Written answers

Tuesday, 17 June 2014

Department of Education and Skills

School Management

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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255. To ask the Minister for Education and Skills if he will create an additional avenue of appeal for parents who are having difficulty or in a dispute with the board of management of their school and the board and the patron refuses to engage with the parents; and if he will make a statement on the matter. [25935/14]

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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The statutory role and functions of the Children's Ombudsman are set out under sections 8 and 9 in the Ombudsman for Children Act, 2002. The Act empowers the Children's Ombudsman to investigate the administrative procedures followed by a school board of management provided the parent has firstly and fully followed the schools complaints procedures. The key criterion for any intervention by the Ombudsman is that a child has, or may have been negatively affected by the action of a school.

Section 28 of the Education Act 1998 provides for grievance and appeal procedures in schools. It expresses a desirability of determining appeals and resolving grievances in the school concerned.

I am not satisfied with the current provisions of Section 28. I plan to revise it in order to provide in law for a Parent and Student Charter. Providing parents with the rationale for any decision is important. If schools help parents to understand the basis for a decision parents are more likely to accept the fairness of decisions.

This charter may be underpinned by legislation if necessary. I believe there is a need to look at how a stronger culture of valuing parental involvement in the level of each individual school can be created.

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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256. To ask the Minister for Education and Skills the budgets available to school boards of management to spend on legal fees where they are in dispute with a parent about a school issue; if his Department or the State pays the legal costs of the board of management in such disputes and in cases where costs are awarded against the board of management in the court; and if he will make a statement on the matter. [25962/14]

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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257. To ask the Minister for Education and Skills his plans regarding making changes to the operations and reporting structures of boards of management of schools; and if he will make a statement on the matter. [25964/14]

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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I propose to take Questions Nos. 256 and 257 together.

The agreed procedures for the appointment of boards of management of primary schools and the rules under which these Boards operate are set out in my Department's publication "Constitution of Boards and Rules of Procedures 2011". The term of office of the current Boards of the circa 3300 primary schools will expire on 30 November 2015 with new Boards being appointed from 01 December 2015. It is intended that this publication will be reviewed and updated as appropriate by my Department in advance of that date.

My Department provides capitation funding to primary schools to cover their day to day running costs, including any costs associated with insurance. It is a matter for each Board to raise with its insurers whether any legal costs it has incurred are comprehended by the school's insurance policy.

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