EDUCATION ACT, 1998

• (5) The Minister may, where he or she considers it necessary to do so—

• (a) prior to an oral hearing in respect of an appeal under section 29(1)(a), (b) or (c)(ii), or

• (b) prior to the examination and determination of an appeal under section 29(1)(c)(i),

replace a member of an appeals committee (including the chairperson) with another member of an appeals panel.

• (6) The Minister may furnish such support of an administrative nature to an appeals committee as the Minister considers necessary to enable the appeals committee to perform its functions.

• (7) An appeals committee shall act in accordance with procedures determined under section 29B.]

29B. F48[Procedures in relation to appeals

29B.—(1) The Minister may, from time to time, having regard to the principles of inclusion, equality of access to and participation in education, efficiency, effectiveness, clarity and fairness for applicants and schools and following consultation with bodies representative of patrons, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, determine procedures for the purpose of sections 29 to 29F and such procedures may provide for all or any of the following:

• (a) the period within which an appeals committee shall determine an appeal and, in that regard, the Minister may—

• (i) determine different periods during which an appeal under paragraph (a), (b) or (c)(ii) of section 29(1) shall be heard and determined, and an appeal under section 29(1)(c)(i) shall be determined, and

• (ii) determine periods during the year which shall not be included for the purposes of the calculation of a period under subparagraph (i);

• (b) the manner by which an appeals committee shall determine an appeal, including in the case of an appeal under section 29(1)(a), (b) or (c)(ii), procedures regarding the holding of an oral hearing and the examination by the appeals committee of parties to the appeal;

• (c) the form and manner in which the Child and Family Agency and the National Council for Special Education may make submissions at an oral hearing in an appeal under section 29(1)(a), (b) or (c)(ii);

• (d) the form and manner in which an appeal shall be brought, including the period during which an appeal shall be brought;

• (e) in the case of an appeal under section 29(1)(a), (b) or (c)(ii)—

• (i) the fixing and notification of the date, time and location of an oral hearing, and

• (ii) the circumstances in which an adjournment of an oral hearing may be granted;

• (f) that an appeals committee may by notice in writing require an applicant, board, or other relevant person or body to furnish to the committee the information specified in the notice within the period specified in that notice;

• (g) the period during which and manner by which an appeals committee shall notify the Minister of its decision and the reasons for its decision;

• (h) information which shall be submitted to an appeals committee by an applicant when making an appeal under section 29(1)(c)(i) or (ii) which shall include—

• (i) a copy of the application for admission,

• (ii) a copy of the decision to refuse admission,

• (iii) where a request has been made under section 29C, a copy of that request and a copy of any statement received from the board under subsection (5) of that section, and

• (iv) the grounds of the appeal;

• (i) information which shall be submitted by a board to an appeals committee where an appeal has been made under section 29(1)(c)(i) or (ii) which shall include the school’s admission policy and the school’s annual admission notice;

• (j) the form and manner in which a request for a review under section 29C(1) shall be made, including the period during which such request shall be made and the period in which the board shall issue a statement under section 29C(5);

• (k) the manner in which, and period during which, a review under section 29F(5) shall be undertaken;

• (l) such other consequential or ancillary matters as the Minister considers appropriate.

• (2) An appeals committee, an applicant and a board shall comply with procedures determined by the Minister under this section.]

29C. F49[Review by board of decision to refuse admission

29C.—(1) Subject to subsection (2) and prior to making an appeal under section 29(1)(c), an applicant—

• (a) shall, in the case of an appeal under section 29(1)(c)(i), and

• (b) may, in the case of an appeal under section 29(1)(c)(ii),

within such period as may be determined by the Minister, request in writing a review by the board of the decision to refuse admission.

• (2) A request under subsection (1) shall—

• (a) be based on the implementation of the school’s admission policy and the content of its annual admission notice, and

• (b) set out the grounds of the request.

• (3) Where, following a request under subsection (1)—

• (a) the request for a review has not been made within the period determined by the Minister, or

• (b) where the request results from the refusal to admit a student to the school because the school was oversubscribed and—

• (i) the applicant is relying on information that was not made available in the application for admission, or

• (ii) the board considers that the grounds relied upon in the application for review did not have a material effect on the outcome of the application for admission,

the board shall notify the applicant that it is not in a position to review the decision to refuse admission and the reasons therefor.

• (4) Subject to subsection (3), a board shall, following a request under subsection (1), within such period as may be determined by the Minister, review the decision to refuse admission having regard to the grounds set out in the request for review.

• (5) Following a review under subsection (4) the board shall issue the applicant with—

• (a) a statement confirming that there was no failure or error in making the decision to refuse admission, or

• (b) a statement confirming—

• (i) that a failure or error occurred in making the decision to refuse admission, and

• (ii) whether or not such failure or error had a material effect on the outcome of the application.

• (6) Where a board issues a statement under subsection (5)(b) and the failure or error concerned had a material effect on the outcome of the application for admission, the board shall rectify that failure or error—

• (a) where the failure or error related to the admission of a student to a school or special class, by admitting the student to the school or special class concerned, or

• (b) where the failure or error related to a student’s ranking on the waiting list, by adjusting the ranking of the student on the waiting list.]

29D. F50[Appeals under section 29(1)(a), (b) and (c)(ii)

29D.—(1) An appeals committee shall, in accordance with procedures determined by the Minister under section 29B, hold an oral hearing for the purposes of an appeal under section 29(1)(a), (b) or (c)(ii).

• (2) For the purposes of an appeal under section 29(1)(a), (b) or (c)(ii)—

• (a) oral hearings shall be conducted with the minimum of formality consistent with giving all parties a fair hearing, and

• (b) an appeals committee may, where it is of the opinion that reaching agreement on the matters the subject of the appeal is practicable in the circumstances, provide such assistance to the parties to reach agreement as the committee considers appropriate.

• (3) For the purposes of an oral hearing under this section—

• (a) the Child and Family Agency, or

• (b) in the case of a child with special educational needs, the National Council for Special Education,

may make such submissions, if any, to an appeals committee as it or they consider or considers appropriate.

• (4) In hearing and determining an appeal under section 29 against a decision to which subsection (1)(a) or (b) of that section relates, an appeals committee shall have regard to—

• (a) the nature, scale and persistence of any behaviour alleged to have given rise to, or contributed to, the decision made by or on behalf of the board and whether or not such behaviour is confined to specific classes in the school concerned,

• (b) the merit of any explanation offered by the student in relation to his or her behaviour,

• (c) the reasonableness of any efforts made by the school to enable the student to participate in and benefit from education and whether or not all reasonable efforts have been fully exhausted and any response by the student to any efforts made by the school to enable the student to participate in and benefit from education,

• (d) the educational interests of the student concerned and the desirability of enabling him or her to participate in and benefit from education with his or her peers,

• (e) the educational interests of, and the effective provision of education for, other students of the school and the maintenance of a classroom and school environment which is supportive of learning amongst all students in the school and ensures continuity of instruction provided to students,

• (f) any evidence that the behaviour of the student has impacted on the safety, health and welfare of teachers, staff or other students of the school,

• (g) the school’s code of behaviour under section 23 of the Act of 2000 and other relevant policies of the school, and

• (i) in the case of the code of behaviour, whether it complies with section 23 of the Act of 2000 and any guidelines issued under subsection (3) of that section, and

• (ii) in the case of any other relevant policies, the extent to which each of them is implemented and is in compliance with—

• (I) any enactment that imposes duties on schools or their boards,

• (II) any relevant guidelines or policies of the Minister,

• (h) the duties on schools or their boards imposed by or under any enactment,

• (i) any guidelines issued by the Child and Family Agency under section 22(7) of the Act of 2000,

• (j) any submissions made by the National Council for Special Education or the Child and Family Agency, and

• (k) such other matters as the appeals committee considers relevant.

• (5) Nothing in subsection (4) affects the obligation of an appeals committee to allow an appeal under section 29(1)(a) if the parent of the student or the student, as the case may be, shows that subsection (1) or (4) of section 24 of the Act of 2000 has not been complied with in relation to that exclusion.

• (6) Following an oral hearing under this section an appeals committee shall—

• (a) come to its conclusion having examined and considered the evidence and materials made available to it, and

• (b) make a preliminary decision in relation to the appeal.

• (7) An appeals committee shall, by notice in writing, notify the Minister, the applicant, the board and, where the Child and Family Agency or the National Council for Special Education made submissions at the oral hearing, the Agency or the Council of its preliminary decision under subsection (6), the reasons for its preliminary decision and, where it proposes to allow an appeal, its proposed direction to the board.

• (8) An applicant, the board, and where the Child and Family Agency or the National Council for Special Education made submissions at the oral hearing in accordance with procedures under section 29B, the Agency or the Council may, make observations to the appeals committee in relation to its preliminary decision and any proposed direction.

• (9) An appeals committee shall, having considered any observations made under subsection (8), make its final decision.

• (10) Subject to subsection (9), an appeals committee shall, in its final decision—

• (a) allow the appeal, or

• (b) disallow the appeal.

• (11) An appeals committee, in its final decision, shall—

• (a) where it allows an appeal under section 29(1)(a), include a direction to the board to readmit the student and remove the expulsion from the record of the student,

• (b) where it allows an appeal under section 29(1)(b), include a direction to the board to readmit the student and remove the suspension from the record of the student, and

• (c) where it allows an appeal under section 29(1)(c)(ii), include a direction to the board to admit the student.

• (12) An appeals committee shall, by notice in writing, inform the Minister of its final decision and the reasons for its final decision and, where it allows an appeal, shall forward to the Minister a copy of the direction included in its final decision.

• (13) The Minister shall, as soon as practicable after he or she receives a notice under subsection (12), forward to the applicant, the board and, where the Child and Family Agency or the National Council for Special Education made submissions at the oral hearing, the Agency or the Council—

• (a) a copy of the final decision of the appeals committee and the reasons for its decision, and

• (b) where the appeals committee has allowed an appeal, a copy of the direction included in the final decision of the appeals committee.

• (14) A board shall comply with a direction under subsection (11).

• (15) In this section, "Act of 2000" means the Education (Welfare) Act 2000.]

29E. F51[Appeals under section 29(1)(c)(i)

29E.—(1) An appeals committee shall, in accordance with procedures determined by the Minister under section 29B, examine and determine an appeal under section 29(1)(c)(i) without an oral hearing and, when doing so, shall rely on the same evidence and materials as were available to and relied upon when the decision to refuse admission was made.

• (2) Following the determination of an appeal under section 29(1)(c)(i), an appeals committee shall make a decision to—

• (a) allow the appeal, or

• (b) disallow the appeal.

• (3) Where an appeals committee allows an appeal under section 29(1)(c)(i) its decision shall include a direction to the board to—

• (a) admit the student, or

• (b) adjust the ranking of the student on the waiting list.

• (4) An appeals committee shall—

• (a) by notice in writing, inform the Minister of a decision under subsection (2), and the reasons for the decision, and

• (b) where it allows an appeal, forward to the Minister a copy of the direction issued under subsection (3).

• (5) The Minister shall, as soon as practicable after he or she receives a notice under subsection (4) forward to the applicant and the board—

• (a) a copy of the decision of the appeals committee under subsection (2) and the reasons for its decision, and

• (b) where the appeals committee has allowed an appeal, a copy of the direction of the appeals committee under subsection (3).

• (6) A board shall comply with a direction under subsection (3).]

29F. F52[Miscellaneous provisions in relation to appeals under section 29

29F.—(1) An appeals committee shall refuse to hear or determine, or refuse to continue to hear or determine, an appeal under section 29 where—

• (a) it is of the opinion that the appeal is vexatious, frivolous, an abuse of process or without substance or foundation,

• (b) in relation to an appeal under section 29(1)(a), (b) or (c)(ii) it is satisfied, having regard to the grounds of the appeal and any attempts to facilitate agreement between the parties and any subsequent steps taken by the parties that, in the particular circumstances, the appeal should not be considered or further considered,

• (c) an appeal has not been made within the period specified in procedures under section 29B,

• (d) an applicant has failed to provide information requested in accordance with procedures under section 29B,

• (e) in relation to an appeal under section 29(1)(c)(i) or (ii), the grounds for an appeal relate to section 3, 7 or 7A of the Equal Status Act 2000, or

• (f) in relation to an appeal under section 29(1)(c)(i)—

• (i) an appeals committee is of the opinion that the grounds relied upon by the applicant did not have a material effect on the outcome of the application for admission,

• (ii) an appeal is based on information that was not made available in the application for admission, or

• (iii) the applicant did not request a review by the board of the decision to refuse admission.

• (2) An appeals committee shall, by notice in writing, inform the Minister where it decides in accordance with subsection (1) to refuse to hear or determine, or to refuse to continue to hear or determine, an appeal under section 29.

• (3) A notice under subsection (2) shall include the committee’s reasons for refusing to hear or determine, or refusing to continue to hear or determine, the appeal concerned.

• (4) The Minister shall, as soon as practicable after he or she receives a notice under subsection (2), forward the applicant and the board a copy of the decision of the appeals committee and the reasons for its decision.

• (5) An applicant may, after receiving a copy of a decision under subsection (4), request the Minister to review the decision.

• (6) Where the Minister receives a request under subsection (5) he or she shall, as soon as practicable and subject to subsection (7), appoint a member of an appeals panel established under section 29A to review the decision.

• (7) A person appointed under subsection (6) shall not have been a member of the appeals committee that made the decision in relation to the request concerned.

• (8) A person appointed under subsection (6) shall review the decision in accordance with procedures under section 29B and, following the review shall make a recommendation to the Minister—

• (a) that the decision of the appeals committee is upheld, or

• (b) that the decision of the appeals committee is set aside.

• (9) Where the Minister receives a recommendation under subsection (8)(b), he or she shall set aside the decision and direct the appeals committee to proceed to hear or determine, or continue to hear and determine, the appeal concerned.

• (10) Subject to subsection (1), where an issue relating to a decision to refuse a student admission to a school or permanently exclude a student from a school would be capable of being the subject of—

• (a) an appeal under section 29, and

• (b) a designation under section 67 (inserted by section 9 of the Act of 2018),

then an appeal under section 29 and a designation under section 67 may not, in respect of the same student, be made at the same time.

• (11) Where an appeal under section 29 has been unsuccessful in respect of a student, nothing in subsection (10) shall preclude a designation being made under section 67 in respect of the same student.

• (12) An appeals committee may draw such inferences as it considers appropriate as a result of any failure of a party to an appeal to provide any information required or requested in accordance with procedures under section 29B.]

30. Curriculum.

30.—(1) The Minister may, from time to time, following such consultation with patrons of schools, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, as the Minister considers appropriate, prescribe the curriculum for recognised schools, namely—

• (a) the subjects to be offered in recognised schools,

• (b) the syllabus of each subject,

• (c) the amount of instruction time to be allotted to each subject, and

• (d) the guidance and counselling provision to be offered in schools.

• (2) Without prejudice to the generality of subsection (1), the Minister—

• (a) shall have regard to the desirability of assisting schools to exercise their powers as provided for under subsection (4),

• (b) shall have regard to the characteristic spirit of a school or class of school in exercising his or her functions under this section,

• (c) may give directions to schools, where he or she considers it appropriate, to ensure that the subjects and syllabuses pursued in those schools are appropriate and relevant to the educational and vocational needs of the students in those schools,

• (d) shall ensure that the amount of instruction time to be allotted to subjects on the curriculum as determined by the Minister in each school day shall be such as to allow for such reasonable instruction time, as the board with the consent of the patron determines, for subjects relating to or arising from the characteristic spirit of the school, and

• (e) shall not require any student to attend instruction in any subject which is contrary to the conscience of the parent of the student or in the case of a student who has reached the age of 18 years, the student.

• (3) The Minister may—

• (a) consult with the National Council for Curriculum and Assessment and such other persons or bodies of persons as the Minister considers appropriate on any matter relating to the curriculum for recognised schools, and

• (b) establish, as the Minister considers appropriate, such bodies of persons to conduct research and to advise him or her on matters relating to his or her duties under this section.

• (4) A school may, subject to the requirement that the curriculum as determined by the Minister is taught in that school, provide courses of instruction in such other subjects as the board considers appropriate.

31. Teaching through Irish.

31.—(1) The Minister shall establish a body of persons—

• (a) (i) to plan and co-ordinate the provision of textbooks and aids to learning and teaching through Irish,

• (ii) to advise the Minister on policies relating to the provision and promotion of education through the medium of Irish in recognised schools generally and in schools located in a Gaeltacht area,

• (iii) to provide support services to those schools through the medium of Irish, and

• (iv) to conduct research into any or all matters to which this paragraph applies,

and

• (b) to plan and co-ordinate the provision of textbooks and aids to the learning and teaching of Irish and to conduct research into and to advise the Minister on strategies which have as their objective the enhancement of the effectiveness in the teaching of Irish in recognised schools and centres for education.

• (2) The Minister may by order, made with the consent of the Minister for Finance, delegate any of his or her functions in respect of the matters referred to in subsection (1) to the body established in accordance with that subsection which shall carry out those functions under the direction and control of the Minister.

• (3) The body established in accordance with subsection (1)—

• (a) shall, with the consent of the Minister, establish a committee to assist it in the performance of the functions conferred on it under subsection (1)(b), and

• (b) may, with the consent of the Minister, at any time dissolve a committee appointed under this subsection or remove a member of a committee from such membership.

• (4) The body established in accordance with subsection (1) shall, from time to time, as it considers appropriate, advise the National Council for Curriculum and Assessment on matters relating to—

• (a) the teaching of Irish,

• (b) the provision of education through the medium of Irish, including matters relating to the curriculum for primary and post-primary schools which provide education through the medium of Irish and assessment procedures employed in those schools, and

• (c) the educational needs of people living in a Gaeltacht area,

and the National Council for Curriculum and Assessment shall have regard to any such advice in the exercise by it of its functions.

• (5) The Minister may by order amend or revoke any order made under this section, including an order made under this subsection.

• (6) In each financial year the Minister, with the concurrence of the Minister for Finance, out of monies provided by the Oireachtas, may make to the body appointed in accordance with subsection (1) a grant or grants for the purposes of expenditure by that body in the performance of its functions.

• (7) The Minister may provide such secretarial and administrative support to a body established under this section as the Minister considers necessary.

32. Educational disadvantage.

32.— F53[…]

33. Regulations.

33.—The Minister, following consultation with patrons, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, may make regulations for the purpose of giving effect to this Act and, without prejudice to the generality of the foregoing, the Minister may make regulations relating to all or any of the following matters:

• (a) the recognition of schools and the withdrawal of recognition from schools;

• (b) the making of grants by the Minister to schools and centres for education;

• (c) the appointment and qualifications of persons who are to be employed as teachers in schools or centres for education;

• (d) the inspection of schools;

• (e) the building, maintenance and equipment of schools;

• (f) the length of the school year, school week and school day;

• (g) F54[…]

• (h) access to schools by school attendance officers and other persons;

• (i) access to schools and centres for education by students with disabilities or who have other special educational needs, including matters relating to reasonable accommodation and technical aid and equipment for such students;

• (j) procedures for the promotion of effective liaison and co-operation by schools and centres for education with—

• (i) other schools and centres for education,

• (ii) local authorities (within the meaning of the Local Government Act, 1941),

• F55[(iii) the Health Service Executive F56[and the Child and Family Agency], and]

• (iv) voluntary and other bodies which have a special interest in education, in particular, education of students with special educational needs;

• (k) appeals, and

• (l) the curriculum of schools.

34. Financial year.

34.—In this Act “financial year” means such period of 12 months as may be prescribed by the Minister.

35. Amendment of Intermediate Education (Ireland) Act, 1878.

35.—(1) Section 5 of the Intermediate Education (Ireland) Act, 1878, is hereby amended in subsection (4) by the deletion of “; provided that no examination shall be held in any subject of religious instruction, nor any payment made in respect thereof”.

• (2) Without prejudice to the application of the Intermediate Education (Ireland) Act, 1878, to both male and female students, section 6 of that Act is hereby amended by the repeal of subsection (4).

36. Amendment of Vocational Education Act, 1930.

36.—The Vocational Education Act, 1930, is hereby amended—

• (a) in section 105(1) by the substitution of “a person” for “an officer of the Minister”, and

• (b) in sections 106 and 107 by the substitution of “a person” for “an officer” wherever it occurs.

37. Education support centres.

37.—(1) In this section “education support centre” means a place in which services are provided for schools, teachers, parents, boards and other relevant persons which support them in carrying out their functions in respect of the provision of education which is recognised for that purpose by the Minister in accordance with subsection (2).

• (2) The Minister may recognise a place as an education support centre and where the Minister so recognises a place he or she shall cause the name and address of that centre to be entered in a register maintained by the Minister and available for inspection by members of the public during normal working hours.

• (3) An education support centre shall have a management committee, to manage the business and staff of that centre.

• (4) A committee established in accordance with subsection (3) shall be a body corporate with perpetual succession and with power to sue and may be sued in its corporate name and 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 their functions as such members.

• (5) The Minister may withdraw recognition from an education support centre.

• (6) The Minister may, from time to time, make regulations relating to all or any of the following matters:

• (a) procedures for the appointment of management committees;

• (b) the appointment and remuneration of staff;

• (c) the making of grants to education support centres;

• (d) the provision of information to the Minister on any matter relating to the operation of education support centres;

• (e) access to an education support centre and to the financial and other records of that education support centre by persons appointed by the Minister, and

• (f) such other matters relating to the operation of such centres as the Minister considers appropriate.

37A. F57[Additional provision in respect of children with special educational needs

37A.—(1) Where the Council is of the opinion that there is insufficient capacity in an area in relation to the provision of education for children with special educational needs, it shall prepare and submit a report on the matter to the Minister.

• (2) A report under subsection (1) shall specify—

• (a) the existing provision of education for children with special educational needs in the area concerned, having regard to the generality of provision of education within the area,

• (b) any proposed or existing building projects which may affect capacity to provide education for children with special educational needs in the area concerned,

• (c) any schools in the area concerned which the Council considers could meet additional demand for education for children with special educational needs,

• (d) which (if any) of the schools referred to in paragraph (c) the Council considers should be requested to make additional provision in respect of children with special educational needs, and

• (e) such other matters as the Council considers appropriate.

• (3)
• (a) Where, on receipt of a report submitted under subsection (1), the Minister is of the opinion that a relevant person should make additional provision for children with special educational needs, the Minister shall serve a notice in writing on such relevant person.

• (b) A notice under paragraph (a) shall—

• (i) set out the Minister’s opinion that the relevant person referred to in the notice should make additional provision for children with special educational needs and state the reasons for his or her opinion,

• (ii) include a copy of the report submitted under subsection (1),

• (iii) specify details of the measures to be taken by the relevant person for the purpose of making additional provision for children with special educational needs,

• (iv) specify what, if any, resources the Minister considers appropriate to provide to the school in order to assist the school in making additional provision for education for children with special educational needs,

• (v) set out any proposed property arrangements, including any arrangements in relation to the provision of additional accommodation on the school premises and the funding arrangements the Minister shall provide for that purpose, in order to assist the school in increasing its provision for education for children with special educational needs,

• (vi) where the identity of any other person or body in whom the ownership of the school premises is vested is not known to the Minister, direct that the patron or board, as the case may be, shall provide a copy of the notice to such person as soon as practicable after receipt of the notice and confirm to the Minister in writing that the copy of the notice has been so provided,

• (vii) state that the relevant person on whom the notice is served (or, where paragraph (vi) applies, to whom a copy of the notice is provided) may make representations in writing to the Minister on any matter set out or specified in the notice not later than 14 days from the service of the notice.

• (4) The patron or board, as the case may be, shall comply with a direction under paragraph (b)(vi) of subsection (3) in a notice served under that subsection.

• (5) A relevant person on whom a notice is served (or, where subsection (3)(b)(vi) applies, to whom a copy of a notice is provided) under subsection (3) may, not later than 14 days from the service of the notice, make representations in writing to the Minister on any matter set out or specified in the notice.

• (6) Where the Minister, after consideration of the representations (if any) made under subsection (5) and following consultation with such other persons as the Minister considers appropriate, remains of the opinion that a school should make additional provision for children with special educational needs, the Minister may serve notice in writing on the relevant person of his or her intention to give a direction under subsection (8) and the notice shall include a copy of a draft of the direction.

• (7) A relevant person on whom a notice is served under subsection (6) may, not later than 14 days from the service of the notice make representations in writing to the Minister in relation to the draft direction contained in the notice.

• (8) Where the Minister, after consideration of the representations (if any) made under subsection (7), remains of the opinion that a school should make additional provision for children with special educational needs, the Minister shall serve a direction (in this section referred to as a "Ministerial direction"), including such amendments to the draft direction contained in the notice served under subsection (6) as the Minister considers appropriate having regard to any such further representations, on the relevant person.

• (9) A relevant person on whom a Ministerial direction is served shall comply with the Ministerial direction in accordance with its terms which shall include—

• (a) the measures to be taken by the relevant person in relation to making additional provision for children with special educational needs, including admission to the school of such children,

• (b) the period during which such measures shall be taken, and

• (c) any other matter relevant to the making of additional provision for children with special education needs as the Minister considers appropriate.

• (10) The obligation under subsection (9) to comply with a Ministerial direction shall apply notwithstanding the admission policy of the school concerned.

• (11)
• (a) The following documents shall be published in accordance with paragraph (b):

• (i) any notices served by the Minister under this section;

• (ii) any representations received by the Minister under this section;

• (iii) a draft direction contained in a notice served under subsection (6);

• (iv) a Ministerial direction.

• (b) The Minister shall publish the documents referred to in paragraph (a) on a website maintained by or on behalf of the Minister not later than 7 days from the date on which he or she serves or receives them.

• (12) Any report prepared, or in the course of preparation, by the Council under this section (being that section in the terms as it stood before the commencement of section 6 of the Education (Provision in Respect of Children with Special Educational Needs) Act 2022), whether or not submitted to the Minister before the said commencement, shall be deemed to be a report prepared or in the course of preparation, as the case may be, for the purposes of subsection (1).

• (13) The Minister shall—

• (a) not later than 3 years after the commencement of section 6 of the Education (Provision for Children with Special Educational Needs) Act 2022, commence a review of the operation of this section, in consultation with bodies representative of patrons, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers and such other bodies and organisations as the Minister considers appropriate, and

• (b) not later than 12 months after the end of the period of 3 years referred to in paragraph (a), make a report to each House of the Oireachtas of his or her findings and conclusions resulting from that review.

• (14) In this section—

"Council" means the National Council for Special Education;

"relevant person", in relation to a school, means, as the case requires, the patron, the board of management or any other person or body in whom the ownership of the school premises is vested;

"resources" includes resources made available by the Minister and allocated by the Council.]

PART VII National Council for Curriculum and Assessment

38. Establishment day.

38.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Part.

39. Establishment of National Council for Curriculum and Assessment.

39.—(1) There shall stand established on the establishment day a body to be known as the National Council for Curriculum and Assessment, or in the Irish language An Chomhairle Náisiúnta Curaclaim agus Measúnachta (in this Act referred to as “the Council”) to perform the functions assigned to it by or under this Act.

• (2) The Council shall be a body corporate with perpetual succession and an official seal and shall have power to sue and may be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of other property.

• (3) Schedule 1 shall apply to the Council.

40. Composition and appointment.

40.—(1) The composition of the Council shall be determined by order, made by the Minister following consultation with patrons, national associations of parents, recognised school management organisations, recognised trade unions and staff associations representing teachers and with such other persons or bodies of persons as the Minister considers appropriate.

• (2) In determining the composition of the Council, the Minister shall ensure that, as far as is practicable, the membership of the Council—

• (a) is representative of bodies and persons involved in the education system at early childhood and primary and post-primary levels, in particular national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, and

• (b) includes other persons who—

• (i) have experience or skills, including experience of and skills in business and industry, which in the opinion of the Minister are relevant to the work of the Council and would complement the experience and skills of the persons appointed in accordance with paragraph (a),

• (ii) have a special interest in, or experience of, the education of students with a disability or other special educational needs, or

• (iii) are representative of Irish language organisations,

as the Minister considers appropriate.

• (3) The Minister may, by order, amend or revoke an order made under this section, including an order made under this subsection.

• (4) The members of the Council shall be appointed by the Minister in accordance with regulations drawn up by the Minister following consultation with patrons, national associations of parents, recognised school management organisations, recognised trade unions and staff associations representing teachers and with such other persons or bodies of persons as the Minister considers appropriate.

41. Objects and functions.

41.—(1) The object of the Council shall be to advise the Minister on matters relating to—

• (a) the curriculum for early childhood education, primary and post-primary schools, and

• (b) the assessment procedures employed in schools and examinations on subjects which are part of the curriculum.

• (2) Without prejudice to the generality of subsection (1), it shall be a function of the Council:

• (a) from time to time to review the curriculum, or any part of the curriculum, for schools and the syllabuses taught and to advise the Minister;

• (b) to advise the Minister on appropriate methods for the assessment of the effectiveness of the education provided in schools, with particular regard to mechanisms whereby students who have problems achieving their potential may be identified as early as practicable and assisted;

• (c) to advise the Minister on strategies which will assist students to make a successful transition from primary school to post-primary school;

• (d) from time to time to advise the Minister on the standards of knowledge and skills which students at various age-levels should attain and on the mechanisms for assessing the achievement of such standards, having regard to national and international standards and good practice in relation to such assessment;

• F58[(da) to co-operate with the Qualifications and Quality Assurance Authority of Ireland in respect of the framework of qualifications under the Qualifications and Quality Assurance (Education and Training) Act 2012.]

• (e) from time to time to review the inservice training needs of teachers, including needs arising from the introduction of new curricula, subjects or syllabuses in schools, and to advise the Minister in relation to those needs;

• (f) to advise the Minister on the requirements, as regards curriculum and syllabuses, of students with a disability or other special educational needs;

• (g) to advise the Minister on strategies which have as their objective the enhancement of the effectiveness in the teaching and use of the Irish language in schools;

• (h) to maintain, manage, administer and invest all the money and assets of the Council;

• (i) to promote research and development in education and to conduct or commission such research and development where appropriate to its objects and functions;

• (j) to promote equality of access to education generally and to instruction in any particular subjects between male and female students;

• (k) to accept gifts of money, land or other property upon such trusts and conditions, if any, as may be specified by the donors, provided that nothing in any trust or condition is contrary to this Act, and

• (l) to do all such acts and things as may be necessary to further the objects of the Council, including such functions in relation to review and reform of the curriculum in schools and the assessment of the outcomes of the education provided in schools as the Minister shall from time to time direct.

• (3) In carrying out its functions the Council shall—

• (a) have regard to the implications of its advice for the resources, including financial resources, available and shall quantify, as far as practicable, the resources necessary to give effect to any of its proposals,

• (b) have regard to the desirability of achieving equality of access to, participation in and benefit from education,

• (c) act in accordance with such directions as may from time to time be given to the Council by the Minister, including directions as to the priority to be accorded to the exercise by it of its different functions, and

• (d) have regard to the practicalities of implementation of any advice which it proposes to give to the Minister.

42. Consultation with designated bodies.

42.—(1) The Minister may, for the purposes of this section, by order designate persons who, or organisations which, have a special interest in the exercise by the Council of its functions and the persons or organisations so designated are hereinafter referred to as “designated bodies”.

• (2) The Council shall, from time to time as it considers appropriate, consult with designated bodies and shall consult with such bodies when requested to do so by the Minister.

• (3) A designated body may at any time, as it considers appropriate, make representations to the Council on any matter relating to the functions of the Council and the Council shall consider such representations and shall inform the designated body of the outcome of that consideration.

• (4) The Council shall give to each designated body a copy of each publication issued by it as soon as may be after it has been issued.

43. Chief executive officer.

43.—(1) The Minister shall, from time to time, appoint to the Council in a whole-time capacity a chief executive officer who shall carry on, manage and generally control the administration of the Council and shall manage and control the staff of the Council.

• (2) The person who, immediately before the day on which the chief executive officer is appointed under subsection (1), holds the office of chief executive officer of the body of persons known as National Council for Curriculum and Assessment, being an unincorporated and non-statutory body of persons appointed by the Minister shall, if he or she so consents, be appointed as the first chief executive officer of the Council.

• (3) The chief executive officer shall be employed by the Minister in accordance with such terms and conditions, which may include secondment from another office or employment, and receive such remuneration as the Minister, with the consent of the Minister for Finance, from time to time determines.

44. Staff.

44.—(1) The Minister, with the consent of the Minister for Finance, may appoint such and so many persons to assist the Council in the performance of its functions as the Minister considers appropriate.

• (2) The persons appointed in accordance with subsection (1) shall be employed in accordance with such terms and conditions, which may include secondment from another office or employment, and receive such remuneration as the Minister, with the consent of the Minister for Finance, from time to time determines.

• (3) The Minister may provide such administrative and secretarial support to the Council as he or she considers necessary.

• (4) The F59[Public Service Management (Recruitment and Appointments) Act 2004], and the Civil Service Regulation Acts, 1956 to 1996, shall apply to full-time, permanent employees of the Council.

45. Grants.

45.—In each financial year the Minister, with the concurrence of the Minister for Finance, out of monies provided by the Oireachtas, may make to the Council a grant or grants for the purposes of expenditure by the Council in the performance of its functions.

46. Accounts and information.

46.—(1) The Council shall keep, in such form as may be approved of by the Minister, with the concurrence of the Minister for Finance, all proper and usual accounts and records of all monies received or expenditure incurred by it and, in particular, shall keep in such form as aforesaid such special accounts and records as the Minister may, with the concurrence of the Minister for Finance, from time to time direct.

• (2) Accounts kept in pursuance of this section shall be submitted annually by the Council to the Comptroller and Auditor General for audit on a date not later than the thirtieth day of April in the year following the year to which the accounts relate, or on such other date as the Minister may from time to time determine, and, immediately after the audit, a copy of the accounts and of such other accounts, if any, as the Minister has directed to be kept, together with a copy of the report of the Comptroller and Auditor General on the accounts shall be presented by the Council to the Minister.

• (3) The Minister shall cause copies of the accounts presented to him or her under this section by the Council, together with copies of the report of the Comptroller and Auditor General thereon, to be laid before each House of the Oireachtas.

• (4) The Council shall provide the Minister with such information regarding the performance of its functions as the Minister may from time to time require.

47. Committees.

47.—The Council may—

• (a) establish committees, consisting either wholly or partly of persons who are members of the Council, to assist it in the performance of its functions,

• (b) delegate to a committee appointed under this section any of its functions that may be better or more conveniently performed by a committee, and

• (c) at any time dissolve a committee appointed under this section or remove a member of a committee from such membership.

48. Annual Report.

48.—As soon as may be after the end of each year, the Council shall prepare and submit to the Minister, in such form as may be determined by the Minister, a report on the performance of the Council in that year.

PART VIII Examinations

49. Interpretation.

49.—In this Part—

“candidate” means a person who, in accordance with procedures determined from time to time by the Minister, is registered to present himself or herself for an examination;

“examiner” means a person who is employed by the Minister for the purpose of—

• (a) the preparation of examination papers or other examination materials,

• (b) the marking of such papers or other such materials, or

• (c) the carrying out of any other functions in respect of the conduct of examinations;

“examination” means an examination relating to post-primary, adult and vocational education and vocational training as may from time to time be conducted in accordance with procedures determined by the Minister or by a body of persons established by the Minister and to which this Part applies in accordance with section 50;

“examination paper” includes any paper, plan, map, drawing, diagram, pictorial or graphic work or other document and any photograph, film or recording (whether of sound or images or both)—

• (a) in which questions are set for answer by candidates as part of an examination or which are related to such questions, or

• (b) in which projects or practical exercises are set which candidates are required to complete as part of an examination or which are related to such projects or exercises.

50. Examinations.

50.—(1) This Part shall apply to the examinations set out in Schedule 2.

• (2) In addition to the examinations set out in Schedule 2, the Minister may from time to time prescribe such other examinations as he or she considers appropriate to which this Part shall apply.

51. Regulations.

51.—(1) The Minister may make regulations as he or she from time to time considers appropriate for the effective conduct of examinations and in particular, without prejudice to the generality of the aforesaid, may make regulations relating to—

• (a) the preparation of an examination paper and other examination materials,

• (b) procedures at places where examinations are conducted, including the supervision of examinations,

• (c) the marking of work presented for examination,

• (d) the issuing of results of examinations,

• (e) the charging and collection of fees for examinations,

• (f) the terms under which candidates may appeal against the results of an examination and the procedure for such appeals,

• (g) the penalties to be imposed on a person who acts in breach of regulations made by the Minister or who otherwise misconducts himself or herself in respect of an examination, and

• (h) the designation of places where examinations may be held.

• (2) The Minister may from time to time appoint a person or a body of persons to advise him or her on any matter relating to the examinations or to supervise or review any part of the conduct of the examinations, including appeals by candidates against the results of examinations.

52. Offences.

52.—(1) A person who—

• (a) knowingly and without lawful authority publishes an examination paper or part of such paper to any other person prior to the holding of the examination concerned,

• (b) has in his or her possession without lawful authority an examination paper or part of such paper prior to the holding of the examination concerned,

• (c) carries out any duties relating to the preparation of examination papers and knowingly and without lawful authority provides a candidate for an examination or any other person with information concerning the material prepared by him or her in the course of those duties with the intention of conferring an advantage upon a candidate over other candidates,

• (d) knowingly and wilfully credits a candidate with higher marks than the marks to which that candidate was entitled with the intention of conferring an advantage on that candidate over other candidates,

• (e) knowingly and maliciously credits a candidate with lower marks than the marks to which that candidate was entitled,

• (f) personates a candidate at an examination or knowingly allows or assists a person to personate a candidate at an examination,

• (g) knowingly and maliciously destroys or damages any material relating to an examination,

• (h) knowingly and maliciously obstructs any candidate or a person engaged in the conduct of an examination or otherwise interferes with the general conduct of an examination,

• (i) knowingly and without lawful authority alters any certificate or any other record, including a record in machine-readable form, containing the results of an examination, or

• (j) knowingly issues or makes use of any certificate or other document which purports to be a document issued by the person or body under whose authority the examination was conducted and to contain the results of an examination knowing that those results are false,

shall be guilty of an offence.

• (2) A person who knowingly aids, abets, counsels or procures another person to commit any offence under subsection (1) or conspires with another person for the commission of any such offence shall be guilty of an offence.

• (3) A person who is guilty of an offence under this section shall be liable—

• (a) on summary conviction, to a fine not exceeding £1,500 or (at the discretion of the court) to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment, or

• (b) on conviction on indictment, to a fine not exceeding £5,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

• (4) No action shall lie against an examiner in respect of anything done by him or her in good faith and in pursuance of his or her functions as an examiner.

53. Refusal of access to certain information.

F60[53.—(1) Notwithstanding any other enactment, the Minister may refuse access to information specified in subsection (4) (in this section referred to as the "specified information").

• (2) The Minister may, following consultation with the Minister for Public Expenditure and Reform, by regulations prescribe a public body for the purposes of this section.

• (3) Notwithstanding any other enactment, where a public body stands prescribed for the time being under subsection (2) that public body shall refuse access to the specified information unless the Minister—

• (a) consents to the public body granting access to that information, or

• (b) directs the public body to grant access to that information.

• (4) The specified information is any information—

• (a) which would enable the compilation of information (that is not otherwise available to the general public) in relation to the comparative performance of—

• (i) recognised schools in respect of the academic achievement of students, or

• (ii) education or training facilities in respect of the academic achievement of learners,

including, without prejudice to the generality of the foregoing—

• (I) the overall results or outcomes in any period of time of students in a recognised school or learners in an education or training facility in an examination or assessment, or

• (II) the comparative overall results or outcomes in any period of time of students in different recognised schools or learners in different education or training facilities in an examination or assessment,

or

• (b) relating to the identity of examiners.

• (5) In this section—

"Act of 2013" means the Education and Training Boards Act 2013;

"education or training facility" has the same meaning as it has in the Act of 2013;

"learner" has the same meaning as it has in the Act of 2013;

"public body" has the same meaning as it has in the Freedom of Information Act 2014.]

PART IX Bodies Corporate

54. Establishment of bodies to provide services related to education.

54.—(1) The Minister, with the concurrence of the Government, may from time to time by order (in this Act referred to as an “establishment order”) establish a body to perform, subject to subsection (2), functions in or in relation to the provision of support services.

• (2) The performance of functions by a body established under subsection (1) shall be subject to the determination of matters of policy by the Minister.

• (3) A body established under subsection (1) shall be known by such title as may be specified in the establishment order.

• (4) A body so established shall be a body corporate with perpetual succession and a seal and with power to sue and be sued in its corporate name and to hold land.

• (5) The Minister may from time to time by order amend an establishment order or an order made under this subsection.

• F61[(6) The principal officer of a body established under subsection (1) shall be accountable to that body.]

• (7) Before making an order under this section the Minister shall consult, as the Minister considers appropriate, with persons directly affected by the proposed order or with trade unions or associations representing such persons.

• (8) Notwithstanding section 5, the Minister shall not make an order under this section unless he or she has first caused to be laid before each House of the Oireachtas a draft of the proposed order and a resolution approving of the draft has been passed by both Houses.

55. Membership and staff.

55.—(1) Every establishment order shall contain such provisions as the Minister considers appropriate in relation to—

• (a) the number of members of the body established by the order, the method, terms and conditions of their appointment and their tenure of office, and

• (b) the number, grades, qualifications, method of appointment (including secondment), conditions of service, tenure of office and the remuneration and superannuation of the persons employed in or by the body so established.

• (2) A person seconded or transferred to a body established under section 54, shall not, while in the service of that body, receive less remuneration or be subject to less beneficial conditions of service than the remuneration to which that person was entitled and the conditions of service to which that person was subject prior to such secondment or transfer.

56. Functions.

56.—An establishment order shall contain such provisions as the Minister considers appropriate defining the functions of the body established by the order and the manner in which and the conditions under which the body so established may perform the functions so defined.

57. Administration.

57.—An establishment order shall contain such provisions relating to the administration generally of the body established by the order as the Minister considers appropriate including provisions relating to—

• (a) the meetings of the body so established and the procedure at such meetings,

• (b) the use and authentication of its seal,

• (c) the regulation of its finances and the keeping and auditing of its accounts, and

• (d) the furnishing to the Minister by such body from time to time of information regarding the performance of its functions, and the furnishing of such information to the Minister at any time at his or her request.

58. Grants.

58.—In each financial year the Minister, with the concurrence of the Minister for Finance, out of monies provided by the Oireachtas, may make to a body appointed under section 54 a grant for the purposes of expenditure by that body in the performance of its functions.

59. Revocation of establishment order.

59.—(1) The Minister may at any time by order revoke an establishment order.

• (2) A revoking order shall contain such provisions as the Minister thinks necessary or expedient consequential on the revocation, and, in particular, may make provision for—

• (a) the dissolution of the body established by the establishment order and the transfer or distribution of the property, rights and liabilities thereof to any of the following—

• (i) the Minister, or

• (ii) any one or more than one other body established by an establishment order,

• (b) the preservation of continuing contracts made by the dissolved body,

• (c) the continuance of pending legal proceedings,

• (d) notwithstanding any restriction in any other Act, the transfer of the holder of any office under the dissolved body to—

• (i) the Department of Education and Science, or

• (ii) any other body established by an establishment order.

F62[Part X Admission to Schools]

60. F63[Definitions

60.—In this Part—

"Act of 2000" means the Equal Status Act 2000;

"admission statement" has the meaning assigned to it by section 61;

"annual admission notice" has the meaning assigned to it by section 63;

"applicant" means the parent of a student or, in the case of a student who has reached the age of 18 years, the student, who has made an application for admission to a school;

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

"independent person" in relation to a school, does not include—

• (a) the patron of the school,

• (b) a member or former member of the board of the school,

• (c) a teacher, former teacher, other member of the staff or former other member of the staff of the school,

• (d) an applicant or a parent of a student in the school, or

• (e) a spouse, civil partner (within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010), child, parent, brother or sister of a person specified in paragraph (a), (b), (c) or (d);

"intake group" means the intake of students for the most junior class or year in a school, which in the case of a school with an early intervention class or an early start pre-school class specified in a list published by the Minister from time to time, does not include such class;

"oversubscribed", in relation to a school, means—

• (a) in respect of the intake group of the school, that the number of students seeking admission to the intake group is greater than the number of places being made available by the school in respect of the intake group concerned,

• (b) in respect of a special class, that the number of students seeking admission to the special class is greater than the number of places being made available by the school in respect of the class concerned, or

• (c) in respect of any other class or year, that the number of students seeking admission to the class or year is greater than the number of places being made available by the school in respect of the class or year concerned;

"school" means a recognised school other than a recognised school that is situated in a hospital or approved centre (within the meaning of the Mental Health Act 2001) which is specified in a list of such schools published by the Minister from time to time;

"school year", in relation to a school, means the period commencing on the day the school reopens for tuition after the school’s summer holidays and ending on the last day in the following year that the school is open for tuition before the commencement of the school’s summer holidays for that year;

"special class" means a class that has, with the approval of the Minister, been established by a school to provide an education exclusively for students with a category or categories of special educational needs specified by the Minister;

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

"student" means a person in relation to whom an application for admission to a school has been made;

"waiting list" shall be construed in accordance with section 62(7)(i).]

61. F64[Admission statement

61.—(1) Subject to subsection (2), the admission policy of a school shall include a statement (in this Part referred to as an "admission statement") that the school shall not discriminate in its admission of a student to the school on—

• (a) the gender ground of the student or the applicant in respect of the student concerned,

• (b) the civil status ground of the student or the applicant in respect of the student concerned,

• (c) the family status ground of the student or the applicant in respect of the student concerned,

• (d) the sexual orientation ground of the student or the applicant in respect of the student concerned,

• (e) the religion ground of the student or the applicant in respect of the student concerned,

• (f) the disability ground of the student or the applicant in respect of the student concerned,

• (g) the ground of race of the student or the applicant in respect of the student concerned,

• (h) the Traveller community ground of the student or the applicant in respect of the student concerned, or

• (i) the ground that the student or the applicant in respect of the student concerned has special educational needs.

• F65[(1A) The admission statement of a school shall include a statement that the school shall 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.

• (1B) The admission statement of a school shall include a statement that the school shall comply with any direction served on the patron or the board, as the case may be, under section 37A and any direction served on the board under section 67(4B).]

• (2) In the case of—

• (a) a school to which section 7(3)(a) of the Act of 2000 applies, that admits students of one gender only, the admission statement of the school shall include a statement that the school does not discriminate in relation to the admission of students where it refuses to admit as a student a person who is not of that gender,

• (b) a school to which section 7(3)(c) (amended by section 11(a)(i) of the Education (Admission to Schools) Act 2018) of the Act of 2000 applies, whose objective is to provide education in an environment which promotes certain religious values, the admission statement of the school shall include a statement that the school does not discriminate in relation to the admission of students where it admits persons of a particular religious denomination in preference to others,

• (c) a school to which section 7(3)(ca) (inserted by section 11(a)(ii) of the Education (Admission to Schools) Act 2018) of the Act of 2000 applies, whose objective is to provide education in an environment which promotes certain religious values, the admission statement of the school shall include a statement that the school does not discriminate in relation to the admission of students where it refuses to admit as a student a person who is not of a particular religious denomination and it is proved that the refusal is essential to maintain the ethos of the school,

• (d) a school to which section 7(3)(cb) (inserted by section 11(a)(ii) of the Education (Admission to Schools) Act 2018) of the Act of 2000 applies, the admission statement of the school shall include a statement that the school does not discriminate in relation to the admission of students where it admits as a student a person in accordance with section 7A (inserted by section 11(b) of the Education (Admission to Schools) Act 2018) of the Act of 2000,

• (e) a school that, with the approval of the Minister, provides an education exclusively for students with a category or categories of special educational needs specified by the Minister, the admission statement of the school shall include a statement that the school may refuse to admit a student who does not have the specified category of special educational needs concerned, and