Written answers
Tuesday, 11 February 2025
Department of Education and Skills
Home Schooling
Carol Nolan (Offaly, Independent)
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275. To ask the Minister for Education and Skills if there has been a change in her Department’s approach to the assessment process for home schooling; if it is now the case that meetings are now requested with the child for whom home schooling is being sought by a parent or guardian; and if she will make a statement on the matter. [4144/25]
Helen McEntee (Meath East, Fine Gael)
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The Irish constitution acknowledges the role of a parent as the primary educator of the child and has enshrined in law that a parent may home educate their child or may choose to send their child to a non-recognised school. The State cannot oblige parents to send their children to a recognised school but it must satisfy itself that all children receive a minimum education.
Since 1 January 2021 the education welfare functions of Tusla are under the remit of my department. As provided for in Section 14 of the Education (Welfare) Act 2000, Tusla is responsible for maintaining a register of all children who are home educated or who attend a school that does not fall under the definition of a ‘recognised school’ as set out in the Education Act, 1998. Tusla’s Alternative Education Assessment and Registration Service (AEARS) is responsible for assessing educational provision against ministerial guidance to determine eligibility for inclusion on the statutory register.
There has been a recent change in the assessment process for home education as carried out by AEARS. The change strengthens the existing practice of engaging with children during the assessment process to ensure that their views are taken into account, in line with legal and child safeguarding and welfare considerations.
As part of the assessment process, AEARS assessors consult with parents or guardians and request that the child be present during the assessment. This is not a new practice; assessments have historically involved direct engagement with children, allowing them to participate in the process. These interactions contribute valuable insight to the assessment and are reflected in the final assessment reports. Meeting with the child helps AEARS determine whether the educational provision remains suitable and compliant with the requirements of Section 14.
Tusla is mandated by the Child Care Act 1991 to promote the welfare and safeguarding of children. This duty, as applicable to children subject to the provisions of the Education Welfare Act, 2000, is set out in Section 9 of the Child and Family Agency Act, 2013.
To further reinforce the importance of considering children’s views in the assessment process and ensuring safeguarding requirements are met, a Regulatory Notice has been developed by Tusla. Stakeholders were informed of this impending amendment during consultations in June and September 2024, prior to the publication of a Regulatory Notice on the Tusla website in December 2024. The Regulatory Notice can be found at Further engagement by AEARS with stakeholders is planned to take place in the coming weeks.
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