(a)Employment Procedures
See comments earlier in this Chapter.
(b)Health & Safety Procedures
Chapter 5 - Safety, Health & Welfare at Work Act 2005 - details the various procedures that Boards must put in place in respect of the Health & Safety of Employees and others. The obligations imposed on Boards must be documented so that the Board can clearly demonstrate how they are meeting such obligations.
(c)Emergency Procedures
The Board’s obligations under the Fire Services Act 1981 as amended by the Licensing of Indoor
Events Act 2003 are set out in detail in Chapter 9 - Fire Safety in the School. In keeping with the comments made under Health & Safety above the importance of documentation in this area and the need to constantly communicate and review these procedures cannot be overstated.
(d)Code of Conduct
Section 23 of the Education (Welfare) Act 2000 requires the Board, after consultation with the
principal, teachers and parents and the educational welfare officer, to prepare a code of
behaviour in respect of the pupils. The code must specify at least the following:
(i) the standards of behaviour to be observed by each pupil attending the school;
(ii) the measures that may be taken when a pupil fails or refuses to observe those standards;
(iii) the procedures to be followed before a pupil may be suspended or expelled from the school concerned;
(iv) the grounds for removing a suspension imposed on a pupil;
(v) the procedures to be followed relating to notification of a pupil’s absence from school.
The code must be prepared in accordance with guidelines issued by the National Education Welfare Board. The principal, before enrolling a child, is also obliged to provide parents with a copy of the code of behaviour for that school and is empowered, as a condition of registration, to require the parents to confirm in writing that the code is acceptable to them and that they will make all reasonable efforts to ensure compliance by the child.
(e)School Admission Policy
The fairness of the admissions policy for pupils to schools is covered by the Equal Status Acts 2000-2004. Section 7(2) of the 2000 Act, as amended, prohibits discrimination under any of nine grounds in relation to admission of a pupil to an educational establishment. The nine grounds are:
(i) gender,
(ii) marital status,
(iii) family status,
(iv) sexual orientation,
(v) religion,
(vi) age,
(vii) disability,
(viii) race,
(ix) membership of the travelling community.
However, as a general rule in the context of admissions, the Equal Status Acts permit educational establishments to refuse admission to a particular candidate on the following grounds:
(i) Primary and secondary schools may admit pupils of one gender only;
(ii) Primary and secondary schools who wish to create an environment promoting certain religious values may discriminate on the religious ground. The school must show that any refusal of admission is essential to maintain the ethos of the school.
(f)Child Protection
The Child Care Act 1991 gave powers to health boards to care for children who were ill-treated, neglected or sexually abused. The Dept of Education have issued Child Protection Guidelines and Procedures to all Schools which are based on the national guidelines contained in Children First. The aim of the guidelines is to give direction and guidance to school management and staff in dealing with allegations or suspicions of child abuse, with the protection and well being of the child being the most important consideration.
All schools must have documented procedures on Child Protection which must strive to achieve “best practice” but as a minimum meet the guidelines set out in Children First.
(g)Internet Usage
Technology has brought welcome advances in Education and is becoming an ever increasing feature of School life at all levels, however when used in an inappropriate manner it can create exposures for the Board not previously envisaged (eg breach of copyright, cyber bullying, pornography etc).
All Schools should have an Internet Usage Policy which clearly sets out what is considered acceptable use and what is considered unacceptable. The Policy should also set out the disciplinary procedures that will be followed where unacceptable usage occurs. The Policy should be agreed with the Parents Council where possible and issued to all pupils and Parents annually.
(h)Data Protection
All schools should acquaint themselves with the provisions of the Data Protection Act 1988 as amended by the Data Protection (Amendment) Act 2003 which governs the storage and processing of data. This legislation is of particular relevance to the recruitment process, the maintenance of employee records and potential litigation as a result of grievance, discipline or dismissal.
As Data Controllers schools are required to comply with the principles set out in the Data Protection Acts which govern areas such as what data can be retained, how it should be
stored, the rights of the Data Subject (i.e. the person to whom the data relates) and the purposes for which the data can be used. As with all the areas mentioned in this Chapter it is important that the School have a clearly documented policy in this area which is communicated to all members of the Board and Employees.
