Challenging Situations for Teachers

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Legal, Industrial Relations
Section & Equality Section
[LIRE]
Anne McElduff
L.L.B., B.L.
LIRE Section
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Anne McElduff ( AGS)
Deirdre O’Connor ( Senior Official)
Audrey Cullen AO
Niamh Cooper EO
Colette Cassidy CO
Fergal Mawe CO
Andrew Bowen/ Hazel O’Connor ( Interns)
LIRE POLICY AREAS
• Teaching Council
– Registration
– Droichead
– Fitness to Teach
• Bullying
• Pluralism and Patronage
• School Admissions, School Records
• Child Protection
• Inspectors
• Complaints against Teachers
• Implementation of Legislation
• Equality
Agreed Procedures
• Parental Complaints Procedure
• Working Together (Staff Relations/ Bullying/
Grievance)
• Appointments (Appendix D of Constitution of
Boards and Rules of Procedure 2011)
• Child Protection 2011- DES Circular 65/2001
• Disciplinary Procedures under Section 24.3 of the
Ed. Act- Circular 60/2009
LIRE Queries 2008-2013
LIRE Queries
• 38% of Queries from PT/DP
• Rota in the section
• Response time in line with INTO service plan
– Response on the day/ within 24 hours
• Queries on serious matters prioritised e.g child
protection, disciplinary matters
LIRE Query Topics
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Child Protection
Data Protection /Freedom of Information
Employment Contracts
Appointment Procedures
Pupil Enrolment
Equality
Family Law
Health and Safety
Staff Relations
LIRE Query Topics
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NEWB/Reporting Student Absences
Personal Injury
Boards of Management (Rules & Con)
Pupil Behaviour and Discipline
Inspection
Parental Complaints/ Disciplinary procedures
Teaching Council General
Sample Queries
• How do I respond to a parental complaint?
• Are parents entitled to copy of my diary notes of
meetings/conversations with them?
• Must I comply with all requests from my Principal?
• There is a clause in my contract which says the Board
of Management can vary my duties and
responsibilities – is that correct?
Sample Queries
• Am I now be entitled to a Contract of Indefinite
Duration (CID) after 3 years?
• Can the Teaching Council suspend me if there is
a case against me?
• How can I deal with a persistent complaint of
cyber bullying in class?
Cases 2013- All members- 2013
RATIO OF CASES TEACHERS TO
PRINCIPALS
35%
Teacher
Principal
65%
INTO Customer Service Charter
• Queries dealt with in courteous, friendly and
confidential manner
• Accurate, reliable info and advice
• Priority for urgent queries
• Callback on the day/ day following
• 3 days, no response, text/ voicemail advising of
this
• Consultations as required
• Complaints to GS
Intouch, Jan/ Feb 2013
Complaints Procedure INTO
Website
Categories of Law
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Education Law
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Employment Law
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Equality Law
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Data/Information Law
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Criminal Law/Civil Law
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