Review of Section 37A of the Education Act 1998 – Minister can compel schools to open special classes – Have your say
- Published: 08 September 2022
The Department of Education has sought feedback from IPPN in relation to the procedures detailed in Section 37A of the Education Act, which gives the Minister the power to compel a school to open a special class or provide additional places. The DE is seeking recommendations as to how this process can be improved and has communicated directly with schools & patrons who were engaged in this process, as well as the NCSE and the Advisory group of the EPSEN Act review.
As part of this consultation, IPPN was asked to consider and respond to the following questions:
- What if any steps could be removed from the current Section 37A process?
- If such step(s) were removed, what impact would this have on the processes you were engaged in (if any)?
- What other changes, if any, would you recommend to the current Section 37A process?
- What consultations, if any, did your school (if applicable) hold with your school community in relation to the Section 37A process?
- Did the guidance available from PBU on planning and building works support the school where building works were required? If so can you outline any additional supports that would assist with same?
- What impact did the Section 37A process have on your school/ school community (if applicable)?
- How much time (approximately) was spent engaging in communications in relation to Section 37A process by your school/ members? (if applicable)
- If all communications were not required to be published, would this allow more open communication between the school and the Department of Education?
- Is there any additional feedback on the legislative process in relation to Section 37A?
IPPN would appreciate input from members on any of these questions by Friday 12th September. The submission has to be sent in a week later.
Update on COVID 19 for Schools – September 2022
- Published: 08 September 2022
The DE has issued the following updates in a letter to schools on 31 August 2022.
General Advice
Stay at home if you are unwell.
The best way to keep all viruses out of school is to stay at home if you are unwell and until your symptoms have substantially resolved for 48 hours.
- Maintain a good standard of hand hygiene
- Adhere to good respiratory etiquette
- Ensure good ventilation arrangements
- Continue to maintain good levels of cleaning.
PPE and Cleaning Grants
- Enhanced grants to cover cleaning and PPE will be paid to schools for Term 1 shortly.
- The rate of payment in respect of these grants will remain the same as last year. Cleaning and PPE will be combined into one grant.#There is no requirement to wear masks, but masks should continue to be provided to any staff member or student who wishes to wear them.
Ventilation
There is no change to the DE guidance on ventilation, last updated in May 2021. This guidance, and guidance on CO2 monitors is available HERE
COVID-19 Response Plan
The Department is currently revising the template COVID-19 Response plans and these will issue to schools shortly.
COVID-19 Special Leave with Pay – School Staff
The following circulars were issued in June 2022:
Circular 38/2022 - Coronavirus (COVID-19): Updated Working Arrangements for Teachers and Special Needs Assistants employed in recognised Primary and Post Primary schools
Circular 39/2022 - Coronavirus (COVID-19): Updated Working Arrangements for Staff Other Than Teachers and Special Needs Assistants employed in Education and Training Boards.
School leaders who are seeking information regarding COVID-19 in relation to staff should consult these circulars in the first instance. The following are two important takeaways from both circulars:
From 1st July 2022 the maximum Special Leave with Pay entitlement is 7 consecutive days in any one instance, after which the terms and conditions of the Sick Leave Scheme will apply where an employee remains medically unfit for work- Special Leave with Pay is not available to an employee with COVID-19 symptoms, following a negative COVID-19 antigen/PCR test result. This absence must be recorded by the employer as Sick Leave on the OLCS/relevant ETB system.
COVID-19 Special Leave with Pay – School Staff
Circular 40/2022 - COVID-19: Working Arrangements for Certain Higher Risk employees of Recognised Primary and Post Primary schools (issued 13 June 2022)
This circular notifies schools of very significant changes to the working arrangements of staff in the High Risk and Very High Risk categories. The circular should be consulted by school leaders where staff are in either category. Some important takeaways from the circular:
From 1 July 2022:
- All employees in the Very High Risk category and pregnant employees in the High Risk category working in SEN must attend the workplace if medically fit to do so
- Employers can no longer facilitate remote working
- Employers are required to carry out a workplace risk assessment of such employees.
2022/2023 Substitute Updates
- Published: 08 September 2022
There is growing evidence of a shortage of substitutes in primary schools. Unfortunately, many substitute panels have not filled and are unable to supply their schools. Schools turn to Sub Seeker as their first port of call. Sub Seeker is a service within EducationPosts.ie that facilitates the short-term recruitment of Teaching Council-registered teachers or any teacher with a registered Teaching Council number (including Routes 3, 4 and 5). During COVID times, the Department introduced some temporary measures to aid the supply of teachers for substitute work. Circulars and Information Notes covered these temporary measures. However, only some are still operational.
Job-Sharing Teachers/SNAs
A Job Sharing teacher may be employed to work in a substitute capacity in any school, during the period they are rostered off duty. (Info Note 0007-2022). Job Sharing SNAs are no longer being allowed to provide substitute cover as per DE Circular 0038/2022.
Career Break Teachers
In circular 38/2022 published in June 2022, the Department of Education confirmed that the limit of 90 days would be in place for 2022/23. Teachers on career break are restricted to substitute work only.
Student Teachers
3rd and 4th year undergraduate student teachers were registered by the Teaching Council under Route 5 and allowed to teach for more than the ‘5 day rule’. Please note that this temporary amendment to statute was strictly time limited, as its effect was from 15 February 2022 and expired on 30 June 2022. Circular 0016/2022 confirms that all exemptions for these student teachers on the ‘five day rule’ ended on 30 June 2022. Post-graduate student teachers who are registered with the TC using their primary degree are exempt from ‘5 day rule’.
Retired Teachers
There is no limit set to the amount of substitute/fixed term work a teacher can undertake after retirement. However, there is a restriction on the amount of salary a teacher can earn without it impacting on his/her pension. Throughout the public service, the principle of abatement applies. This principle ensures that combined earnings from the DES from pension and substitute/fixed term work cannot exceed the teacher’s pre-retirement salary. The DE introduced a waiver in Circular 3/2021, which states that abatement shall not apply to the salary of a teacher working up to 50 days in a calendar year. After this limit, abatement of salary may apply should the teacher’s pension, added to their annualised substitute/Fixed Term salary exceed their pre-retirement salary. Please note that, as of yet, IPPN is not aware that any such waiver has been issued for the current school year. It would not be the duty of the principal to clarify this. Rather the retired teacher himself or herself would need to contact the DE.
Unregistered Persons
The ‘5 day rule’ remains in place for the employment of all other unregistered persons as per S.I. No. 32 of 2014.
Annual Report - Highlights of 2021/2022
- Published: 01 September 2022
DE Fortnightly Update
- Published: 23 June 2022
The Department of Education now issues a fortnightly update during term-time, compiling the key circulars, information notes, press releases and other materials published in the previous two weeks.
This has come about as a result of ongoing advocacy and representation work by IPPN, unions, Patron bodies and others, working with the DE on the Primary Education Forum and also on the Communications Sub-committee.
This new update is intended to support school leaders, to ensure that they do not miss out on important information.
Materials will also continue to be issued to schools via email and through alerts on the OLCS Esinet portal.
Please ensure that the email address for your school is up-to-date on POD, as this is the distribution list used.
The email update comes from schoolcommunications@education.gov.ie This is a broadcast-only email address, so should not be used for queries to the Department, which can be sent to the relevant section.
The update will issue once each month in July and August, and will resume fortnightly in September.
