1. “The Authority of the School ” Feb 2nd 2017 david.ruddybl@gmail.com

2. Discipline in Schools 2010/2011
Expulsions
136 Post Primary
Suspensions >6days
12,727 Post Primary
Source: Tusla 2014/2015

3. Case Law Inherent authority Magisterial responsibility
IN LOCO PARENTIS
The State Smullen V Duffy 1980 (High Court)
Inherent authority
Magisterial responsibility

4. Abbey CBS Armagh (County Court 2014) Negligence action
Ryan Collins V
Abbey CBS Armagh
(County Court 2014)
Negligence action
Allegations concerning bullying by other pupils
School appeared to operate no blame policy
Poor record keeping/use of sanctions
Many investigations
Boy left school
School in difficult position due to entrenched parental positions. Monitoring process conducted
by teachers was poorly recorded. School need proof. Psychologist critical of blame policy, greater efforts should have been directed to restorative process to apportion blame. Policy deemed to be ineffective and should have been reviewed. Pupil moved to another class.

5. Education Act 1998
Section 22
……the Teachers under the direction of the Principal
Subject to collective agreements/contracts of employment
Shall carry out those duties that ….. are assigned to them

6. - where practicable, consult with staff
Section 23 The Principal shall be responsible for
Day to day management
Provide leadership
Shall have all powers that are necessary or expedient & carry out functions in accordance with policies & BOM
Education Act 1998
- where practicable, consult with staff
Have relevant policies in place/career breaks/job sharing

7. Your right to allocate classes
Timetable
Refuse unreasonable requests from teachers-class/student allocation
Insist that staff adhere to school policy

8. Education Act 1998
Section 24
ETB power to appoint/suspend/dismiss teachers in accordance with agreed procedures
C/L 71/2014 –Suspension/Dismissal
for
Underperformance/Misconduct

9. Underperformance/Misconduct
Section 24(3) Education Act 1998
C/L /2014
Teachers
Principals
Professional Competence Issues
(Teaching only)
Other Disciplinary Issues
(Non Teaching Activities)
Other Disciplinary Issues
Professional Competence Issues
Admin Principals Only
Not Teaching Curriculum
Late

10. Procedure/Stages Competence issues Stage 1-Informal -Principal
Stage 2-Formal (CEO/Director of schools)
Stage 3-External Review (DES)
Stage 4-Hearing
Stage 5-Appeal
Other disciplinary issues
Stage 1-Verbal warning
Stage 2-Written warning
Stage 3-Final written warning
Stage 4-Formal Hearing
Stage 5-Appeal

11. PDST (1) Advice to Principal
(2) Advice to management regarding improvement plan
(3)Assisting teachers implement plan
(4) Modelling
(5) Coaching /Mentoring

12. PDST - support for principal
Clarity in relation to the process
Criteria
Process
Improvement plan:
deficiencies
supports/training
timetable

13. Centre for School Leadership
Mentoring
Coaching

14. BoM of St.Joseph’s NS, Valleymount
Nora Kelly v’s
BoM of St.Joseph’s NS, Valleymount
High Court (2013)
Principal forgot duty of respect to BOM
BOM inactivity was a recipe for disaster
Misconduct allegation, not fair or rational
Disciplinary process flawed
Sanction disproportionate
BoM should have good reason to ignore stage (5) appeal recommendation

15. Fair Procedures Include: Presumption of Innocence
Allegations in writing and in advance
Opportunity to respond and challenge
Absence of Bias
Representation

16. Read/understand C/L 71/2014
Keep up- to - date records of complaints
Address shortcomings informally
Standard is that of adequacy
Looking at our schools 2016
“A Quality Framework” DES

17. Is there a child protection issue? Tusla
Medmark-discretionary referral
Employee Assistance Service

18. Complaints
ETB Code of Practice for dealing with complaints by parents /pupils(over 18yrs) against teachers (2011)
Grievance Procedures for staff employed by ETBs (2013)
Ombudsman for Children's Office
Workplace Relations Commission-Equality Authority
Teaching Council Acts (Part V)

19. Authority to restrain a pupil
Non-Fatal Offences Against the Person Act 1997
S (2) Assault
S.(3) Assault causing harm
S.(18) Justifiable use of force
Protect yourself /3rd party property
All physical interventions must be a safety issue and have a safety mindset
Child Protection Issues
Your health & safety
Restraint policy?
Restraint training?

20. Revenue/Gardai /Social Protection
Interviewing pupils?
Right to report a matter?
Interviews by Gardai in school?
School policy?
2. Section 8 of the Data Protection Act allows exemptions to schools providing information to The Gardaí, Revenue, DSP, Child Protection, Court Order. Applications for the release of Data should be in writing and should state the purpose for which it is required. If in doubt you can always seek advice from the Data Commission Office. Never give info over the phone. Establish bona fides of the person. Whilst restriction lifted you are not obliged to hand over info. You could demand a warrant etc. Is info necessary or merely of side interest.

21. New Family Units (ROI) 2006 - 2011
Divorced
Separated
Lone Parents
Cohabiting units
Same Sex Couples
59,500/87,700
107,000/116,000
190,000/215,000
121,800/143,561
2090/4042

22. Children and Family Relationships Act 2015
Natural fathers automatic guardians if they cohabit with mother 1 year before birth
Civil partners, step parents (2 years)
Cohabiting with Child’s mother (3 years)
Grandparents acting in loco parentis (1 year)
(Dealing with separated parents/school policy?)
Modernise the law and recognise the role of the extended family. Increase no of non marital fathers who become automatic guardians of the pupils.

23. A.B. v C.D. (High Court 2013)
6th class pupil transferring to post primary
Parents separated
Dispute over choice of new school
Father/non fee paying
Mother/fee paying
Appeal from Circuit CT

24. The Importance of Managing Issues
Follow the policy & do not deviate from it.
Develop a mindset that isn't personal.
Trust your judgement.
Importance of competent advice.
Schools that don’t manage get into trouble. 24