The Cabinet has approved plans that should make it easier for schools to expel and suspend disruptive pupils. The move is seen as a response to what the teacher unions and school managers see as the growing "discipline crisis" in second-level schools.
The amending legislation follows complaints from teachers, school principals and others that the existing legislation can make it very difficult to expel even the most troublesome pupils.
On the basis of proposals tabled by the Minister for Education, Mary Hanafin, the Government has agreed to amend Section 29 of the Education Act.
This allows parents to lodge an appeal when a school board of management moves to expel or suspend a pupil.
Essentially, the amending legislation gives a new priority to the overall needs of the school community - instead of focusing on the rights of the individual student.
Section 29 appeals are heard by a three-person committee, which includes a Department of Education inspector and two independent education professionals.
Pressure for radical change in Section 29 has been building for several years amid complaints from schools that it was often virtually impossible to remove persistently disruptive pupils as parents successfully appealed.
The problem reached a crisis point last year, when a 14-year-old student, who threatened a teacher with a hammer, was allowed return to his school after successfully appealing his expulsion.
The boy in question, who attends a Munster school, has also stabbed a fellow pupil with a pen and been found in possession of knives on the school grounds.
His successful appeal provoked outrage among teachers at the school.
Earlier this year, a Teachers' Union of Ireland (TUI) survey found that one in five teachers was threatened or intimidated by students and most had their classes seriously disrupted during one week in Irish schools in February.
The survey of over 1,000 teachers revealed a disturbing level of violence, bullying and disruption.
Some 21 per cent of teachers witnessed physical violence by students on a fellow pupil during the week in question.
The amending legislation is in line with changes recommended by the Government Task Force on Student Behaviour, which reported on the discipline problem in schools earlier this year. The new Bill sets out a range of factors which the appeals committee must consider. These include:
• The importance of balancing the educational interests of the student taking the appeal with the educational interests of other students in the school;
• The nature of the students behaviour;
• The reasonableness of efforts made by the school;
• The safety, health and welfare of the teachers and students;
The overall legal framework such as schools policies and compliance with principles of equality, ministerial regulations under the Education Acts and guidelines on codes of behaviour and school attendance strategies.
The Bill will also move to shorten the time allowed for appeals in the case of expulsion and suspension.
This follows complaints from teachers and others that the current process is cumbersome and slow moving.
The Bill also deals with school enrolment policies. Under Section 29, parents can appeal a decision by a school to refuse enrolment if they believe they are being discriminated against on the basis of social background or the academic ability of their child.
Earlier this year, the Minister expressed concern about some schools who are refusing to take their fair share of special needs pupils.
The new Bill will also extend the application of section 29 of the Education Act to situations where a child is refused enrolment to an all-Irish language school.
