Diploma in Education Law

Programme objectives

• An excellent understanding of the key employment law issues relevant to the school setting;
• An understanding of school structures and governance arrangements;
• A thorough knowledge of admissions policies and student conduct issues;
• Knowledge of the legal issues relating to special educational needs;
• Familiarity with key considerations regarding negligence and litigation management;
• A thorough knowledge of child protection issues; and
• An understanding of matters relevant to higher, further, and adult education.

Programme structure and approach to learning

Module 1: Employment law in the school context – part 1

• Recruitment of staff; status of workers,
• The contract of employment and understanding Contracts of Indefinite Duration (CIDs),
• Grievance and disciplinary procedures,
• Termination of employment and unfair dismissals,
• The Teaching Council, registration, and “fitness to teach” – part 5 of the Teaching Council Acts 2001-2015.

Module 2: Employment law in the school context – part 2

• Promotion of staff and appointment procedures for principals,
• Equality in the workplace,
• Managing bullying and harassment within schools,
• The application of the Transfer of Undertaking Regulations in the school context.

Module 3: Admissions policies and student conduct

• Admission, enrolment policies, and equality provisions,
• Codes of behaviour and school disciplinary procedures,
• Peer-to-peer bullying and student use of social media,
• Managing parental complaints.

Module 4: School structures and governance

• Legislative framework – the Education Act 1988 and amending legislation,
• Structure and role of boards of management,
• The role of principals and teachers,
• Financial management,
• The inspectorate.

Module 5: Negligence and litigation management

• The duty of care in the school context,
• The standard of care,
• When the duty of care arises and the “boundaries” of the school,
• Sporting activities organised by schools,
• Teacher negligence and contributory negligence of children,
• Degree of supervision and student maturity,
• Liability of the school authority.

Module 6: Providing for special educational needs

• Constitutional considerations and legislative provisions,
• School policies and procedures for special educational needs,
• Roles and functions of boards of management and principals,
• The examination and assessment process,
• Equality law provisions, with a focus on disability discrimination.

Module 7: Compliance matters and miscellaneous provisions

• Freedom of information and data protection concerns relevant to schools,
• Child protection obligations and the role of the designated liaison person,
• The Protected Disclosures Act 2014,
• Participating in case conferences – best practice,
• Tusla reporting requirements,
• Health and safety provisions.

Module 8: Higher, further, and adult education

• Governance structures at third level,
• Student conduct issues,
• Issues relevant to international students.
• The examination process and managing plagiarism.

Who should attend?

• Solicitors, barristers, and trainees who advise or wish to advise on education law matters, and
• Key stakeholders and decision-makers within the education setting, including school principals, teachers, management organisations, trade unions, and staff associations.