Education and the Law

  • Textbook
Education and the Law cover

Education and the Law

  • Textbook
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Legal issues encroach into almost every aspect of modern day education in Ireland. This practical book examines these legal issues surrounding teaching and education, such as tortuous liability for injuries to teachers and students, the employment of teachers, school discipline, bullying, freedom of information, and the State's responsibility for educating children with special educational needs.

Membership of the European Union has also resulted in many changes arising from the principles of free movement, non-discrimination and the common vocational training policy. These developments, as well as the key legislation (including the Education Act 1998, the Education (Welfare) Act 2000, the Education for Persons with Special Educational Needs Act 2004 and the Disability Act 2005) are examined in detail. Education and the Law also takes an historical look at the legal aspects of the education system in Ireland, and it traces the distinctive development of the Irish education system but it also looks at the future direction of education in Ireland and at the likely impact of equality law, human rights law and membership of the enlarged European Community on Ireland's largely denominational education system.

Table of Contents

Chapter 1 Education in Ireland: A Changing Context
Part 1 Pluralism and Education
Part 2 Abstracting the Structures: Transfer of Powers to Irish Free State in 1922
Chapter 2 The Structure of Irish Education: an Historical Outline
Part I: Educational Developments Prior to 1922
Part II: Educational Provision after 1922
Chapter 3 Education and the 1937 Constitution: Ideological Background and Case Law
Part I: The Constitution of Ireland 1937
Part II: Tensions in Contemporary Education
Chapter 4 Educational Provision and the Constitution
Chapter 5 Educational Provision for Children with Disability and Special Educational Needs: a Comparative Perspective
Chapter 6 The Education Act 1998 and Amending Legislation
Part I: Background to the Education Act 1998
Part II: The Education Act 1998
Part III: The Inspectorate
Part IV: Boards of Management
Part V: The Principal and Teachers
Part VI: Examinations
Chapter 7 European Community Competence in Education
Chapter 8 Human Rights and Education in International Law
Chapter 9 The Teacher's Duty of Care: Part 1: Negligence
Chapter 10 The Teacher's Duty of Care: Part 2: School Discipline
Chapter 11 Employment Law Relating to Teachers in Ireland
Part I Early Collective Action: Organisation
Part II Protections for Certain Religious Bodies in Legislation
Part III Legislation for the Protection of Employees
Chapter 12 Privacy and Confidentiality: Freedom of Information, Data Protection and Related Matters
Chapter 13 Equality and Non-Discrimination: Implications for First and Second Level Schools
Appendix A: The Stanley Letter
Appendix B: The O'Neill Letter
Appendix C: Education (Miscellaneous Provisions) Act 2007
Appendix D: Education and Training Boards Bill 2011
Appendix E: Education (Amendment) Act 2012
Appendix F: Religion & Education: A Human Rights Perspective

Product details

Published 25 Oct 2019
Format Ebook (PDF)
Edition 2nd
Extent 944
ISBN 9781526514400
Imprint Bloomsbury Professional
Publisher Bloomsbury Publishing

About the contributors


Dympna Glendenning

Dr Dympna Glendenning BA, HDip(Ed), MEd, PhD, Barr…