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.
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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 Appendices 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