Written answers

Wednesday, 1 February 2006

Department of Education and Science

School Discipline

9:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 318: To ask the Minister for Education and Science the situation regarding the suspension and expulsion of pupils from primary and secondary level schools; and if she will make a statement on the matter. [3520/06]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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The Education (Welfare) Act 2000 established the National Educational Welfare Board, NEWB, as the single national body with responsibility for school attendance. The Act provides a comprehensive framework promoting regular school attendance and tackling the problems of absenteeism and early school leaving. The general functions of the board are to ensure that each child attends a recognised school or otherwise receives a certain minimum education.

Under section 23 of the Education (Welfare) Act 2000, schools are required to have in place a code of behaviour detailing the circumstances under which the penalties of suspension and expulsion may be incurred. The Act requires that each board of management formulates a code of behaviour in consultation with teachers, parents and the NEWB.

My Department's guidelines assist boards of management in discharging their obligations in the area of school discipline. They were drawn up following consultation with representatives of management, teachers and parents and are sufficiently flexible to allow each school authority to adapt them to suit the particular needs of the school. Each board of management is responsible for formulating a fair and efficient code of behaviour while ensuring that the individuality of each child is accommodated and acknowledging the right of each child to education in a relatively disruption-free environment. The code should also include provision for dealing with serious breaches of discipline and continuously disruptive pupils.

In January 2005, the NEWB issued guidelines to the management authorities of all primary and post primary schools on reporting student absences and expulsions. These guidelines advise that the board of management must report its decision to expel a student to the NEWB. Under section 24(4) of the Act, the decision to expel a student cannot take effect until 20 school days have elapsed following the receipt of the notification by the educational welfare officer, thus facilitating an opportunity for appropriate intervention. However, this requirement is without prejudice to the right of the board of management of a school to take such other reasonable measures as it considers appropriate to ensure that good order and discipline are maintained in the school and that the safety of students is secured. The guidelines also outline the necessity to report where a student has been suspended for six days or more cumulatively.

Section 29 of the Education Act 1998 provides for an appeal to the Secretary General of my Department where a board of management or a person acting on behalf of the board refuses to enrol a student, suspends a student for a cumulative total of more than 20 days in an academic year or expels a student from the school. Provision also exists under section 29 for the NEWB to make a submission at the hearing of an appeal brought by a parent or student against expulsion. The NEWB may, itself, take an appeal under Section 29 of the Education Act 1998. However, the NEWB does not exercise a decision-making function in respect of determining an appeal under section 29 of the Education Act 1998.

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