I propose to take Questions Nos. 374 to 376, inclusive, together.
Under section 24 of the Education Act 1998 (as amended by the Education (Amendment) Act 2012) the board of management is the employer of teachers, SNAs and other staff of the school. In the case of community national schools, the ETB is the employer and not the board of management.
The board’s role as an employer includes responsibility for the recruitment and dismissal of teachers, SNAs and other staff within the school, subject to relevant Department circulars, employment legislation and sectoral agreements. The role also includes but is not limited to, health and safety, building, promoting, and maintaining positive staff relations.
It is recognised that there is an unusual tripartite relationship between the teachers/SNAs employed in Oireachtas funded roles, whereby the Department of Education and Youth facilitates the payment of salary to teachers/SNAs on its payroll system, but the Board of Management is the employer.
In accordance with the Safety, Health and Welfare at Work Act 2005, it is the responsibility of individual school authorities to have a safety statement in place in its school and to ensure as far as is reasonably practicable, the safety, health and welfare at work of its employees and those who are in anyway affected by the work activities of the school. The safety statement should identify potential hazards, assess the risks to health and safety and put appropriate provision in place to safeguard the safety and health of employees and pupils.
The body which has statutory responsibility for ensuring that health and safety requirements are met by all employers, including schools, is the Health and Safety Authority (HSA). Guidelines for managing safety, health and welfare at work were developed following consultation with relevant stakeholders.
Where the school is aware of potential difficulties that may arise as a consequence of a medical condition suffered by one or more pupils, it may be possible for the management authorities, working in conjunction with parents, teachers and children to put preventative measures in place to lessen the possibility of any difficulties arising or to ensure that, if a pupil suffers from an illness requiring, for example, the administration of medication, that appropriate treatment is available.
The administration of medicines in primary schools is the subject of an agreement between the Irish National Teachers Organisation and the organisation representing school management at primary level.
While this agreement specifies that no teacher can be required to administer medicine or drugs to pupils, it also sets out procedures that must be followed where a teacher or teachers agree to do so. The position is that either the parents of the child should make themselves available to administer medication as required, or where they wish the staff in the school to administer it, they should indemnify the school.
My department cannot direct any member of the Board of Management or the teaching staff of the school to administer medical treatment to pupils, action and procedures which are normally carried out by medical professionals such as doctors and nurses.
Where a child requires adult assistance to assist in the administration of medicine and where the extent of assistance required would overly disrupt normal teaching time, SNA support may be allocated for this purpose. It is a matter for the Board of Management to ensure that SNAs are in a position to effectively meet the care needs of pupils for whom SNA support has been allocated in the school, when appointing an SNA. Where specific training is required, the Board of Management should liaise with the Health Service Executive (HSE) in order to ensure that the HSE provides guidance and training that enables the SNA to meet the care needs of the pupil in an appropriate manner. It is a matter for individual school authorities to make such arrangements locally.
