The discipline crisis in second-level schools is set to intensify unless laws which protect continuously disruptive pupils are changed, a high-level taskforce on discipline will hear later today.
In a strongly worded presentation, the Teachers Union of Ireland (TUI) will report that existing legislation is "causing paralysis in schools, strangling routine decision-making and the application of fair and reasonable sanctions".
A draft submission to the taskforce, seen by The Irish Times, also expresses concern that much of education legislation overemphasises the rights of individual students.
"TUI is concerned that this is at the expense of concepts of rights . . . which comprises all the partners to education - students, teachers, parents and management," it states. "We believe that the learning process is impoverished where there is excessive attention to individuals, rather than the community of willing learners."
As a result, the union believes supplementary legislation is needed to outline the rights and responsibilities of all - not solely what teachers and schools have to do. Such legislation, it believes, would impact positively on schools and enhance teaching and learning.
In addition the TUI, which represents over 13,000 teachers at second and third level, wants the taskforce to examine the possibility of legally enforceable "educational contracts" between the home and the school. In Canada and Spain pupils' obligations are set down in law.
Contracts would contain a formal commitment and undertaking by the school to meet the educational needs of the student and a reciprocal commitment by parents and pupils.
Typical areas covered might include diligence in the pursuit of studies, regular and punctual attendance, co-operating fully, and respect for the rights of others.
Among the other recommendations which the union will make in its oral presentation to the taskforce later today are:
That every effort be made to keep all but a small number of severely disruptive pupils within the normal school setting by providing interventions and supports to schools. These should include short-stay units aimed at addressing difficulties, with a view to an early return to school.
The provision of an in-school, out-of-class withdrawal facility for spontaneous incidents of moderate misbehaviour which cannot be managed in the classroom without disrupting others.
Funding for teachers to be on-call at any one time to deal with a misbehaved pupil.
Smaller class sizes - large classes diminish the time available to teachers to deal with individual students' needs.
The taskforce on student behaviour at second level was set up earlier this year by Minister for Education Mary Hanafin.
Chaired by Dr Maeve Martin of NUI Maynooth, it is due to make preliminary recommendations to Ms Hanafin by this summer with final recommendations expected by the end of the year.