Managing Behaviour Section 29 Appeals Learning Intentions Principles

Managing Behaviour & Section 29 Appeals

Learning Intentions • Principles for positive behaviour management • School wide approach to behaviour management • Managing Section 29 Appeals Induction Programme for New Principals and Deputy Principals

Code of Behaviour • The Board of Management of each recognised school is required to prepare a Code of Behaviour for the pupils at the School. Section 23(i) of the Education (Welfare) Act 2000. • A Code of Behaviour is essential in promoting positive behaviour among students. • The NEWB published Developing a Code of Behaviour Guidelines for Schools in May 2008 • These are statutory guidelines Induction Programme for New Principals and Deputy Principals

Principles underpinning an effective Code of Behaviour Climate that encourages good behaviour A positive and safe environment Welfare of students and staff Promoting equality Students and staff take responsibility for their learning and their behaviour Helping young people to mature into responsible participating citizens Building positive relationships of mutual respect and mutual support among students staff and parents Ensuring that the school’s high expectations for the behaviour of all the members of the school community are widely known and understood Induction Programme for New Principals and Deputy Principals

Roles and responsibilities of staff members in relation to behaviour Staff model the school’s standards of behaviour Parents are expected to model the standards and support the standards Students are provided with opportunities to think and talk about behaviour, learning and rules Induction Programme for New Principals and Deputy Principals

Focus of Code of Behaviour • Code is to help to promote • The school ethos, relationships, policies, practices and procedures that: • encourage good behaviour and prevent unacceptable behaviour • Board of Management • Responsibility for ensuring that • A code of behaviour is prepared in the school The code expresses the: • • Vision Mission and Values of the school The Code is a key tool in helping to support the learning of every student in the School. Induction Programme for New Principals and Deputy Principals

Section 29 Appeals Principles of Managing Behaviour Policy & Procedures for Expulsion Policy & Procedures for Suspension COB Policy Schools plan for promoting positive behaviour Expectations for behaviour Consequences Rewards Induction Programme for New Principals and Deputy Principals

Anti. Bullying Guidelines Special Education Needs Policy Substance Misuse Policy Key Polices linked to COB Digital Technology Policy Child Protection Guidelines Campus Security Policy Induction Programme for New Principals and Deputy Principals

Content of Code of Behaviour (S 23(2) EWA P. 3 of Guidelines • A Code of Behaviour is to include: ~ The standards of behaviour that shall be observed by each student attending the school ~ The measures (sanctions) that may be taken when a student fails or refuses to observe those standards ~ The procedures to be followed before a student may be suspended or expelled from the school concerned ~ The grounds for removing a suspension imposed on a student ~ The procedures to be followed relating to notification of a child’s absence from school. Induction Programme for New Principals and Deputy Principals

Expectations for Student Behaviour Sample 1. 2. 3. 4. 5. That you come to school/college every day and arrive on time and attend all classes That you come to school/college in full uniform, clean and tidy including appropriate footwear. That you come in properly prepared for your subjects That you co-operate in the classroom and have a positive attitude to classwork, homework and all extra-curricular activities That you have respect and consideration for other students Induction Programme for New Principals and Deputy Principals

Expectations for Student Behaviour Sample (contd) 6. That you have respect, consideration and good manners in your dealings with teachers, other staff members, visitors and local residents 7. That you respect the school/college environment 8. That you abide by the school/college’s mobile phone/technology policy 9. That you do not use addictive/intoxicating substances 10. That you do not bring into the school/college or have on your person objects likely to cause injury or harm Induction Programme for New Principals and Deputy Principals

Reviewing the Code (pp 13 -14 – Guidelines) Key policy that should be reviewed regularly the BOM must plan for regular review Four elements to reviewing the code • Describe what is happening now • Evaluate how well this is working • Explore and generate options for improvement/development • Make a plan for implementing agreed proposals Induction Programme for New Principals and Deputy Principals

NBSS NEPS Continuum of Support ladder of referral Level 3 (1 -5%) Level 2 (5 -15%) Level 1 (80 -85% of students) Level 3 – Interagency co -operation re challenging student behaviour Level 2 – School/Home partnership re identified needs Level 1 – Whole School Day to Day Management – promoting positive behaviour Induction Programme for New Principals and Deputy Principals

Referral Pathway to Care Team Principal/Deputy BOM Care Team Student Support Team Class Teacher Class Tutor Year Head Induction Programme for New Principals and Deputy Principals

Core Competencies for Teachers Induction Programme for New Principals and Deputy Principals

Six Key Areas • • Professional Values and Relationships Professional Integrity Professional Conduct Professional Practice Professional Development Professional Collegiality and Collaboration Link to code of professional conduct http: //www. teachingcouncil. ie/en/_fileupload/professionalstandards/code_of_conduct_2012_web-19 june 2012. pdf Induction Programme for New Principals and Deputy Principals

Possible Action Plan Date: Responsible Date Task Group established with stakeholder representation Code of Behaviour review Data profile developed (key stats considered) Environmental Audit Consultation with stakeholders Ladder of Referral – role clarity Recording of behavioural issues Behaviour Support Co-Ord Identified School wide approach to COB, Classroom rules and routines agreed and published Adding to toolkit – planning for learning for all Restorative Practice Dignity in the workplace Working with parents Staff wellbeing working group Induction Programme for New Principals and Deputy Principals

This presentation will 1. Set out and explain Section 29 of the Education Act 1998. 2. Consider how you should approach decisions comprehended under Section 29 3. Look at how you should deal with a recommendation for permanent exclusion 4. Look at considerations for a refusal to enrol 5. Give examples of some issues from Section 29 Appeals that have been upheld 6. Provide some insights from recent legal cases and judicial reviews. Induction Programme for New Principals and Deputy Principals

1. Section 29 of the Education Act (1998) Gives effect to the right to appeal certain decisions made by a board, or person acting on behalf of the board, to the Secretary General of the DES A. Permanently excludes a student from a school, B. Suspends a student from attendance at a school for a period of longer than 20 days C. Refuses to enrol D. Makes a decision of a class decided upon by the Minister (has not taken effect) Induction Programme for New Principals and Deputy Principals

Section 29 (9) Distinguishes a school established or maintained by a VEC (ETB, under 2013 Act) , whereby the appeal against the decision of the board, or person acting on behalf of, will be made in the first instance to the ETB. There are specific procedures for this layer (ref Section 28) Induction Programme for New Principals and Deputy Principals

2. In approaching this issue remember…. 1. Our purpose - the good of the school community, the good of education - schools are moral endeavours 2. The Legal Framework, due process, fair procedures, due diligence 3. Our role as a Principal/Deputy Principal is to lead, govern, exert due diligence, make decisions and act at all times in terms of the good of the school Induction Programme for New Principals and Deputy Principals

Professional Judgement Fair Legitimate Ethical Induction Programme for New Principals and Deputy Principals

Legitimacy comes from…… • To establish and maintain and admissions policy which provides for maximum accessibility to the school (Education Act, 1998, Section 9) • Publish, in such a manner as the Board with the agreement of the patron (ETB) considers appropriate, the policy of the school concerning admission to and participation in the school, including the policy of the school relating to the expulsion and suspension of students and admission to and participation by students with disability or who have other special educational needs……having regards to the characteristic spirit of the school (Education Action 1998, Section 15 (2). • School policies, how they interface and are they consistent (Code of Behaviour, Admissions, CP, Anti bullying, Substance use, Social Media) Induction Programme for New Principals and Deputy Principals

contd Be familiar with all of these policies and refer to them if needs be Policies should be reviewed in line with different situations that present themselves from time to time Induction Programme for New Principals and Deputy Principals

Fairness comes from • The BOM of a recognised school shall not refuse to admit as a student in such school a child, in respect of whom an application to be so admitted has been made, except where such refusal is in accordance with the policy of the recognised school concerned (Education Welfare Act 2000, Section 19) • That that policy is lawful (has been ratified by the BOM, confirmed by the Patron and is not in breach of any Equality or other relevant legislation) • That a child shall be excluded in line with what is set out in the Code of Behaviour ((direct them to it!) (ibid s. 23 (4)) Induction Programme for New Principals and Deputy Principals

contd The right to be educated in an inclusive environment (EPSEN, 2004) Every child with special educational needs is protected from enrolment practices or policies with overt or covert barriers that block his/her access to enrolment. A school must enrol a student with special educational needs if so directed by the SENO on the basis that the school will be provided with resources in line with national policy. Induction Programme for New Principals and Deputy Principals

The need for an ethical approach derives from. . • Reality and complexity of school and children's contexts • The good of the whole school vs the good of an individual child • Individual and personal bias or predispositions What ultimately guides our decisions? Induction Programme for New Principals and Deputy Principals

contd Acting with integrity……. . legitimacy of your decision, how fair is it and is in line with the overall good of the school community as set out and understood. This ultimately is your frame of reference! Induction Programme for New Principals and Deputy Principals

3. The BOM meeting- permanent exclusion. • Normally a single item agenda • Minimum three days notice to the parent/ guardian /student over 18 • BOM should have the following documentation well in advance • - Code of Behaviour, reports of investigation, written recommendation of the Principal, copy of correspondence to EWO, reference as necessary to the NEWB Guidelines (see page 82 factors to be considered Appendix 1) Induction Programme for New Principals and Deputy Principals

contd Documentation to the parent should include - a copy of the Code of Behaviour, copy of written acceptance, report of detailed investigation, written letter of invite with grounds set out and invitation to make an oral or written submission Notification to EWO of date , time and venue of BOM meeting Induction Programme for New Principals and Deputy Principals

The BOM Hearing • Parent or Guardian of over 18 may be accompanied by another person. The Principal/Secretary to the BOM is normally advised of this. Legal representation is not the norm but it can happen. • Considerations of bias, conflict of interest or otherwise • Recording secretary • Issue of student attending the meeting • Parents present their case first, then Principal Induction Programme for New Principals and Deputy Principals

contd • Questions, clarifications. Some clarification may be sought after each individual submission • Right of reply must be given • Every opportunity must be given to the parent to add, sum up etc • BOM discuss and make the decision in the absence of all parties • The Principal may be asked to return briefly on a matter of professional clarification but only for that purpose and for the duration of which there is no discussion on the issue. Induction Programme for New Principals and Deputy Principals

The Decision • Must in the first instance be after due process has been granted, fair procedures followed and line with agreed and formalised school polices, then refer to …… • The BOM must satisfy itself that this has taken place • No party to the case has been part of the deliberations • NEWB guidelines (2008), page 82 Induction Programme for New Principals and Deputy Principals

. contd • The nature and seriousness of the behaviour • The context of the behaviour • The impact of the behaviour • The interventions tried to date • Is expulsion the appropriate response • The impact of the expulsion this is your preparation both for your BOM and any Section 29 Appeal Induction Programme for New Principals and Deputy Principals

Other considerations • Issue of 20 days prior to confirmation of expulsion • Notice of decision, grounds, reference to relevant policies/acts, right of appeal (if expulsion takes effect), 20 days suspension (right of immediate appeal if applicable), notice to EWO , date of confirmation and arrangements of interim period and duty of care for interim period • Confirmation of decision to expel • consider full BOM meeting if necessary, meetings under Section 24 Education Act 1998 if relevant, can be delegated to Principal and Chairperson. Induction Programme for New Principals and Deputy Principals

Cases are won and lost on…. . • Policies communicated to parents or not • Grounds for expulsion /refusal are within policies or not • Procedures as set out followed/not followed • Parents clear/not clear on the process at all stages • Procedures unfair/fair • School moving too quickly/assumptions made/mind made up! • Right of appeal advised/not advised • Section 24 (20 days and role of EWS) Induction Programme for New Principals and Deputy Principals

Important sources • Records of dialogues… telephone and written with family • Investigation…. . • Student journals…entries • Ladders of referral • Grounds for expulsion/refusal to enrol (where are they set out) • Links with EWO • Efforts of local resolution/Section 24 Induction Programme for New Principals and Deputy Principals

4. Some common issues. . . expulsions • The BOM stage not dealt with correctly • New documentation • Other charges • Meeting held too soon without the necessary stages been gone through • Your code of behaviour should be followed • Grounds not been set out clearly and/or changing along the way or something been added at the BOM hearing • Parent/s/guardian/s not having all of the information in advance Induction Programme for New Principals and Deputy Principals

contd • How investigation is conducted has not been made clear • Suspensions of over 20 days or suspensions between ratification of decision and decision (what are the grounds for this decision and was the right of appeal advised) • What about short suspension appeals, which are extended to lead up to a BOM hearing (where do you stand on these) (3/5/10/20 days) Appendix 1 • Health and safety grounds – what do we mean by this exactly? We need to be more specific Induction Programme for New Principals and Deputy Principals

. contd BOM moves outside of its jurisdiction (Smullen vs Duffy, 1980) ‘……………clearly state in their codes of conduct and bullying policies that they reserve the right to investigate and take disciplinary action, where appropriate, in the case of behaviour that occurs outside of the school but impinges on the health welfare and safety of members of the school community. Induction Programme for New Principals and Deputy Principals

The decision (letter of expulsion) • Consideration of all of the facts presented at the hearing • The BOM is of the opinion that the student should be expelled • The specific grounds (with reference to the Code of Behaviour) • When this comes into effect/passing of 20 school day/confirm by the BOM/at such time the right of appeal to DDLETB/DES will be advised Induction Programme for New Principals and Deputy Principals

Informing the EWO Period of 20 days - continued suspension and on what groups/right of appeal/work to be provided - remain in school/reserve the right to revisit this decision Induction Programme for New Principals and Deputy Principals

4. Refusal to enrol. • The refusal is the decision of the BOM or from a person acting on behalf of the BOM and in line with the enrolment policy…. . not in position to offer a place on the grounds of (very specific) • ………. . The enrolment policy Section x where the agreed number of places being at 120 we are unable to offer a place on the basis that all 120 places have been offered under criteria……. and you fall outside of this given that you are not attending the listed school…… • You have the right to appeal this decision…(include timeframe of 14 days) • You are placed on a waiting list at number 7. Should a place become available we will be in touch with you. The waiting list will cease to operate from…. . (position change , no second right of appeal) Induction Programme for New Principals and Deputy Principals

Important points The right of the parents to choose (Education Act Section, 1998, 15 (2) (d) and Article 42 of the Constitution But…. Not for that right to be satisfied Provision of RE should be in your admissions policy (ideally). Induction Programme for New Principals and Deputy Principals

contd • This policy is published in accordance with… with due regard to…. inclusiveness with regard to special education needs and equality with respect for maximum access and participation (Education Act, 1998, Sub section 13) • Other…. . Equal Status, Education for Special Education Needs , Education Welfare Act) • Agreed by …with/confirmed by patron…. contact person • Inconsistences…. ’ all students from the area…’ Categories’ Induction Programme for New Principals and Deputy Principals

Good practice • Avoid…. acknowledges the rights of parents to send their children to a school of their choice…………………. with no qualification … better term is respect … and in line with the……. • Avoid criteria for admission ‘may include the following’…. Not specific enough, spell out what they are and what applicants have to do and order of priority • …. . siblings, feeders schools, siblings and feeder…. • Deal with transfers in the policy as a separate piece and set this out in the scope of the policy and in line with the overall thrust of the policy. • Clarify ‘entrance tests’ and their purpose Induction Programme for New Principals and Deputy Principals

contd • When these are considered and if the school has a window (not after September) • Criteria; best interest of the student, best educational interest and best interest of the college; place available • Transfer application to be complete in full with documentation • Seeking information from another school…ask parent to furnish…. (results, reference…. . ) • Party to a Section 29/conclusion of that process. Induction Programme for New Principals and Deputy Principals

Recent judgements of relevance • An appeal committee needs to be ‘ wholly independent’ in making its decision. (JR , June 2017, O Raifeartaigh) • Must consider all relevant matters in a fresh manner • It is the behaviour of the student, taken in its proper context (age is relevant) , warrants expulsion. • (a little) Flexibility needs to be afforded to the lay persons attending a hearing. Induction Programme for New Principals and Deputy Principals

contd • Any decision/determination must be understood by those involved • No clear definition of the school day in law. It is generally held that a school day is a day when a school is open for the reception of students (strike days/exams/start of term for any group). • Section 19 (3) of the Education( Welfare) Act, 2000 cannot be used as a reason for upholding appeal (issue of 21 days). Induction Programme for New Principals and Deputy Principals

The Section 29 hearing. • Preparation/documentation • You are defending your BOMs decision not yours and not the ETBs • Parents present their appeal, then you present your case (stick to you script as you set out at the BOM meeting) • Have your polices at the ready and be familiar • Cross questioning and cross examining ( speak to the committee, don't get drawn) • Sometimes less is more ( stay within the parameters of the case being presented) • Its not personal! Induction Programme for New Principals and Deputy Principals