Education Act 1998

Number 51 of 1998

EDUCATION ACT 1998

REVISED

Updated to 12 December 2023

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 the Credit Union (Amendment) Act 2023 (34/2023), enacted 13 December 2023, and all statutory instruments up to and including the Education Act 1998 (Composition of National Council for Curriculum and Assessment) Order 2023 (S.I. No. 622 of 2023), made 12 December 2023, 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 12 December 2023

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 12 December 2023

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:

Annotations

Modifications (not altering text):

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
...	...	...

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:

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.

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Education Act 1998