Education act, 1998

• Act Number: 51
• Enactment Date: 23 December 1998

Number 51 of 1998
EDUCATION ACT, 1998
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section 1. Short title and commencement. 2. Interpretation. 3. Expenses. 4. Service of notices. 5. Laying of regulations and orders. 6. Objects of Act. 7. Functions of Minister.
PART II
Schools
8. Patron of school. 9. Functions of a school. 10. Recognition of schools. 11. Withdrawal of recognition. 12. Annual funding.
PART III
The Inspectorate
13. The Inspectorate.
PART IV
Boards of Management
14. Establishment and membership of boards of management. 15. Functions of a board. 16. Dissolution by a patron. 17. Dissolution by patron at request of Minister. 18. Keeping of accounts and records. 19. Report on operation of board. 20. Report and information. 21. The school plan.
PART V
The Principal and Teachers
22. Functions of Principal and teachers. 23. The Principal. 24. Provisions relating to staff.
PART VI
Miscellaneous
25. School year, week, day. 26. Parents’ association. 27. Information to students and student council. 28. Grievance and other procedures. 29. Appeals to Secretary General. 30. Curriculum. 31. Teaching through Irish. 32. Educational disadvantage. 33. Regulations. 34. Financial year. 35. Amendment of Intermediate Education (Ireland) Act, 1878. 36. Amendment of Vocational Education Act, 1930. 37. Education support centres.
PART VII
National Council for Curriculum and Assessment
38. Establishment day. 39. Establishment of National Council for Curriculum and Assessment. 40. Composition and appointment. 41. Objects and functions. 42. Consultation with designated bodies. 43. Chief executive officer. 44. Staff. 45. Grants. 46. Accounts and information. 47. Committees. 48. Annual Report.
PART VIII
Examinations
49. Interpretation. 50. Examinations. 51. Regulations. 52. Offences. 53. Refusal of access to certain information.
PART IX
Bodies Corporate
54. Establishment of bodies to provide services related to education. 55. Membership and staff. 56. Functions. 57. Administration. 58. Grants. 59. Revocation of establishment order.
SCHEDULE 1
The Council
SCHEDULE 2
Examinations
Acts Referred to Adoption Acts, 1952 to 1998 Children Acts, 1908 to 1989 Child Care Act, 1991 1991, No. 17 Civil Service Commissioners Act, 1956 1956, No. 45 Civil Service Regulation Acts, 1956 to 1996 European Parliament Elections Act, 1997 1997, No. 2 Guardianship of Children Acts, 1964 to 1997 Health Act, 1970 1970, No. 1 Health Acts, 1947 to 1996 Intermediate Education (Ireland) Act, 1878 1878, 41 & 42 Vic., c. 66 Intermediate Education (Ireland) Acts, 1878 to 1924 Local Government Act, 1941 1941, No. 23 Ministers and Secretaries (Amendment) Act, 1956 1956, No. 21 Public Service Management Act, 1997 1997, No. 27 Trade Union Acts, 1871 to 1990 Vocational Education Act, 1930 1930, No. 29
Number 51 of 1998
EDUCATION ACT, 1998
AN ACT TO MAKE PROVISION IN THE INTERESTS OF THE COMMON GOOD FOR THE EDUCATION OF EVERY PERSON IN THE STATE, INCLUDING ANY PERSON WITH A DISABILITY OR WHO HAS OTHER SPECIAL EDUCATIONAL NEEDS, AND TO PROVIDE GENERALLY FOR PRIMARY, POST-PRIMARY, ADULT AND CONTINUING EDUCATION AND VOCATIONAL EDUCATION AND TRAINING; TO ENSURE THAT THE EDUCATION SYSTEM IS ACCOUNTABLE TO STUDENTS, THEIR PARENTS AND THE STATE FOR THE EDUCATION PROVIDED, RESPECTS THE DIVERSITY OF VALUES, BELIEFS, LANGUAGES AND TRADITIONS IN IRISH SOCIETY AND IS CONDUCTED IN A SPIRIT OF PARTNERSHIP BETWEEN SCHOOLS, PATRONS, STUDENTS, PARENTS, TEACHERS AND OTHER SCHOOL STAFF, THE COMMUNITY SERVED BY THE SCHOOL AND THE STATE; TO PROVIDE FOR THE RECOGNITION AND FUNDING OF SCHOOLS AND THEIR MANAGEMENT THROUGH BOARDS OF MANAGEMENT; TO PROVIDE FOR AN INSPECTORATE OF SCHOOLS; TO PROVIDE FOR THE ROLE AND RESPONSIBILITIES OF PRINCIPALS AND TEACHERS; TO ESTABLISH THE NATIONAL COUNCIL FOR CURRICULUM AND ASSESSMENT AND TO MAKE PROVISION FOR IT, AND TO PROVIDE FOR RELATED MATTERS. [23rd December, 1998]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I Preliminary and General
	Short title and commencement.	1.—(1) This Act may be cited as the Education Act, 1998.
	(2) Subject to subsection (3), this Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed either generally or with reference to any particular purpose, function, provision or class of school, and different days may be so fixed for different purposes, functions or provisions of this Act or different classes of schools.
	(3) This Act shall come into operation in respect of any purpose, function, provision or class of school, with reference to which the Minister has not made an order under subsection (2), two years from the date of its passing.
	(4) As soon as practicable after the end of the first and second years following the date of passing of this Act, the Minister shall prepare a report on the implementation of the Act and shall cause copies of the report to be laid before each House of the Oireachtas.
	(5) The Intermediate Education (Ireland) Acts, 1878 to 1924 and this Act may be cited together as the Education Acts, 1878 to 1998, and shall be construed together as one.
	Interpretation.	2.—(1) In this Act, except where the context otherwise requires—
	“articles of management” means any instruments, relating to the operation and management of schools, as are in operation on the commencement of this Act and as shall be agreed from time to time by patrons of schools, national associations of parents and recognised trade unions and staff associations representing teachers;
	“board” means a board of management established under section 14 ;
	“centre for education” means a place, other than a school or a place providing university or other third level education, where adult or continuing education or vocational education or training, is provided and which is designated for that purpose under section 10 (4);
	“characteristic spirit” means the characteristic spirit referred to in section 15 (2) (b);
	“Council” means the body established under section 39 ;
	“curriculum” shall be construed in accordance with section 30 ;
	“disability” means—
	(a) the total or partial loss of a person's bodily or mental functions, including the loss of a part of the person's body, or
	(b) the presence in the body of organisms causing, or likely to cause, chronic disease or illness, or
	(c) the malfunction, malformation or disfigurement of a part of a person's body, or
	(d) a condition or malfunction which results in a person learning differently from a person without the condition or malfunction, or
	(e) a condition, illness or disease which affects a person's thought processes, perception of reality, emotions or judgement or which results in disturbed behaviour;
	“educational disadvantage” has the meaning assigned by section 32 (9);
	“examination” has the meaning assigned to it by section 49 ;
	“functions” includes powers and duties;
	“Gaeltacht area” means an area for the time being determined to be a Gaeltacht area by order made under section 2 of the Ministers and Secretaries (Amendment) Act, 1956 ;
	“Inspector” means a member of the Inspectorate;
	“Inspectorate” means the Inspectorate appointed under section 13 ;
	“Minister” means the Minister for Education and Science;
	“national association of parents” means an association or other body of persons established by parents with objects which include representing the views and interests of parents with regard to education and assisting parents in exercising their rights and role in the process of the education of their children, that is—
	(a) established and organised on a national basis and has a membership distributed over a substantial part of the State, and
	(b) for the time being recognised by the Minister for the purposes of this Act, including the National Parents Council - Primary and the National Parents Council (Post-Primary) Limited, being bodies for the time being so recognised;
	“National Council for Curriculum and Assessment” means the body established in accordance with section 39 ;
	“parent” includes a foster parent, a guardian appointed under the Guardianship of Children Acts, 1964 to 1997, or other person acting in loco parentis who has a child in his or her care subject to any statutory power or order of a court and, in the case of a child who has been adopted under the Adoption Acts, 1952 to 1998, or, where the child has been adopted outside the State, means the adopter or adopters or the surviving adopter;
	“parents' association” means an association to which section 26 applies;
	“patron” has the meaning assigned to it by section 8 ;
	“prescribed” means prescribed by regulations made by the Minister and cognate words shall be construed accordingly;
	“Principal” means a person appointed under section 23 ;
	“recognised school” means a school which is recognised by the Minister in accordance with section 10 ;
	“recognised school management organisations” means those bodies as may be established for the purpose of representing the interests of...