Education Rights

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When can I leave school?

A child can leave school at the age of 16 or once they have completed the junior cycle (Junior Certificate).

Can I see my school record?

The Education Act 1998 requires schools to make school records available to parents of a student or to students themselves who have reached the age of 18.

What can I do if I'm being bullied in school?

The boards of management of schools must have policies in place to deal with bullying. A school must have a code of practice that identifies what action a school will take if its anti-bullying policy has been breached. Existing sexual harassment legislation also requires schools to put in place policies that protect both staff and students. Both parents and students should have access to the code of behaviour and are encouraged to contribute to the code.

Can you tell me about my School’s Code of Behaviour?

The Education Act 2000, requires every school to have a Code of Behaviour in place. The Act requires the Board of Management to consult with the principal, teachers, parents and the educational welfare officer in preparing the code of behaviour. The National Education Welfare Board has published guidelines on writing a code of behaviour. (http://www.newb.ie/downloads/pdf/guidelines_school_codes_eng.pdf).

What are my Rights in Relation to Suspension and Expulsion from School?

If a school has decided to exclude (expel) a student, they must notify the appropriate education welfare officer, who must then make every effort to ensure the continued education of the student (Education Welfare Act 2000, Section 24.2). This includes arranging a meeting with the principal, student, parents and so on, as well as other parties if necessary. The school can suspend the student for the 20 school-day period if the board deems this to be in the interest of the school. So the student cannot be excluded before the official 20-day suspension period has elapsed.

Despite the qualifying provision in the Constitution (Article 42.3.2) that a child is entitled to receive a 'certain minimum education'. Although it has been discussed in numerous Supreme Court decisions, it has not been defined either by the Courts or through legislation.

The Education Welfare Act 2000 establishes the minimum school leaving age as 16 years, or whenever three years of post-primary education has been completed (so it could be up to 18).  However, the National Education Welfare Board is responsible for ensuring every child in the state receives an appropriate education and the Board has a responsibility in terms of early school leavers who leave formal education to work, and in relation to a suspended child.

For more information contact:

The National Educational Welfare Board
The Irish National Teachers' Organisation
The Association of Secondary Teachers Ireland
The National Parents Council Primary
The National Parents Council Post Primary 

Website categories: 
Childrens Rights in Ireland