School attendance

Rules

Responsibilities of schools

Schools are obliged to keep a register of the students attending the school. They must also maintain attendance records for all students and inform the NEWB if a child is absent for more than 20 days in a school year.

The principal must also inform the NEWB if, in his/her view, a student has an attendance problem. This could arise if the student is not coming to school or if the student is suspended. You can read more about school discipline here. Schools can make returns to the NEWB online.

School Attendance Strategy

The Board of Management in each school is obliged to prepare a school attendance strategy and submit it to the NEWB.

This strategy will encourage, in a positive way, regular school attendance and an appreciation of learning within the school and will provide for:

• The rewarding of students who have good attendance records
• The identification of students who are at risk of dropping out at an early stage
• The establishment of closer contacts between the school and the families concerned
• The co-ordination with other schools of programmes aimed at promoting good behaviour and encouraging attendance
• The identification of aspects of the operation and management of the school and of the curriculum that may contribute to truancy and the removal of those aspects in so far as they are not necessary for the proper running of the school.

Enforcement

With the consent of the parents, the NEWB may arrange for an examination of the intellectual, emotional or physical development of a child. If the parent refuses consent, the NEWB may apply to the Circuit Court for an order that the examination be carried out. The Circuit Court may grant the order if it is satisfied that the child's behaviour, lack of educational progress or regular absence from school without a reasonable excuse warrants an examination.

Responsibilities and duties of parents

Under the Education Welfare Act 2000 parents must inform the school if their children will be absent from school on a school day and the reason for the absence, for example, illness. It is best to do this in writing. The NEWB strongly advises against taking children out of school to go on holiday during term-time.

Parents and guardians have a legal obligation to ensure that their child attends a school or otherwise receives an education. If the NEWB considers that a parent is failing in his or her obligation, it must send the parent a School Attendance Notice warning that legal action would follow if the child did not attend school regularly. Before doing this, it must make reasonable efforts to consult with the parents and the child. If the parent fails to comply, he or she may be prosecuted. If convicted, the parent may be fined €634.87 and/or imprisoned for a month and fined €253.95 for each subsequent day that he or she fails to send the child to school. If the parent claims that suitable alternative education is being provided, he or she must prove this. It will be a defence for the parents to show that they have made all reasonable efforts to send the child to school - in such cases, the Health Service Executive (HSE) must be informed.

The NEWB leaflet for parents Don't let your child miss out is available in 18 languages.

Education outside the school system

The Minister may prescribe minimum standards of education for those educated outside the recognised school system.

The NEWB is obliged to maintain a register of children who are receiving education but not attending a recognised school. In effect, this register will show the names of children who are being educated at home or in a non-recognised school - it is not a register of school dropouts.

Parents whose children are not attending a recognised school must register their child with the NEWB. If the parent agrees, the NEWB will then investigate the educational arrangements that have been made for the child and judge whether or not the child is receiving the prescribed minimum education. If the NEWB is satisfied, it may enter the child's name on the register.

If the NEWB is not satisfied, it may either:

• Require the parents to comply with its requirements in order to ensure that the child receives the prescribed minimum education and then register the child, or
• Refuse to register the child.

There are also provisions for removing a child's name from the register

Obligation to attend school

Parents do not have to send their children to a recognised school if:

• The child is on the register described above
• Parents have made an application have their child included on the register but a decision has not been made or an appeal is pending
• The child is being educated outside the state
• There is a good reason for the child not attending school

If the NEWB refuses to register a child, or requires an undertaking from a parent or removes a child from the register, the parent may appeal to the Minister. The Minister will appoint an appeal committee, which may decide to register the child, refuse to register the child or require an undertaking.

Where no appeal is brought, the NEWB must make every reasonable effort to have the child in question enrolled in another school. If this fails, the NEWB must ensure that the child receives a prescribed minimum education