14.—(1) The Board shall, on the commencement of this section, cause to be
established and maintained a register of all children in receipt of education in a
place other than a recognised school (hereafter in this section referred to as ‘‘the
register’’).
(2) Subject to subsection (3), where a parent chooses to educate, or have
educated, his or her child in a place other than a recognised school he or she
shall, in accordance with this section, apply to the Board to have the child
concerned registered in the register.
(3) The parent of a child who immediately before the commencement of this
section is being educated in a place other than a recognised school shall, if he or
she wishes the child to continue to be so educated, apply, not later than 3 months
after such commencement, to the Board to have the child concerned registered in
the register.
(4) An application under this section shall—
(a) be in writing,
(b) specify the place at which the child receives the education to which the
application relates, and
(c) comply with such requirements (if any) as may be prescribed by the
Minister or developed by the Board with the approval of the Minister.
(5) As soon as practicable after an application under this section is received by the
Board, the Board shall, for the purpose of determining whether the child is receiving
a certain minimum education, cause an authorised person to carry out, in
consultation with the parent who made the application, an assessment of—
(a) the education that is being provided, or that it is proposed will be
provided, to the child,
(b) the materials used, or that it is proposed will be used, in the provision
of such education, and
(c) the time spent, or that it is proposed will be spent, in the provision of
such education,
and if, after receiving a report under subsection (8) in respect of such assessment,
the Board is of opinion that it is unable to determine the said matter, it shall, with
the consent of the said parent, cause an authorised person to—
(i) enter the place at which the child is being educated and observe the
child receiving the education that is being provided to him or her,
(ii) inspect such premises, equipment and materials as are used in the
provision of education to the child, and
(iii) carry out an assessment of the child, in the said place or such other
place as the Board considers appropriate, as to his or her intellectual,
emotional and physical development, which shall include an
assessment of his or her knowledge and understanding of such
subjects, and proficiency in such exercises and disciplines, as the
authorised person considers appropriate,
and the performance of any or all of the functions referred to in this subsection by
an authorised person is hereafter referred to in this section as an ‘‘assessment’’.
(6) Where the Board, having received a report submitted under this section in
respect of a child who is a student at a school other than a recognised school, is
satisfied that the school is providing a certain minimum education to children who
are students at that school it may, without carrying out any further assessments,
register any or all of such children in the register, provided that the school
concerned notifies the Board in writing that the children concerned are students at
that school.
(7) An authorised person may, in respect of a registered child, carry out
assessments at such intervals (if any) as may be specified by the Board, and
accordingly subsection (5) shall apply with the necessary modifications.
(8) An authorised person shall, as soon as may be after completing an
assessment under this section, prepare and submit to the Board a report of his or
her findings in relation to such assessment.
(9) The Board shall serve a copy of a report received by it under this section on the
parent of the child to whom the report relates and shall invite such parent to make
representations to the Board concerning the matters to which the report relates.
(10) As soon as may be after considering a report submitted under this section, in
respect of a child to whom an application under this section relates, and any
representations made to it by the parent of the child concerned, the Board shall—
(a) if satisfied that the child concerned is receiving a certain minimum
education, register the child concerned in the register, or
(b) if not so satisfied—
(i) register the child in the register subject to the parent of the child
undertaking to comply with such requirements of the Board as in
its opinion will ensure that the child receives a certain minimum
education, or
(ii) refuse to register the child concerned in the register.
(11) An undertaking to which paragraph (b)(i) of subsection (10) applies shall be in
writing and shall be given within such period as may be specified by the Board.
(12) After considering a report submitted under this section in respect of a
registered child, and any representations made to it by the parent of the child
concerned, the Board shall—
(a) if not satisfied that the child is receiving a certain minimum education—
(i) remove the child’s name from the register, or
(ii) require the parent of the child to undertake in writing to comply with
such conditions as, in the opinion of the Board, will ensure that
the child receives a certain minimum education,
or
(b) if not satisfied that the parent of the child is abiding by an undertaking given
pursuant to paragraph (b)(i) of subsection (10), or paragraph (a)(ii) or complying
with a requirement under section 15(6)(c), remove the child’s name from the
register.
(13) Where the parent of a child fails or refuses—
(a) to give his or her consent to the carrying out, within such period as may
be specified by the Board, of an assessment in accordance with
subsection (5) or (7), or
(b) to give an authorised person such assistance as he or she may
require for the purpose of carrying out an assessment,
the Board shall—
(i) in the case of an application to have that child registered in the
register, refuse to so register the child, or
(ii) in the case of a registered child, remove his or her name from the
register maintained under this section.
(14) Where the Board decides to register a child under paragraph (a) or (b)(i) of
subsection (10), it shall cause the name of the child and such other particulars as
may be prescribed by the Minister to be entered in the register and the child shall
thereupon be registered for the purposes of this section.
(15) The parent of a registered child shall, if a particular entered in the register in
accordance with subsection (14) ceases to be correct, so inform the Board as soon
as may be.
(16) The Board shall not remove a child’s name from the register solely on the
ground that the child concerned is prevented from receiving a certain minimum
education due to illness, whether of a permanent or temporary nature.
(17) The Board shall, as soon as may be after registering under paragraph (a) or (b)
(i) of subsection (10) a child who is registered at a recognised school, so inform by
notice in writing the principal of that school, and the principal concerned shall, on
receipt of such notification, remove the child’s name from the register maintained
under section 20 in respect of the school concerned.
(18) The Board shall, in the performance of its functions under this section, have
regard to such guidelines as may be issued, or such recommendations as may be
made, by the Minister under section 16.
(19) This section does not apply to—
(a) a child who is being educated at a school outside the State,
or
(b) a child who is participating in a programme of education, training,
instruction or work experience prescribed by the Minister.
(20) (a) In this section—
‘‘authorised person’’ means an inspector, educational welfare officer or a
person appointed by the Board to perform the functions of an authorised
person under this section;
‘‘registered child’’ means a child who, for the time being, is registered in
the register in accordance with this section.
(b) For the purposes of this section, the registering of a child in the register
shall consist of the entering, in the register, of his or her name and such
other particulars relating to the child as may be determined by the Board.
established and maintained a register of all children in receipt of education in a
place other than a recognised school (hereafter in this section referred to as ‘‘the
register’’).
(2) Subject to subsection (3), where a parent chooses to educate, or have
educated, his or her child in a place other than a recognised school he or she
shall, in accordance with this section, apply to the Board to have the child
concerned registered in the register.
(3) The parent of a child who immediately before the commencement of this
section is being educated in a place other than a recognised school shall, if he or
she wishes the child to continue to be so educated, apply, not later than 3 months
after such commencement, to the Board to have the child concerned registered in
the register.
(4) An application under this section shall—
(a) be in writing,
(b) specify the place at which the child receives the education to which the
application relates, and
(c) comply with such requirements (if any) as may be prescribed by the
Minister or developed by the Board with the approval of the Minister.
(5) As soon as practicable after an application under this section is received by the
Board, the Board shall, for the purpose of determining whether the child is receiving
a certain minimum education, cause an authorised person to carry out, in
consultation with the parent who made the application, an assessment of—
(a) the education that is being provided, or that it is proposed will be
provided, to the child,
(b) the materials used, or that it is proposed will be used, in the provision
of such education, and
(c) the time spent, or that it is proposed will be spent, in the provision of
such education,
and if, after receiving a report under subsection (8) in respect of such assessment,
the Board is of opinion that it is unable to determine the said matter, it shall, with
the consent of the said parent, cause an authorised person to—
(i) enter the place at which the child is being educated and observe the
child receiving the education that is being provided to him or her,
(ii) inspect such premises, equipment and materials as are used in the
provision of education to the child, and
(iii) carry out an assessment of the child, in the said place or such other
place as the Board considers appropriate, as to his or her intellectual,
emotional and physical development, which shall include an
assessment of his or her knowledge and understanding of such
subjects, and proficiency in such exercises and disciplines, as the
authorised person considers appropriate,
and the performance of any or all of the functions referred to in this subsection by
an authorised person is hereafter referred to in this section as an ‘‘assessment’’.
(6) Where the Board, having received a report submitted under this section in
respect of a child who is a student at a school other than a recognised school, is
satisfied that the school is providing a certain minimum education to children who
are students at that school it may, without carrying out any further assessments,
register any or all of such children in the register, provided that the school
concerned notifies the Board in writing that the children concerned are students at
that school.
(7) An authorised person may, in respect of a registered child, carry out
assessments at such intervals (if any) as may be specified by the Board, and
accordingly subsection (5) shall apply with the necessary modifications.
(8) An authorised person shall, as soon as may be after completing an
assessment under this section, prepare and submit to the Board a report of his or
her findings in relation to such assessment.
(9) The Board shall serve a copy of a report received by it under this section on the
parent of the child to whom the report relates and shall invite such parent to make
representations to the Board concerning the matters to which the report relates.
(10) As soon as may be after considering a report submitted under this section, in
respect of a child to whom an application under this section relates, and any
representations made to it by the parent of the child concerned, the Board shall—
(a) if satisfied that the child concerned is receiving a certain minimum
education, register the child concerned in the register, or
(b) if not so satisfied—
(i) register the child in the register subject to the parent of the child
undertaking to comply with such requirements of the Board as in
its opinion will ensure that the child receives a certain minimum
education, or
(ii) refuse to register the child concerned in the register.
(11) An undertaking to which paragraph (b)(i) of subsection (10) applies shall be in
writing and shall be given within such period as may be specified by the Board.
(12) After considering a report submitted under this section in respect of a
registered child, and any representations made to it by the parent of the child
concerned, the Board shall—
(a) if not satisfied that the child is receiving a certain minimum education—
(i) remove the child’s name from the register, or
(ii) require the parent of the child to undertake in writing to comply with
such conditions as, in the opinion of the Board, will ensure that
the child receives a certain minimum education,
or
(b) if not satisfied that the parent of the child is abiding by an undertaking given
pursuant to paragraph (b)(i) of subsection (10), or paragraph (a)(ii) or complying
with a requirement under section 15(6)(c), remove the child’s name from the
register.
(13) Where the parent of a child fails or refuses—
(a) to give his or her consent to the carrying out, within such period as may
be specified by the Board, of an assessment in accordance with
subsection (5) or (7), or
(b) to give an authorised person such assistance as he or she may
require for the purpose of carrying out an assessment,
the Board shall—
(i) in the case of an application to have that child registered in the
register, refuse to so register the child, or
(ii) in the case of a registered child, remove his or her name from the
register maintained under this section.
(14) Where the Board decides to register a child under paragraph (a) or (b)(i) of
subsection (10), it shall cause the name of the child and such other particulars as
may be prescribed by the Minister to be entered in the register and the child shall
thereupon be registered for the purposes of this section.
(15) The parent of a registered child shall, if a particular entered in the register in
accordance with subsection (14) ceases to be correct, so inform the Board as soon
as may be.
(16) The Board shall not remove a child’s name from the register solely on the
ground that the child concerned is prevented from receiving a certain minimum
education due to illness, whether of a permanent or temporary nature.
(17) The Board shall, as soon as may be after registering under paragraph (a) or (b)
(i) of subsection (10) a child who is registered at a recognised school, so inform by
notice in writing the principal of that school, and the principal concerned shall, on
receipt of such notification, remove the child’s name from the register maintained
under section 20 in respect of the school concerned.
(18) The Board shall, in the performance of its functions under this section, have
regard to such guidelines as may be issued, or such recommendations as may be
made, by the Minister under section 16.
(19) This section does not apply to—
(a) a child who is being educated at a school outside the State,
or
(b) a child who is participating in a programme of education, training,
instruction or work experience prescribed by the Minister.
(20) (a) In this section—
‘‘authorised person’’ means an inspector, educational welfare officer or a
person appointed by the Board to perform the functions of an authorised
person under this section;
‘‘registered child’’ means a child who, for the time being, is registered in
the register in accordance with this section.
(b) For the purposes of this section, the registering of a child in the register
shall consist of the entering, in the register, of his or her name and such
other particulars relating to the child as may be determined by the Board.
| HEN Ireland October 2006 Home - About us - Contact us - Learn about HE |
Register of children
receiving education
in a place other
than a school.
receiving education
in a place other
than a school.
| PART III Educational Welfare and Compulsory School Attendance |
| Education (Welfare) Act, 2000. |
| Education (Welfare) Act, 2000 HEN Ireland |
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