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CEIST Catholic Education and Irish Schools Trust

CEIST Catholic Education and Irish Schools Trust

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Page 1: CEIST Catholic Education and Irish Schools Trust

CEIST

Catholic Education and

Irish Schools Trust

Page 2: CEIST Catholic Education and Irish Schools Trust

CEIST

• A Major Development

• Dynamic

• Innovative

• Brave

Page 3: CEIST Catholic Education and Irish Schools Trust

LEGAL ISSUES IN SCHOOLS

• Admissions / Enrolment Policies

• Codes of Behaviour

• Dignity in the Workplace Policies

• Internet Use / Access

• Intercultural Issues

Page 4: CEIST Catholic Education and Irish Schools Trust

CHARTER (draft)

• Vision, Mission Statement

• What is Catholic Education?

• Re-defining identity

• Four important characteristics

Page 5: CEIST Catholic Education and Irish Schools Trust

ADMISSIONS / ENROLMENT POLICIES

• Underpinned by legislative requirements

• Open to challenge – Section 29 Appeals

• Future guidance from Charter/Mission Statement

Page 6: CEIST Catholic Education and Irish Schools Trust

SECTION 6 EDUCATION ACT 1998

a To give practical effect to the constitutional rights of children, including children who have a disability or who have other special educational needs, as they relate to education.

b To provide that, as far as is practicable and having regard to resources available, there is made available to people resident in the State a level and quality of education appropriate to meeting the needs and abilities of those people.

Page 7: CEIST Catholic Education and Irish Schools Trust

(e) To promote the right of parents to send their children to a school of their choice.

Page 8: CEIST Catholic Education and Irish Schools Trust

(l) To enhance the accountability of the education system.

(m) To enhance transparency in the making of decisions in the education system both locally and nationally.

Page 9: CEIST Catholic Education and Irish Schools Trust

SECTION 9 FUNCTIONS OF A SCHOOL

(a)Ensure educational needs of students, including those with disability or special educational needs, are identified and provided for.

Page 10: CEIST Catholic Education and Irish Schools Trust

“DISABILITY” means:

• Total or partial loss of bodily or mental function, including loss of part of body.

 

• Organisms in body causing or likely to cause chronic disease or illness.

 

• Malfunction, malformation or disfigurement of a body part.

Page 11: CEIST Catholic Education and Irish Schools Trust

• A condition/malfunction resulting in person learning differently from person without condition/ malfunction.

• Condition/illness disease affecting thought process, perception of reality, emotions or judgement resulting in disturbed behaviour.

Page 12: CEIST Catholic Education and Irish Schools Trust

Special Educational Needs means the educational needs of students who have a disability and the educational needs of exceptionally able students

Page 13: CEIST Catholic Education and Irish Schools Trust

STATUTORY FUNCTIONS OF A BOARD

• Carry out functions in accordance with Minister’s Policies

• Uphold characteristic spirit

• Consult with and inform Patron

Page 14: CEIST Catholic Education and Irish Schools Trust

• Publish an admissions policy, a code of behaviour, a policy for students with disabilities/special educational needs

• Ensure that principles of equality and parental choice are respected in policies

• Respect democratic principles and diversity of values, beliefs etc.

Page 15: CEIST Catholic Education and Irish Schools Trust

EDUCATION WELFARE ACT 2000

SECTION 19 STATES:

The Board of Management of a recognised school shall not refuse to admit a child except where such refusal is in accordance with the policy of the recognised school concerned published under Section 15(2)(d) of the Education Act 1998.

Page 16: CEIST Catholic Education and Irish Schools Trust

ENROLMENT DISPUTES

• Does the school have an enrolment policy?

• Is the school over-subscribed

• Is the policy reasonable?

• Has the policy been followed rigidly?

• Section 29 Appeals

Page 17: CEIST Catholic Education and Irish Schools Trust

Section 23 requires a Board of Management after consultation with relevant parties, to prepare a Code of Behaviour for the school. Such a code shall specify:

 

a.The types of student behaviour which may require disciplinary measures;

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b. The nature of the disciplinary measures;

c. The procedures to be followed before a suspension or expulsion; and

d. The grounds for removing a suspension.

Page 19: CEIST Catholic Education and Irish Schools Trust

SECTION 23(4)

• Provide parents with Code of Behaviour

Page 20: CEIST Catholic Education and Irish Schools Trust

ISSUES ARISING

• Drugs Incidents

• Angry / Violent Outbursts

• Repeated Disruption

• Dress Code

• School Tours

Page 21: CEIST Catholic Education and Irish Schools Trust

SUSPENSION / EXPULSION POLICY

• Legal Requirement only for serious sanctions

• Fair Procedures and Natural Justice • Case to Answer • Hearing • Correspondence Trail • Precedent Letters

Page 22: CEIST Catholic Education and Irish Schools Trust

SECTION 29 • Provides for appeals against Board

decisions to Secretary General / DES.

• Procedures– Parties assisted to reach agreement– Hearing with minimum formality – Time Limits

 • Section 29 Under Review – 42 days

Page 23: CEIST Catholic Education and Irish Schools Trust

SECTION 29 APPEALS FOR 2005

Primary Post Primary

No. of S. 29 appeals 75 195

Withdrawn 11 26

Resolved locally 10 40

Resolved at facilitation 17 17

Upheld at hearing 20 39

Not upheld 17 73

Page 24: CEIST Catholic Education and Irish Schools Trust

EDUCATION (MISCELLANEOUS PROVISIONS) BILL

• Aims

– Improve process of Section 29– Rebalance rights– Promote positive student behaviour– Maintain positive learning environment

Page 25: CEIST Catholic Education and Irish Schools Trust

FACTORS TO BE CONSIDERED BY S. 29 APPEALS COMMITTEE

• Behaviour (nature, scale and extent)

• Reasonableness of school’s efforts to assist students

• Educational interests of individual student

• Educational interests of other students in school

• Maintenance of school environment supportive of learning

Page 26: CEIST Catholic Education and Irish Schools Trust

• Ensuring continuity of instruction in classroom

• Safety, health and welfare of teachers and other staff

• Safety, health and welfare of students• School admission policy, code of

behaviour and other policies • Duties of schools / BOM and issued

guidelines

Page 27: CEIST Catholic Education and Irish Schools Trust

DECISIONS SUBJECT TO APPEAL

• Permanent exclusion i.e. expulsion

• Suspension for 20 days

 

• Refusal to enrol

• Other decisions (to be determined)

Page 28: CEIST Catholic Education and Irish Schools Trust

• Expulsions – Some Cases • Parents’ right to representation?• Complainants and investigator absent

for decision making • Expulsion as last resort • Relevant considerations re expulsion• Appeal to Patron?• Assist with finding alternative school

Page 29: CEIST Catholic Education and Irish Schools Trust

• Age and health of pupil• Previous record• Unique circumstances and domestic

situation• Possible contribution of parental or peer

pressure• Severity and frequency of misbehaviour• Likelihood of recurrence

Page 30: CEIST Catholic Education and Irish Schools Trust

• Impact of behaviour on pupil and other pupils

• Was behaviour inside or outside school?

• Was behaviour in breach of school policy?

• Did pupil act on his own or part of group?

• Has support been sought from other agencies?

Page 31: CEIST Catholic Education and Irish Schools Trust

EQUAL STATUS ACT 2000

• What is discrimination?

• Discriminatory Grounds

• Does it refer to schools?

Page 32: CEIST Catholic Education and Irish Schools Trust

DISCRIMINATION GROUNDS

• Gender • Marital Status• Family Status• Sexual Orientation• Religion• Age• Disability• Race• Traveller Community

Page 33: CEIST Catholic Education and Irish Schools Trust

BULLYING IN THE WORKPLACE

• Basic Principles

– Adopt a Policy – “Bullying” or “Dignity”– Encourage the Staff to “Own” Policy– If Complaint received, never do nothing– Beware of abuse of policy

Page 34: CEIST Catholic Education and Irish Schools Trust

HSA CODE OF PRACTICE

• Prevention of Workplace Bullying

• www.hsa.ie

• Definition of Workplace Bullying

• Taking precautionary measures

• Guidance on preparation of anti-bullying policy

Page 35: CEIST Catholic Education and Irish Schools Trust

BASIC PROVISIONS

• General Statement of Policy• Definition of Bullying • Examples• Informal Procedure• Formal Procedure• Sanctions• Review• HSA Code of Practice on Prevention of

Workplace Bullying

Page 36: CEIST Catholic Education and Irish Schools Trust

TENSIONS

• Bullying v Isolated Incident

• Bullying v Strong Management

• Bullying and “Egg Shell” Personality

• Bullying and Sick Leave

• Bullying and Grievance Procedure

Page 37: CEIST Catholic Education and Irish Schools Trust

INTERCULTURAL ISSUES

• “A Changed Ireland”

• Rate of Change

Page 38: CEIST Catholic Education and Irish Schools Trust

TYPE OF ISSUES ARISING

• Student Dress Code

• Enrolment – Denominational Priority

• Religious Instruction – Student and Parents’ Objections

• Religious Instruction – Minority Demand

Page 39: CEIST Catholic Education and Irish Schools Trust

GENERAL PRINCIPLES

• The Irish Constitution

• Education Act 1998

• Equal Status Act 2000

• School Policies

Page 40: CEIST Catholic Education and Irish Schools Trust

Article 42.1

“The State acknowledges that the primary and natural educator of the child is the family…”

THE IRISH CONSTITUTION

Page 41: CEIST Catholic Education and Irish Schools Trust

ARTICLE 42.3.1

“The State shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the State, or to any particular type of school designated by the State”.

Page 42: CEIST Catholic Education and Irish Schools Trust

ARTICLE 44.2.4

“Legislation providing State aid for schools shall not … affect prejudicially the right of any child to attend a school receiving public money without attending religious instruction at that school”

Page 43: CEIST Catholic Education and Irish Schools Trust

CONCLUSION

• No student can be required to receive religious instruction against the wishes of the student’s parents.

• “Passive Smoking” and Supervision Issues

• Opening of Floodgates?

• Possible Practical Solutions

Page 44: CEIST Catholic Education and Irish Schools Trust

ENROLMENT – DENOMINATIONAL PRIORITY

• Concept of Denomination Priority

• Equal Status Act 2000 – Section 7(3)(c)

Page 45: CEIST Catholic Education and Irish Schools Trust

Equal Status Act 2000 – Section 7(3)(c)

• “An educational establishment does not discriminate … where the establishment is a school providing primary or post primary education to students and the objective of the school is to provide education in an environment which promotes certain religious values, it admits persons of a particular religious denomination in preference to others or it refuses to admit as a student a person who is not of that denomination and, in the case of a refusal, it is proved that the refusal is essential to maintain the ethos of the school”.

Page 46: CEIST Catholic Education and Irish Schools Trust

CONCLUSION

If you are a denominational school, and are over-subscribed, you are entitled (not obliged) to give a preference to applicants of the same denomination.

Page 47: CEIST Catholic Education and Irish Schools Trust

RELIGIOUS INSTRUCTION – MINORITY DEMAND

• Ed. Act S. 9(d)

– “A recognised school shall … promote the moral, spiritual, social and personal development of students … having regard to the characteristic spirit of the school”

Page 48: CEIST Catholic Education and Irish Schools Trust

ED. ACT S. 15(2)(b)

“A Board … shall uphold, and be accountable to the Patron for so upholding, the characteristic spirit of the school”.

Page 49: CEIST Catholic Education and Irish Schools Trust

ED. ACT S. 30(2)

• (b) “… the Minister shall have regard to the character spirit of the school …”

• (d) “… the Minister shall ensure that the amount of instruction time to be allotted to subjects on the curriculum … shall be such as to allow for such reasonable instruction time as the Board with the consent of the Patron determines, for subjects relating to or arising from the characteristic spirit of the school.

Page 50: CEIST Catholic Education and Irish Schools Trust

CONCLUSION

In a denominational school, a student/parents of a different denomination cannot insist that religious instruction in that different denomination be provided.

Page 51: CEIST Catholic Education and Irish Schools Trust

FINAL CONCLUSION

• No Religious Instruction if parents object

• Prudent to reach local accommodation

• Denominational Schools can prefer on religious grounds

• No obligation to provide religious instruction other than consistent with ethos