Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 439: To ask the Minister for Education and Science the code of practice with regard to child supervision in primary schools before school; the code of practice with regard to child supervision in primary schools at breaktime and lunchtime; the provisions in place, if a school is unable to adhere to these practices; and if she will make a statement on the matter. [35376/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Sections 14, 15 and 23 of the Education Act,1998 assign each Board of Management and Principal Teacher responsibility for the day-to-day management of schools. 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.

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.

In July 2002, my Department agreed arrangements for the provision of funding for supervision in respect of mid-morning and lunch-time breaks. Circular 21/02 issued at that time and it set out the agreement and arrangements for payment. The agreement provided for the provision of funding to Boards of Management for supervision on the basis of an estimated need of 37 hours supervision per annum per whole time teacher equivalent or a minimum of 122 hours per school, whichever is the greater. Schools certify at the end of the school year that the supervision duties have been carried out and based on returns from the schools payment issues in July/August to the relevant teachers through the Department's payroll.

Specific arrangements apply in the case of 1, 2 and 3 teacher schools. In one teacher schools a grant equivalent to 122 hours of supervision is paid to the BOM for the provision of supervision services which may be facilitated by the appointment of a lunchtime supervisor. Grants are also paid to 2 and 3 teacher schools.