EDUCATION ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

 

PART II
Minister's Powers and Advisory Bodies

   3   General powers of the Minister

   4   Particular powers

   5   Establishment and constitution of the Teachers Service Commission

   6   Special committees

 

PART III
The Statutory System of' Education

   7   Stages of the statutory system of public education

   8   Educational Boards

   9   Management of public educational institutions

   10   Minister's power to alter endowments

   11   Certain educational interests to be protected in schemes

   12   When scheme requires assent of governing body

   13   Procedure with regard to schemes

   14   [Repealed by Act 19 of 1980.]

   15   Loans to aided educational institutions

   16   Transfer of educational institutions to new sites

   17   Requirements to be fulfilled by public educational institutions

   18   Conscience clause

   19   Registration of students

   20   Declaration of compulsory education areas and compulsory school age

   21   Duty of parents to secure education of their children

   22   School attendance orders

   23   Authorisation and powers of Attendance Officers

   24   Children requiring special educational treatment

 

PART IV
Independent Schools

   25   Registration of independent schools

   26   Independent Schools Committee

   27   Notices of complaint

   28   Determination of complaints

   29   Appeal to Minister

   30   Enforcement

   31   Removal of disqualifications

 

PART V
Registration and Discipline of Teachers

   32   Functions of the Teachers Service Commission

   33   Persons who may teach in a public educational institution

   34   Registration of teachers

   35   Grounds for refusal of registration

   36   Authorised teachers

   37   Appeals Tribunal

   38   Disciplinary penalties

 

PART VI
General

   39   Inspection of educational institutions

   40   Enquiry into management of endowed institutions

   41   Approval required for disposal of property included in endowment

   42   Certificate of age

   43   Regulations

   44   Wishes of parents to be considered in education of students

      SCHEDULES

 

THE EDUCATION ACT

[Date of Commencement: 16th December, 1965]

Acts
41 of 1965,
41 of 1975,
19 of 1980.

LNs
149/78,
64/80.

PART I
Preliminary

1   Short title

   This Act may be cited as the Education Act.

2   Interpretation

   In this Act, unless the context otherwise requires-

   "aided educational institution" means any educational institution which the Minister assists in maintaining;

   "all-age school" means a school that offers a course of educational training for students of ages six to fifteen years;

[19/1980 s 2(b).]

   "authorised teacher" means a person registered as such under section 36 and employed as a teacher in a public educational institution,

[19/1980 s 2(b).]

   "Board of Management" means, in relation to any public educational institution, the Board of Management of that institution

[19/1980 s 2(b).]

   "child" means a person who has not attained the age of fifteen years;

   "Commission" means the Teachers Service Commission established pursuant to section 5:

[19/1980 s 2(b).]

   "community college" means an educational institution providing tertiary education and offering a wide variety of professional, para-professional, vocational and academic programmes, or any of them, based upon the needs of the community in which the college is based:

[19/1980 s 2(b).]

   "compulsory school age" means, in relation to any compulsory education area, the ages between which all children residing in such area are declared, under section 20, to be of compulsory school age;

   "conscience clause" means section 18;

   "educational institution" means any school, technical institution, training centre, teachers college, community college, institution of higher education or such other institution as may be prescribed:

[19/1980 s 2(b).]

   "endowed educational institution" means any educational institution which is wholly or partially maintained by means of any endowment but does not include-

   (a)   any educational institution the endowment of which is applicable and applied solely for the education of persons being trained to be ministers of any religious denomination; or

   (b)   any educational institution which is maintained wholly or partially out of annual voluntary subscriptions and has no endowment other than the premises thereof;

   "functions" includes powers and duties;

[19/1980 s 2(b).]

   "high school" means any secondary school classified by the Minister as a high school;

   "independent school" means any school at which education is provided for twenty or more students between the ages of eight years and nineteen years, not being a public educational institution

[191/980 s 2(c).]

   "the Independent Schools Committee" means the Independent Schools Committee established under section 26;

   "parent" in relation to any child, includes a guardian and every person who has the actual custody of the child;

   "pre-trained teacher" means a person employed, or seeking appointment, as a teacher in a public educational institution who has not pursued, either at a teachers college or some other institution recognised by the Minister as providing training for teachers, a programme of training which included a course in teaching theory and practice;

[19/1980 s 2(b).]

   "pre-primary school" means a school (or a department of a school) which offers a course of educational training and experience for students who, at the commencement of any school year, have not attained the age of six years;

[19/1980 s 2(b).]

   "primary education" has the meaning assigned to that expression by section 7;

   "primary school" means a school (or department of a school) that offers not less than a five-year course of educational training and experience for students of ages six to twelve Years:

[19/1980 s 2(b).]

   "primary student" means a student who, at the commencement of any school year, has not attained the age of twelve years:

[19/1980 s 2(b).]

   "public educational institution" means any educational institution which is maintained by the Minister and includes any aided educational institution;

   "school", where used without qualification, means an institution for providing primary or secondary education or both primary and secondary education;

   "school year" means such period, not exceeding twelve months, as may from time to time be prescribed as a school year for the purposes of administering this Act;

   "secondary education" has the meaning assigned to that expression by section 7;

   "secondary school" means a school (or department of a school) that offers not less than a five-year course of educational training and experience for students who have attained the age of eleven years

[19/1980 s 2(b).]

   "secondary student" means a student who-

[19/1980 s 2(b).]

   (a)   at the commencement of any school year, has attained the age of twelve years and is under the age of thirteen years, or

   (b)   will attain the age of twelve years by the 31st of December in the year in which he is admitted to school;

   "student" means a person for whom education is provided under this Act;

[19/1980 s 2(b).]

   "teachers college" means any institution established for the purpose of training teachers for service in public educational institutions;

   "technical institution" means any college, high school or other institution established for the purpose of providing for studies, training or research in technology, science, commerce, dance, music or art, or such other discipline as may be prescribed

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