Department of Education and Skills revokes Irish language services
April 23, 2013
A “giant leap backwards” is how the umbrella body for the Irish language voluntary sector, Comhdháil Náisiúnta na Gaeilge has described the new language scheme which came into effect yesterday at the Department of Education and Skills.
The language schemes agreed with public bodies are an integral part of the Official Languages Act 2003. Under Article 11 of that Act, public bodies agree language schemes with the Department of Arts, Heritage and the Gaeltacht which detail the services which the public body propose to provide.
Comhdháil Náisiúnta na Gaeilge has expressed concern over the lack of progression in ratifying new schemes under the current system, which An Chomhdháil believes is a demonstration of a reluctance from the state to provide Irish language services.
The first language scheme came into effect in The Department of Education and Skills in 2005. This three year scheme detailed the services which would be available from the Department to the public through Irish. Having expired in 2008, there was a five year wait before the second scheme would be ratified with the Department of Arts, Heritage and the Gaeltacht. “Not only does the second scheme not build on commitments of the first scheme, but many of the previous commitments have now been revoked,” said Kevin De Barra, Director of Comhdháil Náisiúnta na Gaeilge.
Press Releases
Prior to 2005, the Department of Education and Skills generally issued pressreleases only in English. With the ratification of the first language scheme, the Department committed to issuing pressreleases bilingually in both Irish and English when announcing new schemes or policy changes. The new scheme effected yesterday stipulates that Irish language press releases might not be issued simultaneously with their English versions from now on. De Barra contends that “due to the time sensitive nature of pressreleases it makes no sense to issue an Irish version a week after the English version. While this might tick a box for the Department, this approach would ultimately be a waste of resources as it would provide little benefit to the public”.
Telephone Services
In 2005, the Department of Education and Skills set out in their first scheme to provide a dedicated telephone number to deal with queries from the public through Irish. The second scheme rescinds this commitment by stating that the on-going provision of this service is dependent on the availability of staff who can provide the service in Irish. In practical terms, adding such a caveat will now mean that telephone services are being provided in a conditional or limited fashion, and therefore it will not be clear to the public what service they are entitled to receive from the Department through Irish.
In relation to services to teachers the new scheme states that a one-to-one telephone service through Irish is and will continue to be available from the Teacher Education Section, ‘subject to relevant personnel being available’.
Administrative Services
Under the first language scheme, a one-to-one administration service was provided through Irish by certain units within the Department of Education and Skills, namely the Teacher Education Section and the Statistics Unit. While the commitments regarding Irish language services provided by the Teacher Education Section are upheld in the second scheme, albeit under a new title, there is no mention of the continuance of Irish language services provided by the Statistics Unit throughout the first scheme.
Recruitment
In their second language scheme, The Department of Education and Skills states that through the Public Appointments Service inspectors will be appointed at the recruitment grade level to continue and enhance the delivery of service through Irish. Civil servants currently within the Department of Education and Skills or those transferring from other departments will be awarded extra marks in internal promotion competitions within the Department based on a competency in Irish. While competency in Irish will therefore remain a desirable criterion for posts, it will not be a requirement.
The second language scheme refers to a survey carried out among the current administration team within the Department of Education and Skills in which less than 1.5% claimed to be competent in Irish.
Escape Clause
The Department’s second language scheme places a strong emphasis on current financial restrictions and challenges regarding human resources within the civil service. Comhdháil Náisiúnta na Gaeilge believes the Department of Education and Skills is seeking to use the current economic climate as an escape clause regarding the commitments given in the first language scheme which will prove extremely detrimental to Irish language services provided by the State should other public bodies follow suit.
Comhdháil Náisiúnta na Gaeilge will be raising this issue with the Department of Education and Skills and also with the Department of Arts, Heritage and the Gaeltacht, the body who ratified this language scheme.
Foilsithe ar Gaelport.com
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Láithreoir Óg á lorg ag RnaG
April 11, 2013
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
Craobh cheoil sa chathair
April 10, 2013
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
