The Department of Education may be forced to release inspectors' reports on the quality of teaching and the progress of pupils in individual schools, following a decision by the Information Commissioner, Mr Kevin Murphy.
Mr Murphy said it was difficult to see why the Department should not release the reports to parents, the media and the wider public under the Freedom of Information Act.
The reports will be compiled when schools are examined under the new Whole School Evaluation (WSE), which is to be introduced to all second-level schools soon.
"I want to make it clear that the Department cannot negotiate away rights conferred by the Freedom of Information Act. Neither can such groups as teachers or school management impose vetoes designed to prevent the public exercising those rights," Mr Murphy said.
His comments are included in his judgment on an appeal by the Sunday Times against the Department's decision to deny it access to reports compiled during the pilot stage of WSE.
While Mr Murphy upheld the Department's decision, because the few schools in the pilot study believed the results would not be published, he said there appeared to be strong public interest in the Department releasing reports compiled when WSE is fully implemented.
The Irish Times has also appealed the Department's decision to refuse to release the reports from the pilot stage.
Mr Murphy said one reason he saw for releasing future reports was that the Department's role in providing resources could be open to public scrutiny.
The disclosure of in-depth information on individual schools has been strongly resisted by the Department and many teachers. Parental access to WSE reports on local schools would be a big increase in the information available to them now.
WSE reports contain information on the "social and personal progress" of pupils, the quality of teaching and parental involvement in school activities. They are compiled after inspectors visit schools where they sit in on lessons and examine the curriculum.
Mr Murphy said: "Given the vast expenditure of public funds on the education system, it can hardly be argued that what goes on in a school is always the business only of the board of management, teachers, parents or pupils."
Under the Freedom of Information Act, parties refused information twice by a government department or agency are entitled to appeal the decision to Mr Murphy, who can overturn or uphold the original finding.
Inspectors can refer to the overall standard of teaching at a school, which has prompted widespread concern over WSE among teachers.
The Sunday Times applied to Mr Murphy in October 1998 for the pilot stage reports after access was denied twice by the Department. In its submission it said the public paid teachers' salaries and their children attended the schools and so the public had a right to know how schools were performing. It said such information should not be the preserve of civil servants.
The Department's submission to Mr Murphy said schools had agreed to participate in WSE on a confidential basis. It said teacher unions might withdraw their co-operation with WSE if the information was released.
Emmet Oliver can be reached at eoliver@irish-times.ie