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Legal Landscape of Education - Coggle Diagram
Legal Landscape of Education
Constitution
Article 42
Education
parent primary educator - parental choice - no obligation on school to accept child - minimum education - detail of this not specified - state must provide free primary ed.
Article 44
Religion
State shall not endow any religion - freedom of religious expression - no discrimination on religious grounds - religious order have right to manage, own and maintain it's own property
Statutory Law
Education Act 1998
Rights and obligations on stakeholders in ed. Obligation to establish BOM, Priciples (equality of access, participation, parental rights, partnership model) BOM must publish school plan, must make provision for disability, must have a policy on admission, and expulsion
https://www.irishstatutebook.ie/eli/1998/act/51/enacted/en/html
Education Welfare Act 2000
Altered 1926 approach, from punitive to supportive, Id of children being educated outside of school system, the ed must meet their constitutional rights, Est of NEWB (now subsumed by Tusla) Education welfare officers, obliged schools to have a code of behaviour and procedure for expulsions
https://www.irishstatutebook.ie/eli/2000/act/22/enacted/en/html
Equal Status Act 2000
Disability one of the 9 grounds, discrimination prohibited, section 4:reasonable accomodations, limitations: different treatment deemed reasonably necessary
EPSEN 2004
rights based, unless in best interest of student or other students, not fully commenced, NCSE/SENOs/SNAs
Children First Act 2015
Education (Admission to schools) Act 2018
Data Protection Act
SEN
Education Act 1998
Stakeholders rights and obligations, principles of equality of access and participation, SEN defined, schools must have admissions policy, school plan, provision of reasonable accomodations, subject to limitations of available resources
Equal Status (as amended) Act 2000
Disability one of the 9 grounds, discrimination prohibited, section 4:reasonable accomodations, limitations: different treatment deemed reasonably necessary
EPSEN (2004)
rights based, unless in best interest of student or other students, not fully commenced, NCSE/SENOs/SNAs
Disability Act 2005
Child protection/welfare
Common Law (teachers duty of care)
in loco parentis, take all reasonable care, to prevent foreseeable harm,
Qualified Priviledge: person has a duty or right to report
Every case turns on its own facts: age and maturity of student, nature of activity and degree of foreseeability,
Statutory Law (Children First Act 2015)
defines obligations and procedures, key document: child protection procedures linked, set down that schools (BOM) must have child safeguarding statement, do a risk assessment, appoint a DLP and DDLP, teachers must report to tusla if above threshold of harm and assist tusla to assess risk
https://www.gov.ie/en/policy-information/d7be05-child-protection/
Details of safeguarding statement requirements, risk assessment requirements, and child protection oversight report, procedures for teacher reporting as mandated person on slides webinar 2
Reasonable grounds: evidence, any indication of sexual abuse, signs of emotional abuse or neglect, disclosure by child or adult, account from a person who saw abuse
Threshold of harm: assault, sexual abuse, neglect, physical abuse, emotional abuse
Statutory duty of care
Occupiers liability Act 1995 - BOM obligation regarding school premises
Safety, Health and Welfare at work act 2005 - obligations on BOM and teachers
Negligence: duty of care/breach of duty of care/ injury outcome