Dáil Éireann debate -
Wednesday, 26 Mar 2003

Vol. 563 No. 5

Written Answers - School Expulsions.

Charlie O'Connor

Question:

179 Mr. O'Connor asked the Minister for Education and Science the policy of his Department in respect of those pupils in second level schools who are under 16 years of age and who are expelled from school; his views on the clear need to deal with this matter; and if he will make a statement on the matter. [8456/03]

Minister for Education and Science (Mr. N. Dempsey)

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 section 15(2)(d) of the Education Act 1998, a board of management of a school, with the agreement of the patron, shall publish and provide the policy of the school concerning expulsion of students, subject to the proviso that this decision may be appealed to the Secretary General of my Department under section 29(1)(a) of the aforementioned Act.

Section 29 of the Education Act 1998 provides for an appeal to the Secretary General of my Department where a board of management of a school or a person acting on behalf of the board refuses to enrol a student, suspends a student for a cumulative total of more than 20 days in an academic year or expels a student from the school. An independent appeals mechanism is in place to deal with section 29 appeals. Under the Act, an appeal must be dealt with within 30 days with a provision for a 14-day extension to this period if required. As a matter of course, home tuition hours are sanctioned as an interim education provision while a section 29 appeal is proceeding. Where an appeal is upheld, the Secretary General may give such directions to the board of management of a school as appear expedient for the purpose of remedying the matter.

In addition, my Department gives assistance in securing placement in individual cases where, for whatever reason including expulsion, a pupil is without a mainstream school place. 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 schools and through the inspectorate to assist his or her placement in another school. In more difficult situations the National Educational Psychological Service is available to assess pupils in order to determine the nature and extent of any special needs with a view to having them addressed in the most appropriate manner.

The Education (Welfare) Act 2000, which came into effect on 5 July 2002, provides for the introduction of a comprehensive school attendance service with responsibility for school attendance being given to a newly established body, the National Educational Welfare Board. An educational welfare officer will be assigned to every school for the purposes of the Act.

The Education (Welfare) Act 2000 requires schools considering the expulsion of a student to notify the educational welfare officer 20 school days prior to the expulsion. 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 school. Under the Education (Welfare) Act 2000, the Education Welfare Board may itself invoke section 29 of the Education Act 1998 to appeal a decision to expel a student.