How did Section 29 of the Education Act 1998 re-order the relationship between parents and schools? This study investigates the genesis of that statutory change and the practical workings of the appeal process for which it provided?

Abstract

How did Section 29 of the Education Act 1998 re-order the relationship between parents and schools? This study investigates the genesis of that statutory change and the practical workings of the appeal process for which it provided for. Irish society has moved away from the conservative ideology underpinning the foundation of the State and in the past twenty five years has become increasingly secularised. Deference to traditional institutions and attitudes, once the norm, began to disappear in a range of areas. That wider societal evolution has been felt in Irish education by a dilution of school independence and autonomy even where a school is informed by a particular religious ethos. This change has been driven by a desire to increase the role that parents play in school life, and in particular in respect of important decisions taken by schools in relation to the education of their children. Parental autonomy increasingly began to be seen as important and the passing of the Education Act, 1998 was a significant step to give effect to that. This study examines these developments specifically in the context of section. 29 of the 1998 Act which established, for the first time, a statutory right of appeal in respect of school management decisions in relation to admissions, suspensions and expulsions. One of the features of the traditional approach, where schools were largely autonomous in respect of decisions relating to admissions, suspensions and expulsions, was a perceived lack of transparency. Important decisions were taken on an ad hoc and informal basis and parents did not have available to them an effective mechanism through which such decisions could be challenged. Indeed, where issues could not be resolved with school management the only option available to those, who had the resources, was to challenge school decisions in the courts. The 1998 Act was a substantial re-ordering of the relationship between parents and schools and this study explores the genesis of that statutory change and the practical workings of the appeal process it provided for. The Act is part of a wider emphasis on accountability and transparency in respect of decision-makers. This study examines the effects of that development on schools and also explores the ‘on the ground’ experience of those who have experienced the process. The findings indicate a general willingness on the part of school management to operate the system in a positive way and further illustrates a recognition of the need to devise and promulgate clear policies in relation to admission, suspension and expulsion. It is also clear that the goals of accountability and transparency can be achieved without recourse to overly formal or legalistic practices and procedures.