CEIST ANNUAL CONFERENCE Catholic Secondary Schools Hudson Bay Hotel, Athlone Some Current Issues in Catholic Secondary Schools Ian O’Herlihy 30 September 2016

Some Big Issues! Maintaining ethos Accommodating pupils whose parents require exclusion from religious instruction Admission to over subscribed schools The pursuit of excellence!

The Irish Constitution Article 42.3.1 The State shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the State, or to any particular type of school designated by the State.

The Irish Constitution Article 44.2.4 Legislation providing State aid for schools shall not discriminate between schools under the management of different religious denominations, nor be such as to affect prejudicially the right of any child to attend a school receiving public money without attending religious instruction at that school.

The Irish Constitution Article 44.2.5 Every religious denomination shall have the right to manage its own affairs, own, acquire and administer property, movable and immovable, and maintain institutions for religious or charitable purposes.

Education Act 1998 Section 15(2)… shall (b) uphold, and be accountable to the patron for so upholding, the characteristic spirit of the school as determined by the cultural, educational, moral, religious, social, linguistic and spiritual values and traditions which inform and are characteristic of the objectives and conduct of the school, and at all times act in accordance with any Act of the Oireachtas or instrument made thereunder, deed, charter, articles of management or other such instrument relating to the establishment or operation of the school

Articles of Management for Catholic Secondary School Article (c): “the school shall be conducted in accordance with the religious and educational philosophy of (the Congregation/Trustees) as contained in the second schedule hereto…” Is the “educational philosophy” set out in schedule 2? Is the wording directive or aspirational?

JMB Guidelines Relevant Sections Balance of duty to Catholic Students/Parents v Inclusiveness

Issues for Schools Employment Enrolment of Students Inclusion of other faiths and none

Enrolment of Students Section 7 (3), Employment Equality Act 2000 Proposals to amend Important recent decision of Equality Tribunal

Enrolment of Students Section 7(3), Equal Status Act   An educational establishment does not discriminate under subsection (2) by reason only that …. (c) where the establishment is a school providing primary or post-primary education to students and the objective of the school is to provide education in an environment which promotes certain religious values, it admits persons of a particular religious denomination in preference to others or it refuses to admit as a student a person who is not of that denomination and, in the case of a refusal, it is proved that the refusal is essential to maintain the ethos of the school.

Disciplinary and Competency Procedures for Teachers

Two Separate but related Policies Conduct Competency

General Requirement Co-operation and Commitment by Principal Why?

Application of Policies (generally) Irregular Inconsistent Non-existent Reasons?

Disciplinary Procedures (Conduct) Where to start process? Transient issues Normally progressive, but … Look at types of sanctions at different stages (will usually assist)

Discretion - Where to Start Process “Although disciplinary action will normally follow the progressive stages, the procedure may be commenced by the school at any stage of the process if the alleged misconduct warrants such an approach”.

Preamble It is a matter for the individual teacher in the first instance to maintain appropriate standards of teaching and to personally address competence issues if and when they arise

Before invoking procedures, the principal must consider whether: The issue was transient of a temporary nature or Whether it relates to issues of a personal or professional nature which are likely to be of short duration

The principal has the right to decide whether complaints from parents should be considered under the procedures relating to professional competence or under the general Complaints Procedures.

If the Principal decides the complaints from parents relate to professional competence issues, the parents are so advised and entitled to be informed of the final outcome of the process.

Incompetency in teaching What does teaching competency mean? Understanding the dynamic in schools General lack of accountability in education sector – why? What can be done by trustees and boards of management?

Questions