Educational Research Centre (Establishment) Order 2015

• Jurisdiction: Ireland
• Citation: IR SI 392/2015

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th September, 2015.

I, JAN O’SULLIVAN, Minister for Education and Skills in exercise of the functions conferred on me by section 54 of the Education Act 1998 (No. 51 of 1998), with the concurrence of the Government, and having caused a draft to be laid before each House of the Oireachtas and a resolution approving of the draft having been passed by each such House, hereby order as follows:

1. This Order may be cited as the Educational Research Centre (Establishment) Order 2015.

2. In this Order, unless the context otherwise requires—

(a)“Act” means the Education Act 1998 (No. 51 of 1998);

(b)“Chief Executive” means that person appointed in accordance with Article 32;

(c)“Centre” means the Educational Research Centre established under this Order.

3. In this Order a reference to—

(a) an article is a reference to an Article of this Order unless it is indicated that reference to some other enactment is intended,

(b) a paragraph is a reference to a paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and

(c) a subparagraph is a reference to a subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

4. There shall stand established on the establishment day a body to be known as the Educational Research Centre, which shall perform the functions conferred on it by or under this Order.

5. The 9th day of September 2015 is appointed to be the establishment day for the purposes of Article 4.

6. The seal of the Centre shall be authenticated by the signature of:

(a) the chairperson of the Centre or another member of the Centre authorised by it to act in that behalf, or

(b) the Chief Executive of the Centre authorised by the Centre to act in that behalf.

7. The Centre, acting within the policy set by the Minister for Education and Skills in accordance with Section 54 (2) of the Education Act 1998 , shall:

(a) provide an assessment support service to schools and centres for education that will enable them to fulfil their obligations under Section 9 of the Education Act, 1998 ;

(b) conduct independent research on all aspects of education and at all levels of the education system including educational research that will inform policy making and the improvement of educational standards.

8. To further the objects in Article 7 above, the functions of the Centre shall be to develop and provide materials to schools, and establish and maintain systems for the benefit of schools, that will:

(i) enable them to assess the attainment levels and academic standards of students as required under Section 9 (k) of the Education Act, 1998 ;

(ii) enable them to report systematically on the attainment levels and academic standards of students to parents, students, boards of management, the Minister for Education and Skills and others;

(iii) assist them to identify the special educational needs of individual students.

9. To enable the functions of the Centre as set out in Article 8 above, the activities of the Centre shall include, but not necessarily be limited to:

(a) providing advice to schools and centres for education on the assessment of the attainment levels and academic standards of students;

(b) carrying out national and international assessments of the attainment levels and academic achievement of students and reporting on such assessments to the Minister;

(c) maintaining, storing securely and publishing information on the attainment levels and academic standards of students in schools and centres for education in Ireland;

(d) engaging in the evaluation of educational programmes and activities;

(e) initiating and conducting research consistent with the objects of the Centre, and publishing and disseminating the findings of this research;

(f) building capacity for educational assessment and research in Ireland by making provision for the professional development of staff of the Centre and by providing to others training in, and advice on, areas of its competence;

(g) serving on national and international bodies of relevance to the Centre;

(h) co-operating with other bodies, as appropriate, in research, assessment and evaluation studies and in the dissemination of findings concerning research, assessment and evaluation;

(i) providing consultancy services;

(j) co-operating with other bodies, as appropriate;

(k) doing all such acts and things as may be necessary to further the objects of the Centre.

10. The Centre shall have all such powers as are necessary for, or are incidental to, the performance of its functions under this Order.

11. The Centre shall have 5 members.

12. The members of the Centre shall be appointed by the Government on the nomination of the Minister.

13. The Government, on the nomination of the Minister, shall designate one member of the Centre as chairperson and one member of the Centre as deputy chairperson of the Centre.

14. The Minister shall have regard to the desirability of a gender balance in the membership of the Centre as the Minister considers appropriate and determines, from time to time, when making nominations for the Centre.

15. A person shall not be eligible to be a member of the Centre at a particular time if that person—

(a) is at that time entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(b) is at that time a representative in the European Parliament,

(c) is at that time an undischarged bankrupt,

(d) within the 3 years preceding that time made a composition or arrangement with creditors, or

(e) within the 5 years preceding that time has served a term of imprisonment imposed by a court of competent jurisdiction.

16. Where a member of the Centre—

(a) is nominated as a member of Seanad Éireann,

(b) is elected as a member of either House of the Oireachtas or to be a representative in the European Parliament,

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 (No. 2 of 1997) as having been elected to the European Parliament to fill a vacancy,

(d) is adjudicated bankrupt or makes a composition or arrangement with creditors, or

(e) is sentenced to a term of imprisonment by a court of competent jurisdiction,

that member shall thereupon cease to be a member of the Centre.

17. The quorum for a meeting of the Centre shall be 3.

18. The term of office of a member of the Centre shall be such period not exceeding 5 years as may be specified by the Government when appointing that member and the member shall hold office for the period for which he or she is appointed unless he or she sooner dies, resigns by letter addressed to the Minister or ceases to be a member in accordance with Articles 19, 20, 21, or 22.

19. The Government may, at any time, remove a member of the Centre from office if he or she has committed stated misbehaviour or if his or her removal appears necessary to the Government for the effective performance by the Centre of its functions.

20. The Government may, at any time, for reasons stated in writing to the members of the Centre, remove all such members from office.

21. A member of the Centre may, at...