Education Act 1998


Number 51 of 1998


EDUCATION ACT 1998

REVISED

Updated to 3 October 2018


This Revised Act is an administrative consolidation of the Education Act 1998. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Mental Health (Renewal Orders) Act 2018 (23/2018), enacted 3 October 2018, and all statutory instruments up to and including Education (Admission to Schools) Act 2018 (Commencement) Order 2018 (S.I. No. 396 of 2018), made 3 October 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 51 of 1998


EDUCATION ACT 1998

REVISED

Updated to 3 October 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Education Acts 1878 to 2018 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Education (Admission to Schools) Act 2018 (14/2018), s. 1(2)). The Acts in this group are:

Intermediate Education (Ireland) Act 1878 (41 & 42 Vict. c. 66)

Intermediate Education (Ireland) Act 1882 (45 & 46 Vict. c. 69)

Intermediate Education (Ireland) Act 1900 (63 & 64 Vict. c. 43)

Intermediate Education (Ireland) Act 1913 (3 & 4 Geo. 5 c. 29)

Intermediate Education (Amendment) Act 1924 (47/1924)

Education Act 1998 (51/1998)

Vocational Education (Amendment) Act 2001 (9/2007), s. 36

Education (Miscellaneous Provisions) Act 2007 (9/2007), ss. 2-5

Education (Amendment) Act 2012 (14/2012), ss. 1(3) and 4-7

Education (Miscellaneous Provisions) Act 2015 (11/2015), s. 7

Teaching Council (Amendment) Act 2015 (31/2015), s. 32

Education (Admission to Schools) Act 2018 (14/2018), other than ss. 10, 11, 12(b)-(d)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1982, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Education (Admission to Schools) Act 2018 (14/2018)

Teaching Council (Amendment) Act 2015 (31/2015)

Education (Miscellaneous Provisions) Act 2015 (11/2015)

Child and Family Agency Act 2013 (40/2013)

Education and Training Boards Act 2013 (11/2013)

Qualifications and Quality Assurance (Education and Training) Act 2012 (28/2012)

Education (Amendment) Act 2012 (14/2012)

Charities Act 2009 (6/2009)

Education (Miscellaneous Provisions) Act 2007 (9/2007)

Health Act 2004 (42/2004)

Public Service Management (Recruitment and Appointments) Act 2004 (33/2004)

Education for Persons with Special Educational Needs Act 2004 (30/2004)

Ombudsman For Children Act 2002 (22/2002)

Children Act 2001 (24/2001)

Vocational Education (Amendment) Act 2001 (23/2001)

Teaching Council Act 2001 (8/2001)

Education (Welfare) Act 2000 (22/2000)

All Acts up to and including Mental Health (Renewal Orders) Act 2018 (23/2018), enacted 3 October 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Education Support Centres (Appointment and Secondment of Directors) (Amendment) Regulations 2018 (S.I. No. 281 of 2018)

Education Support Centres (Appointment and Secondment of Directors) Regulations 2017 (S.I. No. 394 of 2017)

Educational Research Centre (Establishment) (Amendment) Order 2017 (S.I. No. 309 of 2017)

Educational Research Centre (Establishment) Order 2015 (S.I. No. 392 of 2015)

Education Act 1998 (Section 53) (Prescribed Public Bodies) Regulations 2015 (S.I. No. 353 of 2015)

Education Act 1998 (Publication of Inspection Reports on Schools and Centres for Education) Regulations 2015 (S.I. No. 153 of 2015)

Education Act 1998 (Unregistered Persons) Regulations 2014 (S.I. No. 32 of 2014)

Education Act 1998 (Section 42) (Designation of Organisations) Order 2013 (S.I. No. 344 of 2013)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Education Act 1998 (Composition of National Council for Curriculum and Assessment) Order 2009 (S.I. No. 131 of 2009)

Education Act 1998 (Publication of Inspection Reports on Schools and Centres for Education) Regulations 2006 (S.I. No. 49 of 2006)

National Council for Special Education (Establishment) Order 2003 (S.I. No. 270 of 2004)

State Examinations Commission (Establishment) Order 2003 (S.I. No. 373 of 2003)

Education Act 1998 (Composition of National Council for Curriculum and Assessment) Order 2003 (S.I. No. 45 of 2003)

Education Act, 1998 (Composition of National Council for Curriculum and Assessment) Order 2001 (S.I. No. 247 of 2001)

Education Act, 1998 (National Council for Curriculum and Assessment) (Establishment Day) Order 2001 (S.I. No. 246 of 2001)

Education Act, 1998 (National Council for Curriculum and Assessment) (Appointment of Members) Regulations 2001 (S.I. No. 245 of 2001)

Education Act 1998 (Commencement) (No. 3) Order 2000 (S.I. No. 495 of 2000)

Education Act 1998 (Commencement) (No. 2) Order 1999 (S.I. No. 470 of 1999)

Education Act 1998 (Commencement) Order 1999 (S.I. No. 29 of 1999)

All statutory instruments up to and including Education (Admission to Schools) Act 2018 (Commencement) Order 2018 (S.I. No. 396 of 2018), made 3 October 2018, were considered in the preparation of this revision.


Number 51 of 1998


EDUCATION ACT 1998

REVISED

Updated to 3 October 2018


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.

29A.

Establishment of appeals panels and appeals committees.

29B.

Procedures in relation to appeals.

29C.

Review by board of decision to refuse admission.

29D.

Appeals under section 29(1)(a), (b) and (c)(ii).

29E.

Appeals under section 29(1)(c)(i).

29F.

Miscellaneous provisions in relation to appeals under section 29.

30.

Curriculum.

31.

Teaching through Irish.

32.

Educational disadvantage. (repealed)

33.

Regulations.

34.

Financial year.

35.

Amendment of Intermediate Education (Ireland) Act, 1878.

36.

Amendment of Vocational Education Act, 1930.

37.

Education support centres.

37A.

Additional provision in respect of children with special educational needs.

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.

PART X

Admission to Schools

60.

Definitions.

61.

Admission statement.

62.

Admission policy.

63.

Annual admission notice.

64.

Prohibition on charging admission and enrolment fees.

65.

Regulations.

66.

Co-operation between boards.

67.

Designation of school by Council or Child and Family Agency.

68.

Direction to board and appointment of independent person by patron.

69.

Direction to board by Minister.

70.

Request to patron by Minister.

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

REVISED

Updated to 3 October 2018


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. [23 rd December, 1998]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions under certain provisions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 51 of 1998

Education Act 1998

Sections 12(1), 13(12), 23(1), 24(2)(5) and (6), 31(2) and (6), 32(7), 43(3), 44(1) and (2), 45, 46(1) and 58; Schedule 1, paragraph 9

...

...

...

C2

Functions of Inspectors under Act applied with modifications by Children Act 2001 (24/2001), s. 159A(5), as inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 147, S.I. No. 65 of 2007.

Education of children in children detention school, residential centres, etc.

159A.—...

(5) The functions of an Inspector within the meaning of the Education Act 1998 apply, with any necessary modifications, in relation to education facilities provided in respect of any transferred premises.

...

Editorial Notes:

E1

Power to apply for inquiry into fitness to teach of registered teacher for non-compliance with any provisions of Act prescribed by Teaching Council Act 2001 (8/2001), s. 42(1)(a), S.I. No. 407 of 2016, as substituted (25.07.2016) by Teaching Council (Amendment) Act 2015 (31/2015), s. 20(a), S.I. No. 408 of 2016.