Vol. 523 No. 5
135 Ms O'Sullivan asked the Minister for Education and Science his policy in respect of school expulsions of pupils; the rights of pupils and their parents in this regard; the rights or otherwise of school authorities to take such action; and if he will make a statement on the matter. [21480/00]
My Department has issued guidelines to boards of management to assist them in discharging their obligations in the area of school discipline. These guidelines were drawn up following consultation with representatives of management, teachers and parents, and are sufficiently flexible to allow each school authority to adapt them to suit the particular needs of the school. These guidelines lay considerable stress on the use of suspensions and expulsions only as a last resort.
Each board of management is responsible for formulating, in consultation with parents, a fair and efficient code of behaviour. This code should ensure that the individuality of each child is accommodated while acknowledging the right of each child to education in a relatively disruption free environment. This code should include provision for dealing with serious breaches of discipline and continuously disruptive pupils.
Under the rules for national schools, no pupil can 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 pupil at another suitable school.
In addition, my Department gives assistance in securing placement in individual cases. Typically this can arise where a pupil has been excluded as a result of disruptive behaviour and where alternative arrangements need to be made. In these circumstances, my Department endeavours through a process of consultation with the schools and through the inspectorate to assist in the re-instatement of the pupil in the school or, alternatively, his-her placement in another school. In more difficult situations, the national educational psychological service is available to assess pupils to determine the nature and extent of any special needs, with a view to having them addressed in the most appropriate manner.
I have brought forward a comprehensive range of legislative measures in the Education (Welfare) Act to address generally issues related to school attendance and discipline in schools. The legislation provides for the establishment of a National Educational Welfare Board with responsibility for monitoring school attendance on a country-wide basis. The board will employ educational welfare officers, who will be deployed locally to assist all recognised primary and second level schools. The Act will require schools to report suspensions that last at least six days to their local educational welfare officer. The automatic involvement of the educational welfare officer in these situations will provide a key means for the early identification and support of children at risk of dropping out of the school system.
In addition, my Department is involved in a consultative process with the partners in education with a view to establishing an appeals mechanism under section 29 of the Education Act, 1998. The establishment of appeals committees under section 29 of the Education Act is a significant step in ensuring an appropriate balancing of rights in the difficult area of suspension and expulsion.
