Dept of Education Circulars

pog it

It seems the Dept Education dispatches circulars to schools and boards of management with directions on everything from changes to pay to how to handle appts or who is to teach what in terms of special needs education, for example.

Are the directions in these circulars enforceable by law if a school were to be breaching these directions?

the world wonders

The Education Act 1998 gives the Minister wide-ranging powers to issue instructions to "recognized schools" (i.e. any school where the teachers are paid by the State, regardless of whether it's owned by a religious order or a VEC).

In particular:

Education Act, 1998 section 24 wrote:

(6) Where all or part of the remuneration and superannuation of teachers and other staff of a school is paid or is to be paid from monies provided by the Oireachtas, such remuneration or superannuation shall be determined from time to time by the Minister, with the concurrence of the Minister for Finance.

Education Act, 1998 section 33 wrote:

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) admission of students to schools;

(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 ),

(iii) health boards (within the meaning of the Health Act, 1970 ), 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.

The consequences for disobeying ministerial directives are dissolution of the board of management (section 17 of the Act) or ultimately withdrawal of recognition from the school (section 11), meaning that the State will no longer pay teacher salaries.

killbillvol2

the world wonders wrote: »

The Education Act 1998 gives the Minister wide-ranging powers to issue instructions to "recognized schools" (i.e. any school where the teachers are paid by the State, regardless of whether it's owned by a religious order or a VEC).

In particular:
The consequences for disobeying ministerial directives are dissolution of the board of management (section 17 of the Act) or ultimately withdrawal of recognition from the school (section 11), meaning that the State will no longer pay teacher salaries.

Not all circulars contain directives. Most don't, in fact. A lot of them are general housekeeping and some contain recommendations.

GusherING

Prior to the Education Act 1998, which gave our education system a statutory footing for the first time ever, circulars were the main form of control the DES had on schools.

The main threat against a school that did not implement a circular was that the DES would not pay the teachers in that school.

So while circulars now have a much stronger legal basis than before, the Education Act 1998 really only put the status quo into statute.

pog it

Amazing, thanks.

Does anyone know what legal standing this particular circular has?

http://www.education.ie/en/Circulars-and-Forms/Active-Circulars/pc07_03.pdf

Are these containing directives, or do they contain recommendations only?

Were a principal, for example, to be the only teacher breaching something that is stated within this circular, would it be the case that only they would be punishable, and not the entire school? That is, if what is in this circular is enforceable?


Update: It seems that circular 07/2012 over rides the 07/03 one.