour support service needs a significant increase in staff numbers. There is a need for behaviour support in classrooms to help students who are struggling. Learning support units would reduce suspensions and expulsions by improving student learning, motivation, attendance and behaviour. Many second level schools face a crisis of discipline and must be supported in tackling this problem. All students have the right to a school experience that is free from disruption and bullying.

Recent TUI research revealed the severity of this problem. One in five post-primary teachers is subjected to intimidation and threatening behaviour every week. There is a need to improve and guarantee discipline in the schools with a well-resourced behaviour support system. Suspension and expulsion of students should be the last resort. For those students who cannot cope with, or are not suited to, mainstream education an alternative education must be provided. It is not acceptable to dump young people with behavioural problems on the community to create more mayhem on the streets.

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