Richard Bruton
Question:273 Mr. R. Bruton asked the Minister for Education and Science the position of schools who suspend pupils without finding an appropriate alternative placement; and the way in which this is operating in practice. [12705/98]
Written Answers. - Suspension of Students.
The position of schools as regards suspension of students is ultimately a matter for interpretation by the courts. It is my view, however, that school authorities do have the right to suspend students but that students also have rights, in particular a right to fair procedures. In practice the suspension of students should be carried out with due regard to the rights of all concerned. In the case of suspension of students from primary school, the State also has duties as imposed by the Constitution — notably the duty to require that, in view of actual conditions, students receive a certain minimum education.
In the case of primary schools the suspension of students must be in accordance with the terms of the Rules for National Schools which provide that the maximum initial period of exclusion from school shall be three school days. A special decision of the board of management is necessary to authorise a further period of exclusion up to a maximum of ten schooldays to allow for consulation with the student's parents. In exceptional circumstances, the rules provide that the board of management may authorise a further period of exclusion in order to enable the matter to be reviewed. The rules also provide that no student shall be struck off the rolls for breaches of discipline without the prior consent of the patron and unless alternative arrangements are made for the enrolment of the student at another suitable school.
In second level schools, matters relating to school discipline and suspension of students are primarily the responsibility of individual schools and my Department has issued guidelines to assist schools in discharging their responsibilities in this difficult area. The guidelines lay considerable stress on the use of suspensions and expulsions only as a last resort and after the rules of natural justice have been applied. Where students are suspended from school parents have a right of appeal to the school authorities. If they remain dissatisfied, parents may bring enrolment difficulties to my attention and I, as Minister, will arrange to have appropriate inquiries made with a view to having the pupil concerned re-enter school as soon as possible. This may involve the inspectorate entering into consultation with the schools in a locality.
My Department's psychological service is also available to advise schools in relation to students with behavioural difficulties and the appropriate education provision in each case.
In general I consider that the procedures relating to suspensions work well in the interests of the students concerned and their fellow students. There are inevitably some difficulties, in particular some parents may feel that their rights and those of their children are not given sufficient attention. The Education Bill, which is currently on Committee Stage in this House, aims to create more transparency in decisions by schools by providing that they must publish their policy on admission to and participation in the school. The Bill also aims to give a statutory basis and entitlement to existing grievance and appeals procedures. It also strengthens those procedures, notably with a new procedure for appeals against suspension and expulsion to a national appeals body.