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Education (Amendment) Bill 2016

Bill drafted for use by Barnardos in its project to provide free primary education for all children.

Education (Amendment) Bill 2016 An Bille Oideachas (Leasu) 2016 ___________________ Mar a tionscnaíodh As initiated ———————— ARRANGEMENT OF SECTIONS Section Interpretation Amendment to Section 6 of the Principal Act Amendment to Section 7(1) of the Principal Act Amendment to Section 7(4) of the Principal Act Insertion of Part X into the Principal Act Short title Commencement Bill entitled an Act to amend the Education Act 1998 to enable the provision of the supply of all materials and transport which is reasonably necessary to enable each student to take full advantage of and to vindicate their right to a free primary education; to provision of adequate facilities for primary education free of charge Be it enacted as follows: Interpretation 1. In this Act, except where the context otherwise requires: “Principal Act” means the Educational Act 1998 (as amended) Amendment of Section 6 of the Principal Act 2. Section 6 of the Principal Act is amended by the insertion of the following provision directly subsequent to 6(m): “(n) To enable the provision of the supply of all material and transport which is reasonably necessary to enable each student to take full advantage of and to vindicate their right to a free primary education (o)The provision of adequate facilities for primary education free of charge.” Amendment to Section 7(1) of the Principal Act 3. Section 7(1) of the Principal Act is amended by the insertion of the following provision directly subsequent to Section 7(c)(ii): “(c)(iii) the provision of material, transport and adequate facilities necessary to vindicate each individual pupil’s right to free primary education.” Amendment to Section 7(4) of the Principal Act 4. Section 7(4) of the Principal Act is amended by the insertion of the following provision directly subsequent to Section 7(4)(a)(iv): “(v) the absolute nature of the obligations contained in Part X of this Act (vi) the rights of the child pursuant to Article 42A of Bunreacht na hEireann (vii) the rights of students to be provided with free primary pursuant to Article 42.2 of Bunreacht na hEireann”. Insertion of Part X into the Principal Act 5. The Principal Act is amended by the insertion of the following direct subsequent to Section 59: “ Part X-Provisions for Free Primary School Education 60. (1) The following shall be provided free of charge to all pupils in primary school education: (a) learning software, books, workbooks, writing materials, mathematical instruments, practice material including all photocopies and printouts (b) any specification for a public examination which is a specification for which the pupil has been prepared at the school (c) a syllabus for a prescribed public examination which is a syllabus for which the pupil has been prepared at the school (d) any materials or items which are necessary to enable the pupils to take full advantage of the education provided (2) The collection of any extra school fees and contributions from students or their parents or guardians, voluntary or otherwise, for the purposes of paying for the day to day running costs of the school is hereby prohibited Transport 61.  (1)(a)The Minister shall, pursuant to the powers granted under Section 62 of this Part, provide a scheme to support the transport of children who reside in remote areas to and from primary school, subject to subsections (1)(b), (1)(c) and (3) of the section. (1)(b) For the purpose of subsection (1)(a) “remote areas” shall be defined as meaning those areas which are located 3.2 kilometres or more from their nearest primary school (2) The Minister shall, pursuant to the powers granted under Section 62 of this Part, provide a scheme to support the transport children with special educational needs arising from a diagnosed disability to and from primary school of children, subject to subsection (3) of this section. (3)Notwithstanding the generality of the foregoing subsections subsection, the provision of a transport scheme shall be subject to the resources made available to the Minister. Power to Make Regulations under this Part 62. (1)The Minister shall make regulations prescribing any matter or thing referred to in this Part as prescribed or to be prescribed. (2) Regulations under this Part may contain such incidental, supplementary and consequential provisions as the Minister considers necessary or expedient for the purposes of the efficient operation of this section. (3) Regulations made under this section shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling those regulations is passed by either such House within the next 21 days on which that House has sat after the regulations are laid before it, the regulations shall be annulled accordingly but without prejudice to the validity of anything else done thereunder.” Short title and collective citation 6.This Act may be cited as the Education (Amendment) Act, 2016. 7.This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.