School Organisation
The Department of Education is responsible for education in Northern Ireland. There are five Education and Library Boards which must provide or secure sufficient schools and equivalent to afford pupils, the opportunity for education, offering a variety of instruction and training as may be desirable, having regard to their ages, abilities and aptitude.
The boards have general duties in relation to the administration, maintenance and funding of education. They have specific roles in relation to management of controlled schools in their area.
The Council for Catholic Maintained Schools was created in 1989 and as a separate representative body coordinating schools in the catholic sector.
The 1986 order provides that pupils are to be educated in accordance with the wishes of the parents provided this is compatible with the provision of efficient instruction and training and avoidance of unreasonable public expenditure.
Controlled schools are provided and managed by the Education and Library Boards.The Education and Library Boards have 2 to 5 members nominated by the local district councils. In England and Wales the local education authority comprises directly elected representatives.
The representative of the transferor schools, principally partisan churches to transfer schools in the 1920s and ’30s and the trustees have maintained schools, generally catholic church schools have representatives appointed to the board.
There were two broad categories of school, controlled schools managed by the Education and Library Board and voluntary schools managed by trustees, normally the local church. Two types of voluntary school comprising maintained schools, including all voluntary primary and secondary schools and voluntary grammar schools.
Most voluntary maintained schools are controlled by the Catholic Church. The Education Reform NI order transferred responsibility for catholic maintained schools to a statutory body, the council for catholic maintained schools. It created a new category, the grant maintained integrated school.
In both controlled schools and voluntary schools, the local church have a single significant role on the management body in the controlled sector. The largest group of governors are the transferors, representatives, generally the partisan churches. In the voluntary sector trustees of the school’s assets are generally the Catholic Church. The boards of governors, membership tends to be drawn from local clergy or their nominees.
Prior to 1993 the maximum capital funding for voluntary schools was 85 percent. Voluntary schools were allowed to obtain the full capital funding in return for increased Departmental representation on the board of governors
Prior to devolution in 1998 education issues fell within responsibility of the Department of Education for Northern Ireland. After devolution, the education has been transferred to the Department of Education.
Education laws was consolidated in 1986. There have been a number of amending order since that day.
The 1989 order was based on provisions introduced in England in 1988. It provided for a common curriculum, open enrolment for admission to schools, financial delegation to schools and enhanced role for board of governors and procedures for establishing integrated schools. It also established the catholic council for maintained schools as above.
The Education Order NI 1993 increased the capital transfer of voluntary schools to 100 percent subject to school opting and permitting reater state representation on the board of directors
The Education NI Order 1993 relates to children with special educational needs. It provide for a special educational needs tribunal to deal with appeals relating to special educational needs. It provides code of practice on educational needs in which regard must be had in relation to decisions affecting children with special needs.
Legislation also provided for establishment of an independent schools tribunal, corporation board of directors and certain other matters.
The 1997 order may changes the provisions in relation to admissions and parental preferences. It changed the school transport schemes.
The Education NI order 1998 reflected changes made in England and Wales in 1997. It contained provisions in relation to discipline. It established a general teaching council, provided for school development plans, transferred responsibility for funding, voluntary grammar and grant-maintained integrated schools through the Education and Library Boards.
The Department of Education has a general duty under the 1989 order to promote the education of the people of Northern Ireland. It is responsible to ensure the operation of the education system and ensure effective execution by boards and other bodies of the powers and duties imposed under the education order.
The Education Act 1923 provided for regional education committees perform the duties of county education authority. The Education And Libraries NI order consolidated in 1986 provided for five Education and Library Boards. They are as follows
- Belfast
- Southeast
- Southern
- Western
- North-Eastern
Each Education and Library board comprises members of local district council, persons representing the interests of the transferors, persons suitable by reason of their interest and services, provided local council membership is limited to two-third, two-fifths.
The function of the Education and Library Boards is to contribute towards the spiritual, moral, mental and physical well-being of the community by securing efficient education at primary secondary and further educational level. Boards must ensure there are sufficient schools in their area.
Their functions include establishment of controlled schools, identification and assessment of special educational needs, certain school meals and clothing grant, employment, curriculum enforcement of school attendance, distributing funding to grant aided schools, employment relates to temporary, supply teaching and non-teaching staff.
The Council for Catholic Maintained Schools has responsibility for all catholic secondary and primary schools as well as certain nursery and other schools. It does not cover voluntary grammar schools. It employs all teachers in catholic maintained schools
The CCMS advises the Department or an ELB on matters relating to catholic maintained schools. It promotes and coordinates consultation with the trustees of the schools. With the approval of the Department, it provides advice and information to trustees, board of governors, principals and staffs. It has a number of functions in relation to admissions, discipline and curriculum.
The Department ELBs or board of governors must consultant with the CCMS in relation to certain decisions about maintained schools including schemes of financing maintained schools, admission policies
There are grant aided schools and independent schools which are privately financed. The four main types are controlled, voluntarily maintained, voluntary grammar and grant-maintained to integrated.
Controlled schools are managed by the ELB through the board of governors. The governors of controlled primary and second school contain representatives of the transferors (partisan churches, parents, teachers and nominees of the ELB. The board of governors of controlled grammar schools consist of parents, teachers and ELB representatives.
The full capital cost and operational costs of controlled schools are met by the ELB. The controlled schools do not have a particular denomination of status but are in practice attended by partisan children
Voluntary-maintained schools are managed by boards of governors. They may have a denominational ethos and most fall under the CCMS.
The board of governors consists of members nominated by the school trustees, representative parents, teachers and the ELB. The full running and full capital costs are met by the Department. Schools who do not opt under the 1993 order may still receive 85 percent of funding or 65 percent of capital costs. Voluntary- grant-maintained schools include primary and secondary schools.
Voluntary grammar schools may select pupils on the basis of academic ability. They are managed by boards of governors consisting of representatives of parents, teachers and trustees. Where they have an agreement with the Department or ELB members may be appointed by those body.
Since 1993 voluntary grammar schools may opt for full capital funding in which case Departmental representation on the board increases. Voluntary grammar schools may have a denominational ethos. Over half of the voluntary grammar schools are catholic denominational schools
Grant-maintained integrated schools aim to provide a reasonable balance of denominations of pupils. Integrated schools may be controlled or grant-maintained. The board of governors comprises Departmental nominees, parents, teachers and foundation governors.
Independent schools do not receive grant aid and are financed by parents. Basis of the provision is entirely contractual. There are only a handful of such schools in Northern Ireland. The number of grant-maintained integrated schools amounts to appropriately (5 percent) of the total.
Primary education applies to children under 11 years 6 months. Secondary education applies to children between 11 years 6 months and 19.
Secondary schools falls in two categories, intermediate and grammar. Intermediate schools are described non-grammar schools and are usually referred to as secondary schools. Intermediate/secondary schools provide free education and are not allowed to charge fees. Grammar schools may select pupils on academic ability.
Special schools may be recognised by the Department and be organised to provide for pupils with special educational needs.
A number of schools are taught to the medium of Irish.
Where an ELB is satisfied by reason of exceptional circumstances where the child is unable to attend a suitable school, it may make special arrangements for the education of the child. The ELB may make arrangements for the provision of suitable education at school or otherwise and at school for those children of compulsory age by reason of illness, expulsion, suspension or otherwise are not able to receive suitable education unless unless arrangements are made for them.
This is separate from the parent’s right to educate a child at home. Suitable provision may be provided in a number of ways. This may include home tuition. Or tuition in a mobile classroom.
The establishment recognition and discontinuance as well as major age changes in grant-aided schools requires Departmental approval. Application must be submitted by the ELB.
Approval of new schools is at the discretion of the Department. The Department has its own guidelines as it specifies criteria for new school. The ELB must submit specifications and plans for approval by the Department.
A complaint may be made to the Department by the unreasonable exercise of powers under the education order. Complaint may be made by individuals or bodies. Complaints may be made in respect of ELBs, board of governors, trustees of schools, and CCMS.
The complaint is based on the authority acting unreasonably or proposing to act unreasonably in relation to its powers under the education order. Reasonableness in this context would be similar to that applicable in judicial review. The authority standard would be such that no reasonable education authority could act in the manner concerned.
Where the Department is satisfied that there has been unreasonable exercise of powers, it may make such direction as it believes expedient to remedy the complaint. It may require that the powers be exercised in a particular manner. Education authorities are under an obligation to comply.
The Education and Libraries Northern Ireland order 2003 enabled the Department to introduce a common formulae for calculation of school budgets funded under local management of schools arrangements and also dealt with a range of other matters including best practice in the delivery of Education and Library Board services, improve the operation of certain elements of the system to the benefit if parents, provide greater delegation of authority from the Department to ELBs, strengthen certain children’s rights, access to the special education system for children outside Northern Ireland.
The Education Order 2006 has provided changes necessary to implement or revise curriculum. It prohibited academic selection and provided new admission arrangements. Introduced new arrangements for the expulsion of pupils from grant aided schools and make a number of other legislative changes.