NAMBSE ANNUAL CONFERENCE

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NAMBSEANNUAL CONFERENCE

• NOVEMBER 17TH
• 2006

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DAVID RUDDY B.L.
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SAFETY, HEALTH AND WELFARE ACT 2005REPLACES

• THE 1989 ACT
• (as of 1st September 2005)

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RISK ASSESSMENT AND THE SAFETY STATEMENT

• 5 STEPS TO A SAFETY STATEMENT

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• Identify the risks
• Assess the risks
• Select the control measures
• Write the safety statement
• Record and review (annually)

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ASSESS THE RISKS

• The likelihood of the harm occurring and the
  severity of the consequences if it does arising
  from those hazards.

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SELECT THE CONTROL MEASURES

• Select appropriate measures to eliminate the
  hazards and where that cannot be done to reduce
  risks.

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WRITE THE STATEMENT

• When bringing the safety statement to the
  attention of employees it must be a form manner
  and, if necessary in a language that can be
  understood by employees. It should be done
  annually and on recruitment.

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EQUAL STATUS ACT

• 2000

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DISABILITY PRESUMPTION OF MAINSTREAMING

• Schools can treat students with disabilities
  differently (apart from the nominal cost
  exemption) only if the disability is making the
  provision of educational services impossible to
  other students or having a seriously detrimental
  effect on that provision. If the state provides
  grants or aids for assisting in providing special
  treatment or facilities, there may be an onus on
  the service provider to avail of these grants.

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DUTY OF CARE

• WILLIAMS V EADY 1893
• The school master is bound to take care of his
  boys as a careful father would of his boys

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LITIGATION AGAINST SCHOOLS

• Implication for school management
• Glendenning Binchy

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• If a school has on its rolls pupils with
  disabilities this naturally involves the school
  in a duty of care to those pupils, which takes
  account of their particular disability and to
  other pupils who may be effected by their
  disability. The school is not entitled to place
  on a disabled pupil the responsibility for
  protecting himself or herself , or others for
  which it is the schools duty to discharge

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SECTION 29 OF THE EDUCATION ACT 1998

• Permanent Exclusion
• Suspension for 20 days or longer in any one
  school year
• Refusal to enrol

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WHY WAS SECTION 29 INTRODUCED?

• To prevent litigation by parents and to make the
  process easier and inexpensive.

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CASE LAW PRIOR TO

• SECTION 29

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CARMODY V MEEHAN CULLEN

• 1980
• High Court

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O HULLACHAIN VBURKE
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MURTAGH VBOARD OF MANAGEMENT OF ST EMERS N.S
LONGFORD

• (HIGH COURT/ SUPREME COURT )1991
• 3 Day suspension of a pupil by B.O.M challenged
  in High Court and later on appeal to the Supreme
  Court. Longford.

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SECTION 29 APPEALS PROCESS
Reports
Assessments
Application Enrolment Forms
Application for Enrolment
BOM decides to refuse application
Letter of refusal outlining reasons
Parents limited appeal (42 calendar days)
Appeals application form
Grounds for appeal
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DETERMINATION OF APPEALS

• Appeals will be determined by the Committee in
  the light of all the facts presented to it,
  including the views of any persons called by it
  to the hearing, and having due regard to

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DETERMINATION OF APPEALS

• The established practices within the school for
  dealing with issues/grievances which are subject
  to the matter of the appeal, including, where
  relevant and available, any statutory or non
  statutory procedures.
• The educational interests of the student who is
  the subject of the appeal.

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DETERMINATION OF APPEALS

• The educational interests of all other students
  in the school
• The effective operation and management of the
  school
• any resource implications arising from the issues
  under appeal,
• Where relevant, the policy of the patrons and the
  board of management in respect of the
  characteristic spirit/ethos of the school, and
• Such other matters as the Committee considers
  relevant

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The Committee shall, in writing, notify the
Secretary General of its determination of the
appeal, the reasons therefore and its
recommendation as to the action to be taken.
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The Secretary General , shall in writing, notify
both parties of the determination of the appeal,
the reasons therefore, and , where necessary,
will issue such directions to the schools board
of management as he/she considers to be necessary
for the purpose of remedying the matter which was
the subject of the appeal. The board of
management will be bound by such directions.
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REVIEW OF PROCEDURES

• These procedures may be reviewed from time to
  time by the Minister following consultation with
  the partners in education.
• THURSDAY NOVEMBER 16TH 2006

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EDUCATION (MISCELLANEOUS PROVISIONS) BILL
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FACTORS TO BE CONSIDERED BY S.29 APPEALS COMMITTEE

• Behaviour (nature, scale extent)
• Reasonableness of schools efforts to assist
  students
• Educational interests of individual student
• Educational interests of other students in school
• Maintenance of school environment supportive of
  learning

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FACTORS TO BE CONSIDERED BY S.29 APPEALS COMMITTEE

• Ensuring continuity of instruction in classroom
• Safety health and welfare of teachers other
  staff
• Safety health and welfare of students
• School admission policy, code of behaviour and
  other policies
• Duties of schools / BOM issued guidelines

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AIMS

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

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APPEALS COMMITTEE

• Ask both sides to seek accommodation
• If A fails facilitator appointed
• Tries to broker agreement
• Issues recommendations in a report
• In event of non attendance
• Appeals proper

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THE APPEALS HEARING

• Enrolment Policy
• Minutes of decisions taken at the BOM meetings
• Health Safety Policy
• Reason for refusal
• Code of Discipline

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SECTION 29 STATISTICS(To end June 2006)
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POST PRIMARY STATISTICS SECTION 29
STATISTICS(To end June 2006)
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PRIMARY STATISTICS SECTION 29 (To end June 2006)
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EDUCATION FOR PERSONS WITH SPECIAL EDUCATIONAL
NEEDS ACT2004
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AIMS OF EPSEN ACT

• To provide for the Education of children with
  Special Educational Needs
• That such provision takes place in on inclusive
  environment
• That such children will benefit from an
  appropriate education as do their peers.

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DEFINITION OF SPECIAL EDUCATIONAL NEEDS

• Restriction in the capacity of the person to
  participate in and benefit from education on
  account of enduring physical, sensory, mental
  health or learning disability or any condition,
  which results in a person learning differently
  from a person without that condition

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SECTION 10 OF EPSEM ACT 2004

• The National Council for Special Education may
  of its own volition or at the request of parents,
  designate a school to whom a pupil with special
  educational needs may be enrolled. In making such
  an order the council would have taken account of
  the capacity of the school to accommodate the
  child particularly when additional resources are
  made available to it.

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The Board of Management may appeal the
designation but the burden of proving that the
school does not have adequate resources to enable
it to meet the needs of the child concerned shall
be on the BOM.
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NATIONAL COUNCIL FOR SPECIAL EDUCATION

• November 2006
• Implementation plan presented to Minister Hanafin
• Re Commencement of Section 10 and the rest of
  the Act.

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STATEMENTS MADE BY THE APPEALS COMMITTEE

• The procedures followed by the school were
  indicate in the schools enrolment policy was in
  the process of development when it was approved
  by the BOM.
• The school has adhered to its Admissions/Enrolment
  Policy
• The appeals committee welcomes the ongoing review
  by the school of its Admission /Enrolment Policy

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EMERGING ISSUES

• Appeals Committee determination
• Could be challenged by either side by way of a
  High Court Judicial review
• Asking the High Court to quash their decision
• No such case yet