Section 29 of the Education Act

endakenny

The Irish Independent (Friday 9 April 2010) reported that the TUI warned that disruptive students are getting away with bad behaviour because schools are reluctant to expel them. For example, a principal did not suspend a female pupil who was found to have a hidden a knife, which she had used to prod another pupil, in her handbag, because of fear of an appeal by the offender's parents, who complained that her privacy had been invaded when a teacher confiscated a knife from her handbag. An agreed change to Section 29 of the Education Act, to give schools more back-up in the event of an appeal by parents, has still not been put in place. Here are questions that remain unanswered:

1. In the case of the pupil who was in possession of a knife, why did the school not report her to the gardaí?

2. Why has the change to Section 29 not been put in place?

MagicSean

There was a girl in my old school caught dealing drugs and she got off with a week long suspension despite their "zero tolerance" policy.

endakenny

k_mac wrote: »

There was a girl in my old school caught dealing drugs and she got off with a week long suspension despite their "zero tolerance" policy.

This is worthy of comparison to the way in which the Church handled paedophile priests. Is there not an obligation on school authorities to report pupils' illegal activity to the gardaí? Does a pupil who is found in possession of a knife have to stab someone in order to be expelled? Is anyone in a position to answer the questions that I asked at the start of this thread?

Our man in Havana

Many schools operate their own internal justice system which is often at odds with civilised society. The last thing they would want is the Gardaí looking into their affairs.

endakenny

Bond-007 wrote: »

Many schools operate their own internal justice system which is often at odds with civilised society. The last thing they would want is the Gardaí looking into their affairs.

If the pupil who had the knife stabs a pupil or teacher, the principal might be charged with reckless endangerment, an offence that was created by legislation a few years ago. A principal who does not report a pupil who brings a knife into school is as guilty of endangering children as a bishop who protects a paedophile priest. Furthermore, the principal is being disloyal towards the teachers who he or she is in charge of.

Carawaystick

endakenny wrote: »

If the pupil who had the knife stabs a pupil or teacher, the principal might be charged with reckless endangerment, an offence that was created by legislation a few years ago. A principal who does not report a pupil who brings a knife into school is as guilty of endangering children as a bishop who protects a paedophile priest. Furthermore, the principal is being disloyal towards the teachers who he or she is in charge of.

Possession of a knife is hardly the same as paedophillia;
if a woodwork pupil took the blade from a jack pane to assault another student or it a pupil took a red hot pieced of pottery to another pupil would there be the same revulsion as if a pupil raped another pupil??

I saw ags were throwing this reckless endangerment craic about last week regarding head shops and ignoring pubs and newsagents which sell alcohol and nicotine....
Which kills a few more ????

endakenny

endakenny wrote: »

This is worthy of comparison to the way in which the Church handled paedophile priests.

No, it's really REALLY not. Don't be so ridiculous.

Schools are constrained by the constitutional protection for the right to education. Expelling someone is a truly incredibly difficult thing to do in State run schools.

Our man in Havana

Why the reluctance to involve the Gardaí in school incidents?

endakenny

Deleted User wrote: »

No, it's really REALLY not. Don't be so ridiculous.

Schools are constrained by the constitutional protection for the right to education. Expelling someone is a truly incredibly difficult thing to do in State run schools.

My point is that failure to report a pupil who threatens others with a knife puts other pupils as well as teachers in danger. If a judicial review of an appeal body's decision on a suspension or expulsion was taken, I believe that the judge would prioritise the right to life over the right to education because, if you are killed or disabled in a knife attack, the right to education is of no use to you.

endakenny

Carawaystick wrote: »

Possession of a knife is hardly the same as paedophillia;

That is not what I meant. My point is that, by failing to report a pupil who is in possession of a knife to the gardaí, the principal is failing in his/her duty of care towards innocent pupils as well as his/her colleagues. Teachers who have to deal with dangerous pupils are not getting sufficient support from their principals or the government. Is the government holding back on the amendment to Section 29 as retaliation against the teachers unions for not playing ball on the issue of whether parent-teacher meetings are held inside or outside school hours?