Teacher unions yesterday welcomed plans to amend legislation that should make it easier for schools to expel and suspend disruptive pupils.
However, the unions indicated they would be seeking assurances that pupils involved in violence or threats of violence are not readmitted to a school.
In welcoming proposed changes to Section 29 of the Education Act, the Association of Secondary Teachers Ireland (ASTI) and the Teachers Union of Ireland (TUI) said they would be seeking a commitment to have serving and experienced teachers appointed to the appeals committee which deals with appeals against expulsions and suspensions.
The proposed new Bill will give priority to the overall needs of the schools community, instead of focusing on the rights of the individual student in a discipline appeals case. It follows continued complaints from teacher unions that the legislation, which allows an appeal against expulsion or suspension, has been tilted in favour of the misbehaved student.
Announcing details of the Bill yesterday, Minister for Education Mary Hanafin said it was of great importance that there is a correct balancing of students' rights to learn. The proposed Bill would require an appeals committee to take account of the educational interests of the student who is the subject of the appeal, when deciding on a case, she added.
"The Bill will also set out other factors that an appeals committee will have to consider including the reasonableness of efforts made by the school to enable the student to participate and benefit from education, the nature of the students behaviour - where this is an issue - and the safety, health and welfare of teachers, students and staff of the school," she said.
Declan Glynn, TUI assistant general secretary, said the union would be seeking to confirm that pupils cannot be reinstated solely on technicalities or procedural grounds. He added that panels should not normally recommend reinstatement of pupils in cases which involve violence or threats of violence against pupils or staff.
"Unless the forthcoming Guidelines to Schools on Codes of Behaviour from the National Education Welfare Board expressly recognise the legitimacy of short-term suspension and permanent exclusion, used propitiously, within a hierarchy of sanctions and a system of support for improving misbehaviour, then having a more balanced appeal process will be neither here nor there," he said.
ASTI general secretary John White said the union would seek further clarification on whether the appeals group will include teachers who have direct experience of discipline in schools.
While critical of the lack of funding designated for tackling the issue of a "discipline crisis" in schools, he added, however, that the funding granted and the proposed new Bill was a "minimal" but welcome development.