Michael McCarthy (Cork South West, Labour)
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706. To ask the Minister for Education and Skills the procedure for making a complaint against a principal of a school; the role of her Department in a complaint against a principal; and if she will make a statement on the matter. [23257/15]

Jan O'Sullivan (Limerick City, Labour)
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The Deputy will be aware that, under the Education Act 1998, legally, all schools are managed by the school Board of Management, on behalf of the schools patrons or trustees or Education and Training Board (known as the management authority). It is the management authority that employs the school principal, teachers and other staff members. In ETB schools, the ETB is the employer.

Accordingly, whereas I provide funding and policy direction for schools, neither I nor the Department have legal powers to instruct schools to follow a particular course of direction with regards to individual complaint cases, or to investigate individual complaints except where the complaint involves a refused enrolment, expulsion or suspension, in accordance with Section 29 of the 1998 Education Act.

In dealing with parental complaints, my Department's role is to clarify for parents how their grievances and complaints against the school can be progressed. Where a parent feels that the school's board of management has failed to investigate or adequately investigate their complaint, they should contact the Ombudsman for Children.

The Office of the Ombudsman for Children may independently investigate complaints about schools recognised with the Department of Education and Skills, provided the parent has firstly and fully followed the school's complaints procedures.

Section 28 is the section of the Education Act 1998 that provides for parental complaints in schools. It expresses a desirability of determining appeals and resolving grievances in the school.

I am not satisfied with the current provisions of Section 28. I plan to revise it and to provide in law for a Parent and Student Charter. Changing how schools engage with, listen and respond to parent concerns will be an important part of a 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.

Brendan Griffin (Kerry South, Fine Gael)
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707. To ask the Minister for Education and Skills the position regarding measures to discourage the employment of retired and pensioned teachers in substitute positions; and if she will make a statement on the matter. [23300/15]

Jan O'Sullivan (Limerick City, Labour)
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The policy of my Department is to ensure, as far as possible, that the Managerial Authorities of Primary and Post Primary schools give priority to unemployed registered teachers who are fully qualified when filling vacant teaching posts. It is schools that employ teachers and not my Department. However, my Department has issued a number of Circulars addressing this issue in recent years.

Under these Circulars School Principals must maintain a list of unemployed registered teachers who are available for substitute work at short notice and report to the Board of Management on any exceptional occasion where they have had to engage a registered teacher who is retired. Circular 31/2011 details a cascade of measures for the recruitment of teachers, prioritising registered teachers over retired registered teachers and unregistered people.

A retired teacher who returns to teaching on or after 1 February 2012 will commence at the first point of the incremental salary scale (i.e. the lowest point or starting salary for teachers). Incremental credit for service prior to 1 February 2012, qualification allowances and certain job role allowances are also not payable. This measure represents a significant financial disincentive for teachers who retired at the top of their salary scale, often with a post of responsibility allowance, to return to teaching.