EDUCATION ACT, 1998

AN ACT TO MAKE PROVISION IN THE INTERESTS OF THE COMMON GOOD FOR THE EDUCATION OF EVERY PERSON IN THE STATE, INCLUDING ANY PERSON WITH A DISABILITY OR WHO HAS OTHER SPECIAL EDUCATIONAL NEEDS, AND TO PROVIDE GENERALLY FOR PRIMARY, POST-PRIMARY, ADULT AND CONTINUING EDUCATION AND VOCATIONAL EDUCATION AND TRAINING; TO ENSURE THAT THE EDUCATION SYSTEM IS ACCOUNTABLE TO STUDENTS, THEIR PARENTS AND THE STATE FOR THE EDUCATION PROVIDED, RESPECTS THE DIVERSITY OF VALUES, BELIEFS, LANGUAGES AND TRADITIONS IN IRISH SOCIETY AND IS CONDUCTED IN A SPIRIT OF PARTNERSHIP BETWEEN SCHOOLS, PATRONS, STUDENTS, PARENTS, TEACHERS AND OTHER SCHOOL STAFF, THE COMMUNITY SERVED BY THE SCHOOL AND THE STATE; TO PROVIDE FOR THE RECOGNITION AND FUNDING OF SCHOOLS AND THEIR MANAGEMENT THROUGH BOARDS OF MANAGEMENT; TO PROVIDE FOR AN INSPECTORATE OF SCHOOLS; TO PROVIDE FOR THE ROLE AND RESPONSIBILITIES OF PRINCIPALS AND TEACHERS; TO ESTABLISH THE NATIONAL COUNCIL FOR CURRICULUM AND ASSESSMENT AND TO MAKE PROVISION FOR IT, AND TO PROVIDE FOR RELATED MATTERS. [23rd December, 1998]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I Preliminary and General

1. Short title and commencement.

1.—(1) This Act may be cited as the Education Act, 1998.

• (2) Subject to subsection (3), this Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed either generally or with reference to any particular purpose, function, provision or class of school, and different days may be so fixed for different purposes, functions or provisions of this Act or different classes of schools.

• (3) This Act shall come into operation in respect of any purpose, function, provision or class of school, with reference to which the Minister has not made an order under subsection (2), two years from the date of its passing.

• (4) As soon as practicable after the end of the first and second years following the date of passing of this Act, the Minister shall prepare a report on the implementation of the Act and shall cause copies of the report to be laid before each House of the Oireachtas.

• (5) The Intermediate Education (Ireland) Acts, 1878 to 1924 and this Act may be cited together as the Education Acts, 1878 to 1998, and shall be construed together as one.

2. Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

F1["admission policy" has the meaning assigned to it by section 62 (inserted by section 9 of the Education (Admission to Schools) Act 2018);]

“articles of management” means any instruments, relating to the operation and management of schools, as are in operation on the commencement of this Act and as shall be agreed from time to time by patrons of schools, national associations of parents and recognised trade unions and staff associations representing teachers;

“board” means a board of management established under section 14;

“centre for education” means a place, other than a school or a place providing university or other third level education, where adult or continuing education or vocational education or training, is provided and which is designated for that purpose under section 10(4);

“characteristic spirit” means the characteristic spirit referred to in section 15 (2) (b);

“Council” means the body established under section 39;

“curriculum” shall be construed in accordance with section 30;

F2["disability" means, in relation to a person, a restriction in the capacity of the person to participate in and benefit from education on account of an enduring physical, sensory, mental health or learning disability, or any other condition which results in a person learning differently from a person without that condition and cognate words shall be construed accordingly;]

F3["educational disadvantage" means the impediments to education arising from social or economic disadvantage which prevent students from deriving appropriate benefit from education in schools;]

“examination” has the meaning assigned to it by section 49;

“functions” includes powers and duties;

“Gaeltacht area” means an area for the time being determined to be a Gaeltacht area by order made under section 2 of the Ministers and Secretaries (Amendment) Act, 1956;

“Inspector” means a member of the Inspectorate;

“Inspectorate” means the Inspectorate appointed under section 13;

“Minister” means the Minister for Education and Science;

“national association of parents” means an association or other body of persons established by parents with objects which include representing the views and interests of parents with regard to education and assisting parents in exercising their rights and role in the process of the education of their children, that is—

• (a) established and organised on a national basis and has a membership distributed over a substantial part of the State, and

• (b) for the time being recognised by the Minister for the purposes of this Act, including the National Parents Council - Primary and the National Parents Council (Post-Primary) Limited, being bodies for the time being so recognised;

“National Council for Curriculum and Assessment” means the body established in accordance with section 39;

“parent” includes a foster parent, a guardian appointed under the Guardianship of Children Acts, 1964 to 1997, or other person acting in loco parentis who has a child in his or her care subject to any statutory power or order of a court and, in the case of a child who has been adopted under the Adoption Acts, 1952 to 1998, or, where the child has been adopted outside the State, means the adopter or adopters or the surviving adopter;

“parents' association” means an association to which section 26 applies;

“patron” has the meaning assigned to it by section 8;

“prescribed” means prescribed by regulations made by the Minister and cognate words shall be construed accordingly;

F4["Principal" means a person appointed to be a Principal;]

“recognised school” means a school which is recognised by the Minister in accordance with section 10;

“recognised school management organisations” means those bodies as may be established for the purpose of representing the interests of persons engaged in the management of schools and which are recognised by the Minister for the purposes of this Act;

“recognised trade union” means a trade union licensed under the Trade Union Acts, 1871 to 1990, that stands recognised for consultation purposes;

“school” means an establishment which—

• (a) provides primary education to its students and which may also provide early childhood education, or

• (b) provides post-primary education to its students and which may also provide courses in adult, continuing or vocational education or vocational training,

but does not include a school or institution established in accordance with the Children Acts, 1908 to 1989, or a school or institution established or maintained by F5[the Health Service Executive] in accordance with the Health Acts, 1947 to 1996, or F6the Child and Family Agency in accordance with the [Child Care Act 1991];

“school plan” has the meaning assigned to it by section 21(1);

“school week” means the period of time during a week when a school is open for the reception of students;

“school year” means such twelve month period commencing on a day that falls between the first day of July and the first day of October in any year as may be prescribed from time to time by the Minister, either generally or in respect of any school or class of school;

F7["special class" has the same meaning as it has in Part X (inserted by section 9 of the Education (Admission to Schools) Act 2018);]

“special educational needs” means the educational needs of students who have a disability and the educational needs of exceptionally able students;

“student”, in relation to a school, means a person enrolled at the school and in relation to a centre for education, means a person registered as a student in that centre;

“support services” means the services which the Minister provides to students or their parents, schools or centres for education in accordance with section 7 and shall include any or all of the following:

• (a) assessment of students;

• (b) psychological services;

• (c) guidance and counselling services;

• (d) technical aid and equipment, including means of access to schools, adaptations to buildings to facilitate access and transport, for students with special needs and their families;

• (e) provision for students learning through Irish sign language or other sign language, including interpreting services;

• (f) F8[…]

• (g) provision for early childhood, primary, post-primary, adult or continuing education to students with special needs otherwise than in schools or centres for education;

• (h) teacher welfare services;

• (i) transport services;

• (j) library and media services;

• (k) school maintenance services;

• (l) examinations provided for in Part VIII;

• (m) curriculum support and staff advisory services, and

• F9[(n) such other services as are specified by this Act or considered appropriate by the Minister, or both, but which shall not include health and personal social services within the meaning of the Health Act 2004;]

“teacher” includes a Principal;

F10[…]

• (2)
• (a) In this Act a reference to a Part, section or a Schedule is a reference to a Part or section of or a Schedule to this Act, unless it is indicated that a reference to some other Act is intended.

• (b) In this Act a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other pro-vision is intended.

• (3) A reference in this Act to the performance of functions includes, with respect to powers and duties, a reference to the exercise of powers and the carrying out of duties.

3. Expenses.

3.—Any expenses incurred by the Minister in the administration of this Act shall, to such extent as may be approved of by the Minister for Finance, be paid out of monies provided by the Oireachtas.

4. Service of notices.

4.—Where a notice, direction or other document is authorised or required by or under this Act or regulations made thereunder to be served on a person, it shall, unless otherwise specified in this Act, be addressed to the person and shall be served on or given to the person in one of the following ways—

• (a) where it is addressed to the person by name, by delivering it to the person, or

• (b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address, or

• (c) by sending it by ordinary prepaid post addressed to the person at the address at which the person ordinarily resides, or in a case in which an address for service has been furnished, at that address.

5. Laying of regulations and orders.

5.—Every regulation and every order made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

6. Objects of Act.

6.—Every person concerned in the implementation of this Act shall have regard to the following objects in pursuance of which the Oireachtas has enacted this Act:

• (a) to give practical effect to the constitutional rights of children, including children who have a disability or who have other special educational needs, as they relate to education;

• (b) to provide that, as far as is practicable and having regard to the resources available, there is made available to people resident in the State a level and quality of education appropriate to meeting the needs and abilities of those people;

• (c) to promote equality of access to and participation in education and to promote the means whereby students may benefit from education;

• (d) to promote opportunities for adults, in particular adults who as children did not avail of or benefit from education in schools, to avail of educational opportunities through adult and continuing education;

• (e) to promote the right of parents to send their children to a school of the parents’ choice having regard to the rights of patrons and the effective and efficient use of resources;

• (f) to promote best practice in teaching methods with regard to the diverse needs of students and the development of the skills and competences of teachers;

• (g) to promote effective liaison and consultation between schools and centres for education, patrons, teachers, parents, the communities served by schools, local authorities, F12[the Health Service Executive], F13[the Child and Family Agency,] persons or groups of persons who have a special interest in, or experience of, the education of students with special educational needs and the Minister;

• (h) to contribute to the realisation of national educational policies and objectives;

• (i) to contribute to the realisation of national policy and objectives in relation to the extension of bi-lingualism in Irish society and in particular the achievement of a greater use of the Irish language at school and in the community;

• (j) to contribute to the maintenance of Irish as the primary community language in Gaeltacht areas;

• (k) to promote the language and cultural needs of students having regard to the choices of their parents;

• (l) to enhance the accountability of the education system, and

• (m) to enhance transparency in the making of decisions in the education system both locally and nationally.

7. Functions of Minister.

7.—(1) Each of the following shall be a function of the Minister under this Act:

• (a) to ensure, subject to the provisions of this Act, that there is made available to each person resident in the State, including a person with a disability or who has other special educational needs, support services and a level and quality of education appropriate to meeting the needs and abilities of that person,

• (b) to determine national education policy, and

• (c) to plan and co-ordinate—

• (i) the provision of education in recognised schools and centres for education, and

• (ii) support services.

• (2) Without prejudice to the generality of subsection (1), each of the following shall be a function of the Minister:

• (a) to provide funding to each recognised school and centre for education and to provide support services to recognised schools, centres for education, students, including students who have a disability or who have other special educational needs, and their parents, as the Minister considers appropriate and in accordance with this Act;

• (b) to monitor and assess the quality, economy, efficiency and effectiveness of the education system provided in the State by recognised schools and centres for education, having regard to the objects provided for in section 6 and to publish, in such manner as the Minister considers appropriate, information relating to such monitoring and assessment;

• (c) to lease land or buildings to any person or body of persons for the purpose of establishing a school without prejudice to the establishment by patrons of schools which are situated on land or in buildings which are not leased to them by the Minister, the extension and further development of such schools when established and the recognition of such schools in accordance with section 10;

• (d) to provide support services through Irish to recognised schools which provide teaching through Irish and to any other recognised school which requests such provision;

• (e) to perform such other functions as are specifically provided for by this Act or any other enactment, and

• (f) to do all such acts and things as may be necessary to further the objects for which this Act is enacted.

• (3) The Minister shall have all such powers as are necessary or expedient for the purpose of performing his or her functions.

• (4) In carrying out his or her functions, the Minister—

• F14[(a) shall have regard to—

• (i) the resources available,

• (ii) the need to secure, as far as possible, that the education system provides—

• (I) best practice in teaching methods,

• (II) value for money, and

• (III) quality outcomes for students,

by setting standards for those engaged in the provision of education, including the determination both of procedures and such other matters as are provided for by this Act,

• (iii) the provision for education and training made by other agencies with funds provided by the Oireachtas,

• (iv) the need to reflect the diversity of educational services provided in the State, and

• (v) the practices and traditions relating to the organisation of schools or groups of schools existing at the commencement of this Part and the right of schools to manage their own affairs in accordance with this Act and any charters, deeds, articles of management or other such instruments relating to their establishment or operation,

and]

• (b) shall make all reasonable efforts to consult with patrons, national associations of parents, parents’ associations in schools, recognised school management organisations, recognised trade unions and staff associations representing teachers and such other persons who have a special interest in or knowledge of matters relating to education, including persons or groups of persons who have a special interest in, or experience of, the education of students with special educational needs, as the Minister considers appropriate.

• F15[(5) F16[…]

• (6) F16[…]]

PART II Schools

8. Patron of school.

8.—(1) (a) The person who, at the commencement of this section, is recognised by the Minister as the patron of a primary school, and

• (b) the persons who, at the commencement of this section, stand appointed as trustees or as the board of governors of a post-primary school and, where there are no such trustees or such board, the owner of that school,

shall be deemed to be the patron for the purposes of this Act and the Minister shall enter his, her or their name, as appropriate, in a register kept for that purpose by the Minister.

• (2) In any case other than that provided in subsection (1), the patron of a recognised school shall be the person who requested recognition of the school or a nominee of such person and the name of that person shall be entered in the register.

• (3) The Minister may amend the register in respect of any school on the application of the person who stands for the time being registered as the patron or of the successor to that person.

• (4) In the case of a school established or maintained by F17[an education and training board, that board] shall be the patron of the school for the purposes of this Act.

• (5) Where two or more persons exercise the functions of a patron they may be registered as joint patrons.

• (6) The patron of a school shall carry out the functions and exercise the powers conferred on the patron by this Act and such other functions and powers as may be conferred on the patron by any Act of the Oireachtas or instrument made thereunder, deed, charter, articles of management or other such instrument relating to the establishment or operation of the school.

• F18[(6A) The patron of a school shall cooperate, and shall ensure cooperation by the board of the school, with the National Council for Special Education in the performance by the Council of its functions under the Education for Persons with Special Educational Needs Act 2004 relating to the provision of education to children with special educational needs, including, in particular, by the provision and operation of a special class or classes when requested to do so by the Council.

• (6B) The patron shall ensure that the admission policy of the school accommodates the admission of children with a disability or other special educational needs.

• (6C) The patron shall comply with any direction served on the patron under section 37A.]

• (7) In this section—

“person” includes a body of persons;

“school” includes a proposed school.

9. Functions of a school.

9.—A recognised school shall provide education to students which is appropriate to their abilities and needs and, without prejudice to the generality of the foregoing, it shall use its available resources to—

• (a) ensure that the educational needs of all students, including those with a disability or other special educational needs, are identified and provided for,

• (b) ensure that the education provided by it meets the requirements of education policy as determined from time to time by the Minister including requirements as to the provision of a curriculum as prescribed by the Minister in accordance with section 30,

• F19[(ba) cooperate with the National Council for Special Education in the performance by the Council of its functions under the Education for Persons with Special Educational Needs Act 2004 relating to the provision of education to children with special educational needs, including, in particular, subject to and in accordance with the provisions of this Act and any direction served by the Minister on the patron or the board as the case may be, under section 37A, by the provision and operation of a special class or classes when requested to do so by the Council, and any direction served by the Council under section 67(4B),]

• (c) ensure that students have access to appropriate guidance to assist them in their educational and career choices,

• (d) promote the moral, spiritual, social and personal development of students and provide health education for them, in consultation with their parents, having regard to the characteristic spirit of the school,

• (e) promote equality of opportunity for both male and female students and staff of the school,

• (f) promote the development of the Irish language and traditions, Irish literature, the arts and other cultural matters,

• (g) ensure that parents of a students, or in the case of a student who has reached the age of 18 years, the student, have access in the prescribed manner to records kept by that school relating to the progress of that student in his or her education,

• (h) in the case of schools located in a Gaeltacht area, contribute to the maintenance of Irish as the primary community language,

• (i) conduct its activities in compliance with any regulations made from time to time by the Minister under F20[under this Act],

• (j) ensure that the needs of personnel involved in management functions and staff development needs generally in the school are identified and provided for,

• (k) establish and maintain systems whereby the efficiency and effectiveness of its operations can be assessed, including the quality and effectiveness of teaching in the school and the attainment levels and academic standards of students,

• (l) establish or maintain contacts with other schools and at other appropriate levels throughout the community served by the school, and

• (m) subject to this Act F21[…], establish and maintain an admissions policy which provides for maximum accessibility to the school F22[, including for students with a disability or other special educational needs].

10. Recognition of schools.

10.—(1) On a request being made for that purpose, the Minister may from time to time designate a school or a proposed school to be a school recognised for the purposes of this Act.

• (2) The Minister may designate a school or a proposed school to be a school recognised for the purposes of this Act where the Minister, on a request being made for that purpose by the patron of a school or a proposed school, is satisfied that—

• (a) the number of students who are attending or are likely to attend the school is such or is likely to be such as to make the school viable,

• (b) in the case of a proposed school, and having regard to the desirability of diversity in the classes of school operating in the area likely to be served by the school, the needs of students attending or likely to attend the school cannot reasonably be met by existing schools,

• (c) the patron undertakes that the school shall provide the curriculum as determined in accordance with section 30,

• (d) the patron agrees to permit and co-operate with regular inspection and evaluation by the Inspectorate,

• (e) the school complies, or in the case of a proposed school shall comply, with health, safety and building standards as are determined by law and any further such standards as are determined from time to time by the Minister, and

• (f) the patron agrees that the school shall operate in accordance F23[with this Act and such regulations as may be made by the Minister from time to time under this Act] and with any other terms and conditions as may reasonably be attached to recognition by the Minister.

• (3) A school that, on the commencement of this section, is in receipt of funds provided by the Oireachtas in respect of—

• (a) the education activities for students of that school, or

• (b) the remuneration of teachers in that school,

shall be deemed to be a school recognised in accordance with this section.

• (4) The Minister may from time to time designate a place to be a centre for education.

11. Withdrawal of recognition,

11.—(1) Where the Minister is satisfied that the requirements for recognition of a school as provided for in section 10 (2) are not being met by a school, including a school recognised in accordance with section 10 (3), or that the functions of a school are not being effectively discharged and is of the opinion that recognition should be withdrawn from that school, the Minister shall inform the board, the patron, the teachers, the student council where one exists and the parents of students in that school by notice in writing of that opinion and the reasons for the opinion.

• (2) If, after the expiration of three months from the date of the notice issued under subsection (1), and, after consideration of any representations made to the Minister by the board or the patron of the school, the teachers or the parents or the student council where one exists, the Minister remains of the said opinion, the Minister may withdraw recognition from the school by notice in writing addressed to the board and the patron of the school, and such notice shall be effective on and from the last day of the school year following the school year in which the notice was addressed to the board or such later date as the Minister may determine.

• (3) It shall be the duty of the Minister in respect of a school from which recognition has been withdrawn to arrange to make alternative and appropriate education facilities available for those students who were enrolled in the school on the date of such withdrawal and who require those facilities.

• (4) Where the Minister is satisfied that a school from which recognition has been withdrawn satisfies the requirements for recognition of a school as provided for in section 10, and that the functions of the school will be effectively discharged, the Minister may restore recognition to that school, provided that such restoration of recognition shall not entitle that school or any person employed in the school to receive any payment out of monies provided by the Oireachtas in relation to the period subsequent to the withdrawal of recognition and prior to the restoration of recognition.

12. Annual funding.

12.—(1) The Minister, with the concurrence of the Minister for Finance, shall determine and publish in each school year criteria by which any class or classes of recognised schools or centres for education are to be funded in the following school year from monies provided by the Oireachtas and such criteria shall allow for the payment of additional monies to recognised schools having regard to the level of educational disadvantage of students in the schools.

• (2) Except as otherwise provided by this Act, the Minister shall, in each school year by such date or dates as shall be determined by the Minister, make to each recognised school or centre for education a grant or grants, which accords with the criteria determined pursuant to this section, from monies provided by the Oireachtas in accordance with this Act, for the purposes of carrying on that school or centre for education.

• (3) A grant or grants shall not be made unless the school is a recognised school at the date that such grant or grants are to be made.

• (4) Except as otherwise provided in this Act, where, on the commencement of this section, arrangements are in place whereby grants are provided by the Minister to a body of persons which disburses such grants to two or more recognised schools, then nothing in this Act shall operate to alter such arrangements except with the agreement of that body or its successor.

• (5) Where subsection (4) applies, the Minister shall, from monies provided by the Oireachtas, make such grant or grants to the body referred to in that subsection or its successor of an amount equal to the amount which, but for this subsection, would have been made to schools under subsection (2) and any such grant or grants shall be applied by that body for the benefit of students in those schools.

PART III The Inspectorate

13. The Inspectorate.

13.—(1) The Minister shall appoint a Chief Inspector and such and so many Inspectors as the Minister considers appropriate and the Chief Inspector and Inspectors collectively shall be known and are referred to in this Act as the “Inspectorate”.

• (2) The Minister shall include amongst those he or she appoints as Inspectors under subsection (1) persons who hold qualifications as psychologists or who have other expertise, including expertise in the education of students with special educational needs.

• (3) The functions of an Inspector shall be:

• (a) to support and advise recognised schools, centres for education and teachers on matters relating to the provision of education and, without prejudice to the generality of the foregoing, an Inspector—

• (i) shall visit recognised schools and centres for education on the initiative of the Inspectorate, and, following consultation with the board, patron, parents of students and teachers, as appropriate, do any or all of the following:

• (I) evaluate the organisation and operation of those schools and centres and the quality and effectiveness of the education provided in those schools or centres, including the quality of teaching and effectiveness of individual teachers;

• (II) evaluate the education standards in such schools or centres;

• (III) assess the implementation and effectiveness of any programmes of education which have been devised in respect of individual students who have a disability or other special educational needs;

• (IV) assess the implementation of regulations made by the Minister, and

• (V) report to the Minister, or to the board, patron, parents of students and teachers, as appropriate, and as prescribed, on these matters or on any other matter relating to the activities of those schools or centres and the needs of students attending those schools or centres,

• (ii) F24[…]

• (iii) shall advise teachers and boards in respect of the performance of their duties, and, in particular, assist teachers in employing improved methods of teaching and conducting classes, and

• (iv) shall advise parents and parents’ associations;

• (b) to evaluate the quality and effectiveness of the provision of education in the State, including comparison with relevant international practice and standards, and to report thereon to the Minister;

• (c) to conduct research into education and to provide support in the formulation of policy by the Minister;

• (d) to promote excellence in the management of, teaching in and the use of support services by schools and in the procedures for consultation and co-operation within and between schools and centres for education;

• (e) to disseminate information relating to—

• (i) the performance by the Inspectorate of the functions provided for in this section, and

• (ii) successful educational initiatives which have been implemented by schools and centres for education,

and promote informed debate on those matters;

• (f) to evaluate the effectiveness of the teaching, development, promotion and use of Irish in schools and centres for education and to report to the Minister on those matters;

• (g) to advise the Minister on any matter relating to education policy and provision, including the curriculum taught in recognised schools, assessment and teaching methods, and

• (h) F24[…]

• (4) F25[…]

• (5) Where an Inspector has carried out an evaluation or an assessment under subsection (3)(a)(i), he or she may make recommendations to the Minister in respect of improvements that he or she considers appropriate.

• (6) The Minister may, if a teacher and the board consent, second that teacher to the Inspectorate for such period as the Minister shall determine, to carry out any or all of the functions conferred on an Inspector.

• (7) An Inspector shall have all such powers as are necessary or expedient for the purpose of performing his or her functions and shall be accorded every reasonable facility and co-operation by the board and the staff of a school or centre for education.

• (8) An Inspector, including the Chief Inspector, shall carry out his or her functions in accordance with such procedures for, and criteria of, inspections as may be determined by the Minister from time to time, following consultation with patrons, school management organisations, recognised trade unions and staff associations representing teachers and such other persons as the Minister considers appropriate, and such directions as may be given by the Minister from time to time.

• (9) A teacher or the board of a school may request the Chief Inspector to review any inspection carried out by an Inspector which affects the teacher or the school and the Chief Inspector shall review the inspection in accordance with such procedures as the Chief Inspector shall determine.

• (10) A person who immediately before the commencement of this Part holds an office as Chief Inspector, Inspector or Inspector of Guidance Service/Psychologist or who is seconded to the Inspectorate shall on the commencement of this Part continue to hold that office or be so seconded as appropriate and this section shall apply to any such person.

• (11) The F26[Public Service Management (Recruitment and Appointments) Act 2004], and the Civil Service Regulation Acts, 1956 to 1996, shall apply to Inspectors.

• (12) The Minister shall appoint Inspectors or second teachers to the Inspectorate, in accordance with this section, with the concurrence of the Minister for Finance.

• F27[(12A) A person who obstructs or interferes with an inspector in the course of exercising a power conferred on the inspector by this section or impedes the exercise by the inspector of such a power commits an offence and is liable—

• (a) on summary conviction to a Class A fine, or

• (b) on conviction on indictment, to a fine not exceeding €100,000.]

• F28[(13) The Chief Inspector, with the consent of the Minister, may delegate the performance of one or more of his or her functions to an Inspector nominated by the Chief Inspector and functions so delegated to such an Inspector shall be performable by him or her accordingly.

• (14) The Minister may appoint an Inspector to perform the functions of the Chief Inspector during any period in which the Chief Inspector is temporarily unable to perform his or her functions, whether because of absence, ill-health or for any other reason, and, for the duration of that period, the functions of the Chief Inspector shall be performable by the Inspector so appointed accordingly.]

PART IV Boards of Management

14. Establishment and membership of boards of management.

14.—(1) It shall be the duty of a patron, for the purposes of ensuring that a recognised school is managed in a spirit of partnership, to appoint where practicable a board of management the composition of which is agreed between patrons of schools, national associations of parents, recognised school management organisations, recognised trade unions and staff associations representing teachers and the Minister.

• (2) A board established in accordance with subsection (1) shall fulfil in respect of the school the functions assigned to that school by this Act, and, except in the case of a school established or maintained by F29[an education and training board], each board shall be a body corporate with perpetual succession and power to sue and may be sued in its corporate name.

• (3) Pending the establishment of a board as provided for by subsection (1) the persons who have responsibilities under the structures and systems in place in a school for the management of that school at the commencement of this Part, including boards of governors, shall, as appropriate, discharge the functions of a board under this Act.

• (4) The members of a board shall, except where articles of management otherwise provide, be appointed by the patron of the school.

• (5) When making appointments to a board established in accordance with subsection (1) the patron shall comply with directions given by the Minister in respect of an appropriate gender balance and the Minister, before giving any such directions, shall consult with patrons, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers.

• (6) The Minister, with the agreement of the patron, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, shall prescribe matters relating to the appointment of a board.

• (7) Except as provided by this Act, no action shall lie against a member of a board in respect of anything done by that member in good faith and in pursuance of this Act or any regulations made by the Minister under this Act.

• (8) Where a patron determines that the appointment of a board in accordance with subsection (1) is not practicable, the patron shall inform the parents of students, the teachers and other staff of the school and the Minister of that fact and the reasons therefor at the time of such determination and, thereafter, if a board is not so appointed, the patron shall, from time to time or as requested by the Minister, inform the parents, teachers and other staff and the Minister of the reasons therefor.

15. Functions of a board.

15.—(1) It shall be the duty of a board to manage the school on behalf of the patron and for the benefit of the students and their parents and to provide or cause to be provided an appropriate education for each student at the school for which that board has responsibility.

• (2) A board shall perform the functions conferred on it and on a school by this Act and in carrying out its functions the board shall—

• (a) do so in accordance with the policies determined by the Minister from time to time,

• (b) uphold, and be accountable to the patron for so upholding, the characteristic spirit of the school as determined by the cultural, educational, moral, religious, social, linguistic and spiritual values and traditions which inform and are characteristic of the objectives and conduct of the school, and at all times act in accordance with any Act of the Oireachtas or instrument made thereunder, deed, charter, articles of management or other such instrument relating to the establishment or operation of the school,

• (c) consult with and keep the patron informed of decisions and proposals of the board,

• (d) F30[Subject to this Act, publish the admission policy of the school], and ensure that as regards that policy principles of F31[inclusion,] equality and the right of parents to send their children to a school of the parents’ choice are respected and such directions as may be made from time to time by the Minister, having regard to the characteristic spirit of the school and the constitutional rights of all persons concerned, are complied with,

• F32[(da) cooperate with the National Council for Special Education in the performance by the Council of its functions under the Education for Persons with Special Educational Needs Act 2004 relating to the provision of education to children with special educational needs, including, in particular, by the provision and operation of a special class or classes when requested to do so by the Council,

• (db) ensure that the admission policy of the school accommodates the admission of children with a disability or other special educational needs,

• (dc) comply with any direction served on the board under section 37A and any direction served on the board under section 67(4B),]

• (e) have regard to the principles and requirements of a democratic society and have respect and promote respect for the diversity of values, beliefs, traditions, languages and ways of life in society,

• (f) have regard to the efficient use of resources (and, in particular, the efficient use of grants provided under section 12), the public interest in the affairs of the school and accountability to students, their parents, the patron, staff and the community served by the school, and

• (g) use the resources provided to the school from monies provided by the Oireachtas to make reasonable provision and accommodation for students with a disability or other special educational needs, including, where necessary, alteration of buildings and provision of appropriate equipment.

• (3) For the avoidance of doubt, nothing in this Act shall confer or be deemed to confer on the board any right over or interest in the land and buildings of the school for which that board is responsible.

16. Dissolution by a patron.

16.—(1) Subject to this section and to the consent of the Minister, the patron may—

• (a) for good and valid reasons stated in writing to a member of a board of management remove that member from that office, or

• (b) if satisfied that the functions of a board are not being effectively discharged, dissolve that board.

• (2) Where a patron proposes to remove a member of a board from that office or to dissolve a board, the patron shall inform that member or board by notice in writing of his or her intention and the reasons therefor.

• (3) If, at the end of a period of one month after the date of the notice provided for in subsection (2), the patron, having considered any representations made to him or her by or on behalf of the member or the board, remains of the view that the member should be removed from office or that the board should be dissolved then the patron may, subject to the approval of the Minister, by notice in writing and stating the opinion of the patron and the reasons therefor, remove the member from office or dissolve the board as appropriate.

• (4) A copy of every notice issued under this section and any representations made to the patron shall be delivered to the Minister as soon as may be after it has been made.

• (5) Whenever the patron dissolves a board, the patron may, subject to the approval of the Minister, appoint any person or body of persons as the patron thinks fit to perform the functions of the board.

• (6) Where a patron removes a member of a board the resulting vacancy shall be filled in accordance with regulations made under section 14 (6).

• (7) The patron shall provide, in accordance with section 14, for the re-establishment of a board dissolved under subsection (1) not later than six months following the dissolution or such longer period as the patron, with the consent of the Minister, considers appropriate and when the new board has been established the functions of the dissolved board shall be re-vested in the new board and shall cease to be functions of the person or body of persons, if any, appointed under subsection (5).

17. Dissolution by patron at request of Minister.

17.—(1) Where—

• (a) the Minister is satisfied that the functions of a board are not being effectively discharged, or

• (b) a board willfully neglects to comply with any order, direction or regulation of the Minister given or made under this Act, or

• (c) a board fails to comply with any judgment or order of any court of competent jurisdiction,

the Minister may, by notice in writing, require the patron to dissolve the board for reasons stated in such notice and the patron shall dissolve the board accordingly as soon as may be after the date of such notice.

• (2) Before the Minister serves a notice as provided for in subsection (1), he or she shall inform the board and the patron of his or her intention to do so and shall consider any representations made to him or her by or on behalf of the board or the patron within one month of informing the board and the patron.

• (3) Whenever the patron dissolves a board under this section, subsections (5) and (7) of section 16 shall apply.

18. Keeping of accounts and records.

18.—(1) Except in the case of a school established or maintained by F33[an education and training board], a board shall keep all proper and usual accounts and records of all monies received by it or expenditure of such monies incurred by it and shall ensure that in each year all such accounts are properly audited or certified in accordance with best accounting practice.

• (2) Accounts kept in pursuance of this section shall be made available by the school concerned for inspection by the Minister and by parents of students in the school, in so far as those accounts relate to monies provided in accordance with section 12.

19. Report on operation of board.

19.—(1) Where the Minister or the patron is of the opinion that the functions of a board are not being effectively discharged, the Minister or the patron, as the case may be, shall inform the board of that opinion and the reasons therefor.

• (2) Having considered any representations by the board, the Minister or the patron, as the case may be, may authorise any person or persons as the Minister or the patron may deem appropriate to report to the Minister or the patron or both the Minister and the patron on any matter arising from or relating to the operation of that board.

• (3) Any person appointed to prepare a report under this section shall be entitled at all reasonable times to enter any premises occupied by the school concerned and shall be afforded every facility and co-operation by the board, the teachers and other staff of the school, including access to all records, to perform his or her functions.

• (4) A Principal or board shall supply the patron and the Minister with such information regarding the performance of the board's functions as the patron or the Minister, as the case may be, may from time to time require.

• (5) Where either the Minister or a patron proposes to exercise functions under this section then—

• (a) the Minister shall inform the patron, or

• (b) the patron shall inform the Minister,

as appropriate, of the proposed course of action.

20. Report and information.

20.—A board shall establish procedures for informing the parents of students in the school of matters relating to the operation and performance of the school and such procedures may include the publication and circulation to parents, teachers and other staff and a student council where one has been established of a report on the operation and performance of the school in any school year, with particular reference to the achievement of objectives as set out in the school plan provided for under section 21.

21. The school plan.

21.—(1) A board shall, as soon as may be after its appointment, make arrangements for the preparation of a plan (in this section referred to as the “school plan”) and shall ensure that the plan is regularly reviewed and updated.

• (2) The school plan shall state the objectives of the school relating to equality of access to and participation in the school and the measures which the school proposes to take to achieve those objectives including equality of access to and participation in the school by students with disabilities or who have other special educational needs.

• (3) The school plan shall be prepared in accordance with such directions, including directions relating to consultation with the parents, the patron, staff and students of the school, as may be given from time to time by the Minister in relation to school plans.

• (4) A board shall make arrangements for the circulation of copies of the school plan to the patron, parents, teachers and other staff of the school.

PART V The Principal and Teachers

22. Functions of Principal and teachers.

22.—(1) The Principal of a recognised school and the teachers in a recognised school, under the direction of the Principal, shall have responsibility, in accordance with this Act, for the instruction provided to students in the school and shall contribute, generally, to the education and personal development of students in that school.

• (2) Without prejudice to subsection (1), the Principal and teachers shall—

• (a) encourage and foster learning in students,

• (b) regularly evaluate students and periodically report the results of the evaluation to the students and their parents,

• (c) collectively promote co-operation between the school and the community which it serves, and

• (d) subject to the terms of any applicable collective agreement and their contract of employment, carry out those duties that—

• (i) in the case of teachers, are assigned to them by or at the direction of the Principal, and

• (ii) in the case of the Principal, are assigned to him or her by the board.

23. F34[ The Principal.

23.—(1) In addition to the functions conferred on a Principal by section 22, the Principal of a recognised school shall—

• F35[(a) be responsible for the day to day management of the school, including guidance and direction of the teachers and other staff of the school and the implementation of the admission policy of the school, and be accountable to the board of the school for that management,]

• (b) provide leadership to the teachers and other staff and the students of the school,

• (c) be responsible, together with the board, parents of students and the teachers, for the creation in the school of an environment which is supportive of learning among the students and which promotes the professional development of the teachers,

• (d) under the direction of the board, and in consultation with the teachers, the parents and, to the extent appropriate to their age and experience, the students, set objectives for the school and monitor the achievement of those objectives, and

• (e) encourage the involvement of parents of students in the school in the education of those students and in the achievement of the objectives of the school.

• (2) For the purpose of carrying out his or her functions under this Act, a Principal of a recognised school shall have all such powers as are necessary or expedient in that regard, and shall carry out his or her functions in accordance with—

• (a) such policies as may be determined from time to time by the board of the school, and

• F35[(b) regulations made under this Act.]

• (3) The Principal of a recognised school shall be entitled to be a member of any and every committee appointed by the board of the school.

• (4) Wherever practicable, the Principal of a recognised school shall, in exercising his or her functions under this section, consult with teachers and other staff of the school.

• (5) Where the employer of the Principal, teachers and other staff of a recognised school is a person other than the board of the school concerned, a reference in this section to a board shall be construed and have effect as if the said person were substituted for the said reference wherever it occurs. ]

24. F36[Provisions relating to staff.

24.—(1) Subject to this section, the board of a recognised school—

• (a) shall, if not already appointed, appoint a person to be Principal of the school, and

• (b) may appoint such and so many persons as teachers and other staff of the school as the board from time to time considers necessary for the performance of its powers and functions under this Act.

• (2) The numbers and qualifications of the teachers and other staff of a recognised school, who are, or who are to be, remunerated out of monies provided by the Oireachtas, shall be determined from time to time by the Minister, with the concurrence of the Minister for Public Expenditure and Reform.

• (3) The terms and conditions of employment of the teachers and other staff of a recognised school, appointed by the board and who are, or who are to be, remunerated out of monies provided by the Oireachtas, shall be determined from time to time by the Minister, with the concurrence of the Minister for Public Expenditure and Reform.

• (4) The Principal, a teacher or other member of staff of a recognised school appointed prior to, and holding office immediately before, the commencement of this section, continues in office after such commencement as if appointed under this section.

• (5)
• (a) Notwithstanding subsections (3) and (11), a teacher or other member of staff of a recognised school who is, or who is to be, remunerated out of monies provided by the Oireachtas may be redeployed to another recognised school in accordance with redeployment procedures determined from time to time by the Minister with the concurrence of the Minister for Public Expenditure and Reform following consultation with bodies representative of patrons, recognised school management organisations and with recognised trade unions and staff associations representing teachers or other staff as appropriate.

• (b) A teacher or other member of staff redeployed in accordance with paragraph (a) shall, in accordance with the redeployment procedures determined under that paragraph, become an employee of—

• (i) the board of, or

• (ii) the F37[education and training board] which maintains,

the recognised school to which he or she is redeployed.

• (6) Where all or part of the remuneration or superannuation, or both, of the Principal, a teacher or another member of staff of a recognised school is paid or is to be paid out of monies provided by the Oireachtas, such remuneration and superannuation shall be determined from time to time by the Minister, with the concurrence of the Minister for Public Expenditure and Reform.

• (7) For the purposes of section 30 of the Act of 2001—

• (a) the Teaching Council shall provide the Minister and each F37[education and training board] with information which is held by it in respect of each person who is or was a registered teacher, and

• (b) on and after commencement of that section, the Teaching Council shall, at the request of the Minister or F37[an education and training board, provide the Minister or education and training board], as appropriate, with the registration details of any person—

• (i) who is or becomes registered under section 31 of the Act of 2001 or under regulations made pursuant to that section,

• F38[(ia) whose registration is renewed under section 33 (amended by section 14 of the Teaching Council (Amendment) Act 2015) of the Act of 2001,]

• (ii) whose conditional registration lapses in accordance with section 32 of the Act of 2001,

• (iii) who is removed from the register in accordance with F39[sections 32, 34, 35 or 45 (amended by the Teaching Council (Amendment) Act 2015)] of the F39[Act of 2001,]

• (iv) whose registration is corrected in accordance with section 36 of the F40[Act of 2001, or]]

• F41[(v) who stands removed or suspended from the register under Part 5 of the Act of 2001.]

• F42[(8) Notwithstanding section 30 of the Act of 2001, the Minister, where he or she is satisfied that it is necessary to facilitate the urgent, temporary or occasional staffing needs of recognised schools, may from time to time prescribe both—

• (a) the circumstances in which a person, who is not a registered teacher for a reason other than that he or she is suspended or removed from the register under Part 5 of the Act of 2001, may be employed in the place of a registered teacher in a recognised school and be remunerated, in respect of such employment, out of monies provided by the Oireachtas, and

• (b) the conditions attaching to the employment of such a person where he or she is, or is to be, remunerated out of monies provided by the Oireachtas.

• (9) Notwithstanding section 30 of the Act of 2001, the Minister shall consider the following in satisfying himself or herself for the purposes of subsection (8):

• (a) the desirability of ensuring that persons employed in teaching positions in a recognised school are registered teachers;

• (b) the need to facilitate the urgent, temporary or occasional staffing needs of schools;

• (c) the desirability of minimising disruption to the education of students; and

• (d) the qualifications and relevant experience of a person referred to in paragraphs (a) and (b) of subsection (8).

• (10) Without prejudice to the generality of subsection (8), regulations made under that subsection may provide for one or more than one of the following:

• (a) a requirement that a person referred to in paragraphs (a) and (b) of subsection (8) be employed in the place of a registered teacher in a recognised school in a position remunerated, or to be remunerated, out of monies provided by the Oireachtas if, and only if, no registered teacher is available to take up the position in question;

• (b) a limit on the length for which such a person may be so employed in place of a registered teacher;

• (c) a requirement that such a person has certain minimum qualifications before he or she can be so employed;

• (d) a requirement that the Minister consent to the employment of such a person;

• (e) a limit on the subjects or purposes, or both, for which such a person may be so employed;

• (f) a requirement that a school retain and furnish to the Minister evidence that it has been unable to employ a registered teacher in the place of a registered teacher in a recognised school; and

• (g) a requirement that such a person is subject to An Garda Síochána vetting and clearance in accordance with standard practice for registered teachers.]

• F43[(11) The board of a recognised school may, in accordance with procedures determined from time to time by the Minister following consultation with bodies representative of patrons, recognised school management organisations and with recognised trade unions and staff associations representing teachers or other staff as appropriate, appoint, suspend or dismiss any or all of the Principal, teachers and other staff of a school, who are remunerated or who are to be remunerated out of monies provided by the Oireachtas.

• (12) Where the employer of the Principal, teachers and other staff of a recognised school is a person other than the board of the school concerned, a reference in this section to a board shall be construed and have effect as if the said person were substituted for the said reference wherever it occurs.

• (13) F44[…]

• (14) In this section—

• (a) "Act of 2001" means the Teaching Council Act 2001;

"register" means the Register of Teachers established under section 29 of the Teaching Council Act 2001 and "registration" and "registered" shall be construed accordingly;

and

• (b) a reference to a person being, or to be, paid or remunerated out of monies provided by the Oireachtas includes a person being partly so paid or remunerated.]

PART VI Miscellaneous

25. School year, week, day.

25.—The Minister may, from time to time, following consultation with patrons, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, prescribe—

• (a) the minimum number of days in a school year during which a school shall be open to receive students and provide them with instruction,

• (b) the minimum number of hours of instruction in a school day or in a school week, and

• (c) any matters related to the length of the school year, the school week or the school day and the organisation and structure of such year, week or day.

26. Parents’ association.

26.—(1) The parents of students of a recognised school may establish, and maintain from among their number, a parents’ association for that school and membership of that association shall be open to all parents of students of that school.

• (2) A parents’ association shall promote the interests of the students in a school in co-operation with the board, Principal, teachers and students of a school and for that purpose may—

• (a) advise the Principal or the board on any matter relating to the school and the principal or board, as the case may be, shall have regard to any such advice, and

• (b) adopt a programme of activities which will promote the involvement of parents, in consultation with the Principal, in the operation of the school.

• (3) The board shall promote contact between the school, parents of students in that school and the community and shall facilitate and give all reasonable assistance to parents who wish to establish a parents’ association and to a parents’ association when it is established.

• (4)
• (a) A parents’ association shall, following consultation with its members, make rules governing its meetings and the business and conduct of its affairs.

• (b) Where a parents’ association is affiliated to a national association of parents, the rules referred to in paragraph (a) shall be in accordance with guidelines issued by that national association of parents with the concurrence of the Minister.

27. Information to students and student council.

27.—(1) A board shall establish and maintain procedures for the purposes of informing students in a school of the activities of the school.

• (2) The procedures established and maintained under subsection (1) shall facilitate the involvement of the students in the operation of the school, having regard to the age and experience of the students, in association with their parents and teachers.

• (3) Students of a post-primary school may establish a student council and, without prejudice to the generality of subsection (1), a board of a post-primary school shall encourage the establishment by students of a student council and shall facilitate and give all reasonable assistance to—

• (a) students who wish to establish a student council, and

• (b) student councils when they have been established.

• (4) A student council shall promote the interests of the school and the involvement of students in the affairs of the school, in co-operation with the board, parents and teachers.

• (5) The rules for the establishment of a student council shall be drawn up by the board, in accordance with such guidelines as may be issued by the Minister from time to time, and such rules may provide for the election of members and the dissolution of a student council.

• (6) A student council, following consultation with the board, may make rules governing its meetings and the business and conduct of its affairs.

28. Grievance and other procedures.

28.—(1) The Minister, following consultation with patrons of recognised schools, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, may from time to time prescribe procedures in accordance with which—

• (a) the parent of a student or, in the case of a student who has reached the age of 18 years, the student, may appeal to the board against a decision of a teacher or other member of staff of a school,

• (b) grievances of students, or their parents, relating to the students’ school (other than those which may be dealt with under paragraph (a) F45[…], shall be heard, and

• (c) appropriate remedial action shall, where necessary, be taken as a consequence of an appeal or in response to a grievance.

• (2) In prescribing procedures for the purposes of this section the Minister shall have regard to the desirability of determining appeals and resolving grievances in the school concerned.

29. F46[Appeals

29.—(1) Where a board or a person acting on behalf of the board—

• (a) permanently excludes a student from a school, or

• (b) suspends a student from attendance at a school for a period or periods totalling not less than 20 school days in a school year, or

• (c) refuses to admit a student to a school, where the decision to refuse admission is due to—

• (i) the school being oversubscribed, or

• (ii) a reason other than the school being oversubscribed,

the parent of the student, or in the case of a student who has reached the age of 18 years, the student (each of whom is, in this section and sections 29A to 29F, referred to as an applicant), may, within such period as may be determined in procedures under section 29B, and following the conclusion of any review under section 29C or any appeal procedures provided by the school in accordance with this Act, appeal a decision in accordance with this section and sections 29A to 29F.

• (2) In this section and sections 29A to 29F—

"Act of 2018" means the Education (Admission to Schools) Act 2018;

"annual admission notice" has the same meaning as it has in Part X (inserted by section 9 of the Act of 2018);

"applicant" has the meaning assigned to it by subsection (1);

"board" includes a committee established under section 44(1) or 44(7) of the Education and Training Boards Act 2013;

"oversubscribed" has the same meaning as it has in Part X (inserted by section 9 of the Act of 2018);

"school" has the same meaning as it has in Part X (inserted by section 9 of the Act of 2018);

"school year" has the same meaning as it has in Part X (inserted by section 9 of the Act of 2018);

"special class" has the same meaning as it has in Part X (inserted by section 9 of the Act of 2018);

"special educational needs" has the same meaning as it has in the Education for Persons with Special Educational Needs Act 2004;

"student" includes a person in relation to whom an application for admission to a school has been made and that person or his or her parents may appeal against a decision to refuse to admit him or her in the same manner as a student or his or her parents may appeal a decision under this section.]

29A. F47[Establishment of appeals panels and appeals committees

29A.—(1) The Minister shall, from time to time, establish one or more panels of suitable persons (in this section referred to as an "appeals panel") to consider appeals under section 29.

• (2) A member of an appeals panel—

• (a) shall be appointed to the panel for such period as the Minister may determine,

• (b) shall be paid such fees and expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, may from time to time determine,

• (c) may at any time be removed from the panel by the Minister for stated reasons, and

• (d) shall be independent and impartial in carrying out his or her functions.

• (3) Where the Minister receives a notice of appeal under section 29, he or she shall establish a committee of 3 members of an appeals panel to consider the appeal concerned (in this section and sections 29B to 29F referred to as an "appeals committee").

• (4) The Minister shall nominate one member of an appeals committee to be the chairperson of the committee for the purposes of the appeal concerned and, in the case of an equal division of votes, the chairperson shall have a second or casting vote.