Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 257: To ask the Minister for Education and Science the guidelines which are issued to schools in regard to the accompaniment of pupils when they leave the classroom to attend the toilet; if different guidelines are issued in respect of different age pupils; and if she will make a statement on the matter. [9591/05]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Sections 14, 15 and 23 of the Education Act 1998 assigns each board of management and principal teacher responsibility for the day-to-day management of schools at both primary and post-primary level. Principals should organise supervision for the order and general behaviour of pupils during school hours. In particular, they should organise and participate in the effective supervision of the pupils during breaks, lunch breaks, assembly and dismissal.

Rules 121(4) and 124(1) of the rules for national schools and section 23(2) of the Education Act 1998 oblige teachers to take all reasonable precautions to ensure the safety of pupils and to participate in supervising pupils when the pupils are on school premises, during school time and-or on school activities. Accordingly, the responsibility of all teachers individually and collectively to provide a duty of care at all times towards the pupils in the school in which they teach, including periods of supervision, remains. Special needs assistants, who may be assigned to schools to cater for pupils with significant care needs, may be required to assist such pupils with toileting, if appropriate.

While my Department does not issue specific guidelines on requirements for supervision of different age pupils, it acknowledges that the degree of supervision required of school authorities varies with the circumstances, including the age of the pupil. This duty, in the case of very young pupils, might include an obligation to ensure that such pupils do not leave the classroom without appropriate supervision.