Education Act 1998
Number 51 of 1998
EDUCATION ACT 1998
REVISED
Updated to 22 March 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.6
All Acts up to and including the Environmental Protection Agency (Emergency Electricity Generation) (Amendment) Act 2023 (6/2023), enacted 10 March 2023, and all statutory instruments up to and including the Education Support Centres (Appointment and Secondment of Directors) (Amendment) Regulations 2023 (S.I. No. 125 of 2023), made 22 March 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 22 March 2023
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 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Education (Provision in Respect of Children with Special Educational Needs) Act 2022 (22/2022), s. 12(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)
• Education (Provision in Respect of Children with Special Educational Needs) Act 2022 (22/2022), s. 12(2), other than s. 11
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 1972, 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 (Provision in Respect of Children with Special Educational Needs) Act 2022 (22/2022)
• Education (Leaving Certificate 2021) (Accredited Grades) Act 2021 (8/2021)
• 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 Environmental Protection Agency (Emergency Electricity Generation) (Amendment) Act 2023 (6/2023), enacted 10 March 2023, 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 2023 (S.I. No. 125 of 2023)
• Education Act 1998 (Composition of National Council for Curriculum and Assessment) Order 2022 (S.I. No. 206 of 2022)
• Education Act 1998 (Unregistered Persons) (Amendment) Regulations 2022 (S.I. No. 68 of 2022)
• Education (Admission to Schools) Act 2018 (Admission Policies and Admission of Students) Regulations 2020 (S.I. No. 17 of 2020)
• 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 Support Centres (Appointment and Secondment of Directors) (Amendment) Regulations 2023 (S.I. No. 125 of 2023), made 22 March 2023, were considered in the preparation of this revision.
Number 51 of 1998
EDUCATION ACT 1998
REVISED
Updated to 22 March 2023
ARRANGEMENT OF SECTIONS
Preliminary and General
|
Section |
|
Schools
The Inspectorate
Boards of Management
The Principal and Teachers
Miscellaneous
|
Miscellaneous provisions in relation to appeals under section 29. |
|
|
Educational disadvantage. (Repealed) |
|
|
Additional provision in respect of children with special educational needs. |
National Council for Curriculum and Assessment
|
Establishment of National Council for Curriculum and Assessment. |
|
Examinations
Bodies Corporate
|
Establishment of bodies to provide services related to education. |
|
Admission to Schools
|
Designation of school by Council or Child and Family Agency. |
|
|
Direction to board and appointment of independent person by patron. |
|
The Council
Examinations
|
Acts Referred to |
|
|
Adoption Acts, 1952 to 1998 |
|
|
Children Acts, 1908 to 1989 |
|
|
1991, No. 17 |
|
|
1956, No. 45 |
|
|
Civil Service Regulation Acts, 1956 to 1996 |
|
|
1997, No. 2 |
|
|
Guardianship of Children Acts, 1964 to 1997 |
|
|
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 |
|
|
1941, No. 23 |
|
|
1956, No. 21 |
|
|
1997, No. 27 |
|
|
Trade Union Acts, 1871 to 1990 |
|
|
1930, No. 29 |
|
Number 51 of 1998
EDUCATION ACT 1998
REVISED
Updated to 22 March 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.