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Proposed Legislation.

Dáil Éireann Debate, Thursday - 22 March 2007

Thursday, 22 March 2007

Ceisteanna (72)

Liam Twomey

Ceist:

60 Dr. Twomey asked the Minister for Education and Science when changes in education legislation relating to discipline will be enacted; and if she will make a statement on the matter. [10773/07]

Amharc ar fhreagra

Freagraí scríofa

The Report of the Task Force on Student Behaviour in Second Level Schools recommended that section 29 of the Education Act 1998 should be amended to stress the rights of the compliant majority to learn whilst at the same time protecting the rights of a persistently disruptive student to an education.

The Education (Miscellaneous Provisions) Bill 2007 will amend section 29 of the Education Act following the recommendations of the Task Force on Student Behaviour in Second Level Schools. Section 29 allows for an appeal to be made to the Secretary General of the Department of Education and Science against a decision of a board of management or person acting on behalf of a board to (i) permanently exclude a pupil, (ii) suspend a pupil for a period to be prescribed for this purpose or (iii) refuse to enrol a child.

The Bill will regulate the factors which an appeals committee must consider in appeals relating to expulsions and suspensions. The factors are:

the nature scale and persistence of any behaviour alleged to have given rise to the decision of the Board,

the educational interests of the student taking the appeal;

the educational interests of other students in the school and the maintenance of a classroom and school environment which is supportive of learning and ensures continuity of instruction provided to students,

the reasonableness of efforts made by the school;

the safety, health and welfare of the teachers, students and staff of the school;

the school's code of behaviour and other policies and extent to which it complies with any issued guidelines;

statutory duties of schools, guidelines for school attendance and any other relevant matters.

The Education (Miscellaneous Provisions) Bill has completed all stages in the Dáil and is currently before the Seanad for consideration. It is hoped that the Bill would, subject to the democratic processes, be passed by both Houses of the Oireachtas in the near future.

Question No. 61 answered with QuestionNo. 17.
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