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
Preliminary and General
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Section |
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Schools
The Inspectorate
Boards of Management
The Principal and Teachers
Miscellaneous
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Miscellaneous provisions in relation to appeals under section 29. |
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Educational disadvantage. (Repealed) |
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Additional provision in respect of children with special educational needs. |
National Council for Curriculum and Assessment
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Establishment of National Council for Curriculum and Assessment. |
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Examinations
Bodies Corporate
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Establishment of bodies to provide services related to education. |
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Admission to Schools
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Designation of school by Council or Child and Family Agency. |
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Direction to board and appointment of independent person by patron. |
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The Council
Examinations
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Acts Referred to |
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Adoption Acts, 1952 to 1998 |
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Children Acts, 1908 to 1989 |
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1991, No. 17 |
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1956, No. 45 |
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Civil Service Regulation Acts, 1956 to 1996 |
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1997, No. 2 |
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Guardianship of Children Acts, 1964 to 1997 |
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1970, No. 1 |
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Health Acts, 1947 to 1996 |
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Intermediate Education (Ireland) Act, 1878 |
1878, 41 & 42 Vic., c. 66 |
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Intermediate Education (Ireland) Acts, 1878 to 1924 |
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1941, No. 23 |
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1956, No. 21 |
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1997, No. 27 |
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Trade Union Acts, 1871 to 1990 |
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1930, No. 29 |
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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):
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.