CEIST Catholic Education and Irish Schools Trust

CEIST A Major Development Dynamic Innovative Brave

LEGAL ISSUES IN SCHOOLS Admissions / Enrolment Policies Codes of Behaviour Dignity in the Workplace Policies Internet Use / Access Intercultural Issues

CHARTER (draft) Vision, Mission Statement What is Catholic Education? Re-defining identity Four important characteristics

ADMISSIONS / ENROLMENT POLICIES Underpinned by legislative requirements Open to challenge – Section 29 Appeals Future guidance from Charter/Mission Statement

SECTION 6 EDUCATION ACT 1998 aTo 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. bTo provide that, as far as is practicable and having regard to 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.

(e)To promote the right of parents to send their children to a school of their choice.

(l)To enhance the accountability of the education system. (m)To enhance transparency in the making of decisions in the education system both locally and nationally.

SECTION 9 FUNCTIONS OF A SCHOOL (a)Ensure educational needs of students, including those with disability or special educational needs, are identified and provided for.

“DISABILITY” means: Total or partial loss of bodily or mental function, including loss of part of body. Organisms in body causing or likely to cause chronic disease or illness. Malfunction, malformation or disfigurement of a body part.

A condition/malfunction resulting in person learning differently from person without condition/ malfunction. Condition/illness disease affecting thought process, perception of reality, emotions or judgement resulting in disturbed behaviour.

Special Educational Needs means the educational needs of students who have a disability and the educational needs of exceptionally able students

STATUTORY FUNCTIONS OF A BOARD Carry out functions in accordance with Minister’s Policies Uphold characteristic spirit Consult with and inform Patron

Publish an admissions policy, a code of behaviour, a policy for students with disabilities/special educational needs Ensure that principles of equality and parental choice are respected in policies Respect democratic principles and diversity of values, beliefs etc.

EDUCATION WELFARE ACT 2000 SECTION 19 STATES: The Board of Management of a recognised school shall not refuse to admit a child except where such refusal is in accordance with the policy of the recognised school concerned published under Section 15(2)(d) of the Education Act 1998.

ENROLMENT DISPUTES Does the school have an enrolment policy? Is the school over-subscribed Is the policy reasonable? Has the policy been followed rigidly? Section 29 Appeals

Section 23 requires a Board of Management after consultation with relevant parties, to prepare a Code of Behaviour for the school. Such a code shall specify: a.The types of student behaviour which may require disciplinary measures;

b. The nature of the disciplinary measures; c. The procedures to be followed before a suspension or expulsion; and d. The grounds for removing a suspension.

SECTION 23(4) Provide parents with Code of Behaviour

ISSUES ARISING Drugs Incidents Angry / Violent Outbursts Repeated Disruption Dress Code School Tours

SUSPENSION / EXPULSION POLICY Legal Requirement only for serious sanctions Fair Procedures and Natural Justice Case to Answer Hearing Correspondence Trail Precedent Letters

SECTION 29 Provides for appeals against Board decisions to Secretary General / DES. Procedures –Parties assisted to reach agreement –Hearing with minimum formality –Time Limits Section 29 Under Review – 42 days

SECTION 29 APPEALS FOR 2005 PrimaryPost Primary No. of S. 29 appeals75195 Withdrawn1126 Resolved locally1040 Resolved at facilitation17 Upheld at hearing2039 Not upheld1773

EDUCATION (MISCELLANEOUS PROVISIONS) BILL Aims –Improve process of Section 29 –Rebalance rights –Promote positive student behaviour –Maintain positive learning environment

FACTORS TO BE CONSIDERED BY S. 29 APPEALS COMMITTEE Behaviour (nature, scale and extent) Reasonableness of school’s efforts to assist students Educational interests of individual student Educational interests of other students in school Maintenance of school environment supportive of learning

Ensuring continuity of instruction in classroom Safety, health and welfare of teachers and other staff Safety, health and welfare of students School admission policy, code of behaviour and other policies Duties of schools / BOM and issued guidelines

DECISIONS SUBJECT TO APPEAL Permanent exclusion i.e. expulsion Suspension for 20 days Refusal to enrol Other decisions (to be determined)

Expulsions – Some Cases Parents’ right to representation? Complainants and investigator absent for decision making Expulsion as last resort Relevant considerations re expulsion Appeal to Patron? Assist with finding alternative school

Age and health of pupil Previous record Unique circumstances and domestic situation Possible contribution of parental or peer pressure Severity and frequency of misbehaviour Likelihood of recurrence

Impact of behaviour on pupil and other pupils Was behaviour inside or outside school? Was behaviour in breach of school policy? Did pupil act on his own or part of group? Has support been sought from other agencies?

EQUAL STATUS ACT 2000 What is discrimination? Discriminatory Grounds Does it refer to schools?

DISCRIMINATION GROUNDS Gender Marital Status Family Status Sexual Orientation Religion Age Disability Race Traveller Community

BULLYING IN THE WORKPLACE Basic Principles –Adopt a Policy – “Bullying” or “Dignity” –Encourage the Staff to “Own” Policy –If Complaint received, never do nothing –Beware of abuse of policy

HSA CODE OF PRACTICE Prevention of Workplace Bullying Definition of Workplace Bullying Taking precautionary measures Guidance on preparation of anti-bullying policy

BASIC PROVISIONS General Statement of Policy Definition of Bullying Examples Informal Procedure Formal Procedure Sanctions Review HSA Code of Practice on Prevention of Workplace Bullying

TENSIONS Bullying v Isolated Incident Bullying v Strong Management Bullying and “Egg Shell” Personality Bullying and Sick Leave Bullying and Grievance Procedure

INTERCULTURAL ISSUES “A Changed Ireland” Rate of Change

TYPE OF ISSUES ARISING Student Dress Code Enrolment – Denominational Priority Religious Instruction – Student and Parents’ Objections Religious Instruction – Minority Demand

GENERAL PRINCIPLES The Irish Constitution Education Act 1998 Equal Status Act 2000 School Policies

Article 42.1 “The State acknowledges that the primary and natural educator of the child is the family…” THE IRISH CONSTITUTION

ARTICLE “The State shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the State, or to any particular type of school designated by the State”.

ARTICLE “Legislation providing State aid for schools shall not … affect prejudicially the right of any child to attend a school receiving public money without attending religious instruction at that school”

CONCLUSION No student can be required to receive religious instruction against the wishes of the student’s parents. “Passive Smoking” and Supervision Issues Opening of Floodgates? Possible Practical Solutions

ENROLMENT – DENOMINATIONAL PRIORITY Concept of Denomination Priority Equal Status Act 2000 – Section 7(3)(c)

“An educational establishment does not discriminate … where the establishment is a school providing primary or post primary education to students and the objective of the school is to provide education in an environment which promotes certain religious values, it admits persons of a particular religious denomination in preference to others or it refuses to admit as a student a person who is not of that denomination and, in the case of a refusal, it is proved that the refusal is essential to maintain the ethos of the school”.

CONCLUSION If you are a denominational school, and are over-subscribed, you are entitled (not obliged) to give a preference to applicants of the same denomination.

RELIGIOUS INSTRUCTION – MINORITY DEMAND Ed. Act S. 9(d) –“A recognised school shall … promote the moral, spiritual, social and personal development of students … having regard to the characteristic spirit of the school”

ED. ACT S. 15(2)(b) “A Board … shall uphold, and be accountable to the Patron for so upholding, the characteristic spirit of the school”.

ED. ACT S. 30(2) (b) “… the Minister shall have regard to the character spirit of the school …” (d) “… the Minister shall ensure that the amount of instruction time to be allotted to subjects on the curriculum … 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.

CONCLUSION In a denominational school, a student/parents of a different denomination cannot insist that religious instruction in that different denomination be provided.

FINAL CONCLUSION No Religious Instruction if parents object Prudent to reach local accommodation Denominational Schools can prefer on religious grounds No obligation to provide religious instruction other than consistent with ethos