Changes to admission policies for schools
April 11, 2013
Update by Linda Hynes, employment lawyer with Leman Solicitors and specialist in education law.
Following on from Minister Quinn’s 2011 discussion document on the overhaul of admissions policies for schools, the Minister for Education and Skills appears to be moving along with his proposed changes.
At the teacher conferences at Easter, Minister Quinn revealed his plans to put an end to policies that he sees as restrictive and hindering of enrolment in at least 20 per cent of schools at both primary and post primary level. In his speeches, Minister Quinn referred to the Education Act 1998 and to its purpose to provide for maximum accessibility to schools through inclusive admissions policies.
Current legislation
Section 9 of the Education Act 1998 sets out the statutory duty of a school, provides that one of the duties is to
‘….establish and maintain an admissions policy which provides for maximum accessibility to the school’.
The Education (Welfare) Act 2000 provides that if a school refuses an application by a student, the refusal can only be in accordance with its admissions policy.
Section 29 of the Education Act provides a mechanism whereby applicants who have been refused enrolment in a school can be appealed to Section 29 Appeal Committees. Much of the case law in the area of admissions has come from judicial review application against the decisions of the Section 29 Appeal Committees to the High Court by the school’s board of management.
Proposed legislation
It is likely that legislation will be required in order to implement the new proposals. Minister Quinn has advised that the draft heads of legislation will be brought to Government shortly for review. The bill will be called the Education (Admission to School) Bill 2013.
The Minister has also stated that he will be publishing draft regulations alongside the Bill which will be put in place once the Bill is enacted. These regulations should provide more ‘meat on the bones’ of the provisions contained in the Bill. The Department has advised that drafting of the Heads of Bill is underway and is at an early stage so it is unclear when the Bill will be published.
The Minister has stated that the aim of the proposed framework is to ensure that every child is treated fairly and that every child has a place at school. If the proposals are implemented, Irish school enrolment processes will move into a similar sphere to that used in the UK.
Proposals for changes to admission policies
Application Fees
Minister Quinn has been very clear that schools will no longer be able to charge parents for applications made to schools seeking to secure a place for their child. Historically, some fee paying schools have charged parents non-refundable application fees of up to €1,000 per application.
This proposal will have two potential effects – firstly, a reduction in the revenue generated by such schools and secondly, the non-refundable fee will no longer be a deterrent to some families who may be considering applying to these schools for places.
Application Process
Minister Quinn has also come down hard on practices whereby schools require parents and their children to attend school open days as part of the application procedure. Minister Quinn is also very critical of the inclusion of compulsory interviews for parents and children in application procedures. It is likely that the draft legislation will significantly curtail these practices.
Past Pupils
Following on from Minister Quinn’s announcement and the proposals outlined in the previous discussion paper, it is likely that the policy of giving preferential treatment to pupils based on their siblings or parents having attended the school will be done away with. This will be a complete change for some schools’ enrolment policies.
First Come First Served
The Minister has stated that although, on the face of it, first come first served policies seem fair, they do in fact cause indirect disadvantages for some families. The Minister gave the example of a family that has moved from one area of the country to another. Such families can be excluded from certain schools because they were not there first to apply.
Waiting List
The previous discussion paper indicated the possibility that waiting lists should only be open a year before enrolment. For the most highly sought after schools where demand exceeds supply, this could mean a virtual lottery to get into the school the year before enrolment. The Minister, in his announcements, has again stated that he intends to radically reduce waiting lists where they arise. It is suggested that the regulations will deal with this issue but the Minister has stated that there will be a transition period to assist schools in implementing the changes required. It is hoped that the draft bill and regulations will give more guidance on how this issue will be dealt with.
Advice for Schools
Schools will need to be mindful of any new regulatory framework arising out of the Minister’s announcement and should carefully review any Department circulars and statements on the proposals. Both the proposed bill and regulations will be published to allow for public discussion on the issue. Schools, management bodies and representative bodies should use this opportunity to make any views and suggested amendments known. Forward planning is the best way to smoothly introduce these changes.
The proposed framework may present a considerable challenge to some schools in deciding their admissions policy and particularly schools that are already considerably oversubscribed. Schools and their management bodies will need to undertake a review of their admissions policies and ensure that they are amended to accurately reflect the new framework once it is implemented. A failure to update and apply policies in line with the new provisions will leave schools open to legal challenge on any refusal to enroll a student contrary to the new framework. Parents will be extremely interested in the new framework and are likely to be very aware of the proposed changes particularly in areas that are already oversubscribed.
It is hoped that the new legislation will provide more streamlined processes on how schools and parents can deal with admissions issues outside of the process provided for in Section 29.
Linda Hynes and her team advise on all aspects of the employment relationship and on all education law matters.
www.educationmatters.ie
Turais Scoile na nGaelscoileanna, Bealtaine 2013
April 10, 2013
Irish language employment seminar in UCD
April 10, 2013
Have you always wanted to develop your writing and editing skills for a wide range of careers with Irish?
Whether you’re thinking about a career in journalism, editing or law linguistics, a panel of guest speakers will highlight the options available to you at this employment seminar in UCD.
There is a huge demand for postgraduate qualifications in Irish since the Official Languages Act was passed in 2003 and there are exciting employment opportunities awaiting at home and abroad.
Roinn na Gaeilge in UCD provides a masters in writing and communication which focuses on developing the right skills for employment. Students specialise in a chosen subject including media, copy-editing, administration, translation, interpreting and legal translation. An 8 week work experience module is also an integral part of the course and provides students with valuable practical experience.
The seminar will take place tomorrow, 11 April at C108, The Newman Building and the following guest speakers will an account of the different ranges of jobs in Irish available at the moment:
Rónán Mac Murchaidh, Field Officer, Irish language Unit, DG Translation, Representation of the European Commission in Ireland
Dáithí Mac Cárthaigh BL, Law and Irish Co-Ordinator, King’s Inns
Bláithín Ní Chatháin, Nemeton TV Studio
Dr. Ciarán Mac an Bhaird, Fiontar, DCU
Dr Caoimhín Mac Giolla Léith, Head, Modern Irish, SICSIFL, UCD.
Dr. Regina Uí Chollatáin, Director, MA: Scríobh agus Cumarsáid, Lárionad de Bhaldraithe, SICSIFL, UCD
Foilsithe ar Gaelport.com
Craobh cheoil sa chathair
April 10, 2013
Lobbying needed to protect COGG’s status
April 10, 2013
The Department of Education wish to integrate COGG with the NCCA (The National Council for Curriculum & Assessment) and to locate them in their offices. This would mean that it would be impossible for COGG to do their work through the medium of Irish as they’ve always done. There is a concern that the organisation would lose its independence and that it become simply a sub-division of the NCCA, in particular after the term of the current board is finished in 2014. This would result in a reduced influence from the all-Irish/ Gaeltacht sector on the organisation which would mean that there would be less input from the Irish-medium and Gaeltacht sector into the organisation regarding the sector’s needs. To ensure this doesn’t happen it is particularly important that COGG continues to receive direct funding and that it will be completely in charge of its own budget regarding its programme of work.
As part of the national strategy in promoting the 20 Year Strategy for the Irish Language Gaelscoileanna Teo. are co-operating with 63 other organisations to defend COGG. It would be of great benefit if you could raise the three issues below with your local TDs for the sake of COGG’s future and for the benefit of Irish-medium education:
1. That COGG’s budget should be ring fenced on a continuous basis (i.e. that the NCCA should have no power over COGG’s budget)
2. That COGG’s independence would be protected and that there is a need for a written agreement from the State regarding this (COGG’s board should not be under the control of the NCCA’s board)
3. That COGG’s office could be a satellite of the NCCA office but that its staff should not be relocated to the NCCA’s offices.
Download the PDF here
More information regarding COGG is available at www.cogg.ie
Pictiúr exhibition on tour
April 9, 2013
Pictiúr is the name of a new exhibition of illustrations form Irish language and English language books which is currently touring European Institutions as part of the Irish Presidency of the EU.
Laureate na nÓg Niamh Sharkey has curated the exhibition which features illustrations from children’s books including work by P. J. Lynch, Marie-Louise Fitzpatrick, Olivia Golden and Andrew Whitson
This month the exhibition will be staged in the European Parliament in Brussels before it visits the Leuven Institute. It will go on a nationwide tour beginning in the Draíocht arts centre in Blanchardstown before heading to the Babaró festival in Galway. The exhibition will be on display in the IMMA, Kilmainham at the end of the year.
Foilsithe ar Gaelport.com
Ard-Fheis Chonradh na Gaeilge passes emergency motion on Irish-medium education
April 9, 2013
Irish speakers from all over the country gathered at the Canal Court Hotel in Newry, Co. Down at the weekend to discuss issues regarding the language at Conradh na Gaeilge’s 2013 Ard-Fheis.
A wide range of topics were discussed during workshops, forums and at the Ard-Fheis talk.
Guest speakers Niall Comer, President of Comhaltas Uladh, Seán Ó Coinn, Deputy CEO of Foras na Gaeilge and Cormac Ó hEaghra, RTÉ Raidió na Gaeltachta took to the floor to discuss the theme ‘120 Years of Growth and What Is Ahead Of Us’ drawing attention to important issues including the recent closure of Irish language newspaper ‘Gaelscéal’, uncertainty regarding the office of An Coimisinéir Teanga, decisions made by the Government on the future of the language and the barrier in communication between the 20 Year Strategy and the general Irish Language community.
Two motions were unanimously passed during the Ard-Fheis as well as an emergency motion. The first motion calls for the recognition of the Irish language and Gaeltacht community as a stakeholder in the implementation of the Irish-Language Strategy in the north from the outset, and the second for the establishment of a crucial high-level structure between authorities and Irish-language community organisations to ensure the effective implementation of The 20 Year Strategy for the Irish Language 2010 – 2030 in the south.
A third, emergency motion, suggested by committee member Pádraig Mac Fheargusa was passed which says: “Taking into account opinions published in the media recently regarding the Education Minister’s attitude towards entrance policies for Irish-medium primary and secondary schools, Ard-Fheis Chonradh na Gaeilge suggests that such policies should be left alone regardless of parents’ and children’s background in the Irish language.”
These motions will be presented to the relevant state ministers as well as Foras na Gaeilge, recognised language planning experts and Irish language organisations.
Donnchadh Ó hAodha, of the Cork Craobh Chúil Aodha branch, was also re-elected President of Conradh na Gaeilge during the events at the weekend.
Foilsithe ar Gaelport.com
Change in school enrolment policies
April 8, 2013
A chara, – I wish to express my profound shock, disbelief and outrage at one aspect of the proposed changes to school enrolment policies put forward by Minister for Education Ruairí Quinn (Home News, April 3rd).
This policy has no place in the 21st century; indeed it was outrageous in the 19th century when it was first introduced. I refer to the proposal to force some Irish-speaking children from Irish-speaking families to attend English-speaking schools. This will happen bec a use under the guidelines Irish language schools will not be permitted to give priority to children from Irish speaking families. Irish-speaking families are a threat ened minorit y in t hi s State, all have made a lifelong commitment to the survival of the language by speaking it every day, and their children, especially at secondary level often travel long distances to their nearest Irish language school.
Like many of today’s policies, it discriminates yet again, disproportionately against rural areas because Irish-speaking families such as ourselves who live in rural Ireland find ourselves outside the catchment areas or feeder schools for existing Irish language secondary schools which are few in number Apart from being oppressive, this policy is clearly absurd, and bizarre. As an Irish-speaking family it seems an act of wanton cruelty to provide such schools and then to deny entry to those of u s who mos t passionately want to make use of them. – Is mise, SÉAMUS Ó DRISCEOIL, Oileán Cléire Co Chorcaí.
www.irishtimes.com
€1.6m cost in translation
April 8, 2013
TAXPAYERS have been hit with a bill of at least €1.6million for translating exam papers, reports, leaflets and other papers into Irish.
State bodies must get all documents of “major public importance” translated ‘as gaeilge’ to comply with the Official Languages Act. But many of the Irish versions are NEVER read. A probe carried out by the Irish Sun found the bill for 63 departments, councils and other government agencies for 2012 comes to at least €1.6million. These costs apply to outside contracts only so do not include the time spent by officials and civil servants in translating documents internally as part of their job. The State Examinations Office, under the control of the Department of Education, had the highest bill of €900,000. This went on translating marking schemes and producing Irish exams.
Minister Ruairi Quinn’s department also splashed out €106,000 on gaeilge versions of leaflets, application forms and press releases. NAMA, the NTMA and the National Pension Reserve Fund paid out €23,462 for putting annual reports into Irish. An Post spent €7,179 for Irish versions of State Savings forms and brochures. Councils were big spenders too, as annual reports and development plans must be translated under the Act. Kerry County Council has 21 Irish officers who do most of its translation. But it still paid out €14,133 for an Irish version of the Dingle Area Local Area Plan. Limerick County Council spent €12,246, with much of this going on the gaeilge translation of the Cappamore Local Area Plan.
Meath had the biggest bill for a council, spending €47,210, with €33,309 to translate the county’s development plan. The Department of Social Protection carried out 372 projects, at a cost of €47,000, on reports, info booklets and its website. And the Department of Health spent €5,436 to translate the National Substance Misuse Strategy Steering Report into Irish. The Department of Children had a bill totalling €51,577. The National Transport Authority racked up spending of €?4,362 — including getting taxi-customer information cards put into Irish. The Central Bank splashed €67,000 for Irish translation. Others obliged to put documents into Irish included Teagasc, the Irish Aviation Authority, the Competition Authority, Crafts Council of Ireland and the National Milk Agency.
www.thesun.ie
Oidhreacht Theach Ard na bhFeá á comóradh
April 8, 2013
