Brian O'Shea
Ceist:2 Mr. O'Shea asked the Minister for Education and Science the circumstances under which a pupil may be suspended or expelled from a primary or secondary school; and if he will make a statement on the matter. [3590/98]
Ceisteanna—Questions. Priority Questions. - Code of Behaviour for Schools.
The managerial authorities of each school are responsible for ensuring that a fair and efficient code of behaviour, encompassing rules, a graded system of sanctions and procedures, is drawn up and applied in the school. Circumstances will vary from school to school and it is only those intimately involved with a particular school who can draw up a code of behaviour appropriate to its needs.
My Department has issued guidelines to assist schools in discharging their responsibilities in this area. While the guidelines recognise that there is a need for sanctions, including temporary suspension, in order to register disapproval of unacceptable behaviour, they stress both the need for proportionality of response to incidents of misbehaviour and the use of expulsion only as a last resort. In reaching decisions in individual cases, school authorities have to balance carefully the needs of individual students with their responsibility to the general body of their students. In the context of imposing sanctions, schools are advised that they should ensure the rules of natural justice apply and pupils are advised of their right to appeal.
The Report on Discipline, commissioned by my Department and completed by Dr. Maeve Martin of St. Patrick's College, Maynooth, has been made available to every school. The report sets out models of best practice and is a valuable resource for schools. The report also indicates that curriculum change, especially the new programmes at second level such as the transition year, the leaving certificate applied and the leaving certificate vocational programme are impacting positively on students and contribute to a reduction in breaches of discipline. The introduction of the junior certificate school elementary programme will further assist in matching the abilities, aptitudes and interests of each student which will in turn impact positively on the behaviour of students.
I am currently finalising proposals for the establishment of a management support service. This will be a resource for school management and help them in dealing with vital areas such as school planning and discipline. I intend to put this service in place for the new school year in consultation with the partners in education.
The Education Bill which is currently before the House provides for a statutory right of appeal against decisions of boards of management including decisions concerning suspension and expulsion. This right of appeal will greatly strengthen the capacity to balance all rights and obligations in this difficult area.
I thank the Minister for his reply. Extreme cases make bad law but I am sure the Minister will agree there are instances in which particular pupils are removed from a school in the overall interests of the operation of the school. Two issues arise at that stage. Can an alternative place be found for the child or where can the child go? Another issue which has concerned me for some time is the fact that children who are expelled from second level school are not given another place in the education system. How does the Minister intend to address that? I do not doubt there are difficulties in this regard but it is not good enough to remove children from the education system without some other service being provided for them.
I agree it is unacceptable that students are expelled from a school without alternative programmes being put in place for them. The programme for eight to 15 year olds that I have outlined is a positive move in that direction in terms of providing models of intervention which will enable school managements to provide alternative programmes for children who are being disruptive for whatever reason. These programmes will enable students to reintegrate back into the mainstream. That must be a fundamental requirement. When a child is expelled for misbehaviour there are obviously factors behind the misbehaviour exhibited in the classroom. It could be for social reasons, the child might come from a dysfunctional family or the question of substance abuse might arise. Children are disruptive in class for a host of reasons. In the first instance we need proper assessment and identification of the child's difficulties and then proper intervention strategies.
I accept the Deputy's point that to date we have not had the range of intervention programmes that are necessary. Youthreach is one such programme for 15 to 18 year olds which has been successful. I have announced an additional 1,000 Youthreach places in traveller centres this year alone. The programme for eight to 15 year olds will complement that initiative and will develop strategies in consultation with the area partnerships in terms of establishing programmes locally to combat the problem.
On a point of order, I understood that school attendance was a delegated function of the Minister of State, Deputy Fahey. I am surprised the Minister is replying and not the Minister of State.
That is not a point of order.
The question relates to expulsion and suspension, not school attendance. I have overall responsibility ultimately for everything that goes on in the Department.
In relation to the extreme cases we are talking about, will the Minister not agree that in the majority of these cases the main problem is that parents are either not inclined to co-operate with the school authorities or do not make themselves available? Is it not true that in the interests of all children we need to put more responsibility on parents while providing the necessary support so that parents in dysfunctional families can develop the necessary parenting skills to allow the problem to be dealt with where it arises?
Yes. We need to expand the home-school liaison programme which has been successful. It is regrettable that it was not expanded at the appropriate rate. I have visited many schools throughout the country operating home-school liaison programmes and I have met some home-school liaison teachers. Much of their work involves bringing parents into the schools, particularly parents who may be experiencing problems themselves. Participating in parenting programmes and co-operating with the schools in terms of the child's development is a step forward in dealing with this particular problem.
I should point out that, in accordance with the rules, a school cannot expel a child under the age of 15 without the board authorising the decision and without providing an alternative programme for that child. I understand the difficulties but that is the legal position and schools should be conscious of that. They may not expel a child under 15 without having found an alternative programme for that child and without ensuring that the board of management takes the decision.
Will the Minister give the House an undertaking that he will immediately set about quantifying and identifying the number of children in those categories throughout the system, that he will update that information on a regular basis and that his Department will adopt a proactive role towards dealing with this problem and not deal with it by way of gradual extension of the programmes he mentioned?
I will give that undertaking. We need to quantify the number of expulsions and suspensions throughout the system. When I came into office there was no requirement on schools to notify the Department about expulsions. Invariably the Department found out about them from parents who were anxious to relocate their child in a particular school. The post-primary unit in the Department would receive up to 3,000 such requests on an ongoing basis and it proactively tries to find alternative places for the children concerned.
The concludes priority question time, but Priority Questions Nos. 4 and 5 can be taken in ordinary time.