I wish to advise the Deputy that the Board of Management of each school is responsible for the care and safety of all of the pupils in their school.
Schools may seek advice from their local National Educational Psychological Services (NEPS) psychologist, from their National Council for Special Education (NCSE) Special Educational Needs Organiser, or from the National Behavioural Support Services, as to how children with behavioural needs can best be supported in school.
Training is also available for schools in relation to the provision of support for children with special educational needs from the Special Education Support Services (SESS), who can, as part of their designated training modules, provide guidance for schools in relation to containment or management measures for difficult behaviour.
There are a number of published guidelines available to schools: The Department recently published new Guidelines for Schools on Supporting Students with Behavioural, Emotional, and Social difficulties, which are available on the Department's website www.education.ie.
- The Child and Family Agency has also developed guidelines for schools on Codes of Behaviour. In developing a Code of Behaviour schools must specify the standards of behaviour that shall be observed by each student attending the school. All parents must be made aware of behaviour management strategies employed by a school.
- The National Educational Psychological Services document Behavioural Emotional and Social Difficulties- a Continuum of Support: Guidelines for Teachers also provides advice for teachers. Schools are therefore supported by guidance and training and may also seek additional advice and assistance from NEPS and the NCSE, if required.
Section 29 of the Education Act, 1998 provides for an appeal by a parent or guardian to the Secretary General of my Department, or in the case of an Educational Training Board (ETB) school to the ETB in the first instance, where a Board of Management of a school, or a person acting on behalf of the Board, expels a student or suspends a student for 20 or more days in any school year. My Department has no authority to compel a school to admit a pupil, except in the case of an appeal under section 29 of the Education Act, 1998 being upheld. Application forms for taking a section 29 appeal are available on my Departments website at the following link http://www.education.ie/en/Parents/Services/Appeal-against-Permanent-Exclusion-Suspension-or-Refusal-to-Enrol/Section-29-Appeals-Application-Form.doc.