Law - Education Law

Programme structure and approach to learning:

Now in its sixth year, this highly regarded advanced-level diploma provides participants with a comprehensive understanding of the complex legal topics that arise when advising on education law matters. The practice of education law encompasses a diverse range of potential practice areas, including employment law, equality law, conflict resolution, corporate governance, child protection, and litigation. Added to this complexity of potential legal issues is the fact that, in order to provide effective and informed solutions, those advising in education law disputes also need to understand the governance and decision-making structures that apply within a particular school.



This course begins with a general introduction to the often fascinating development of education law in Ireland, considering key constitutional and legislative provisions, before reflecting in more detail on the specific day-to-day issues that arise when advising on education law matters or, indeed, when acting as a decision-maker within a school.



The course is designed to be as accessible as possible, with key sessions taking place during standard school holidays and all lectures webcast and accessible “live” or in playback format.

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 2001-2021.



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 as amended,

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.



Workshops

Workshops are a key feature of this course. These are designed to be interactive and involve working in groups on selected case-study problems and analysis, with an emphasis on the application of the law to common scenarios encountered in practice. Workshop dates are as follows:



Workshop Title Date Time

1 Employment and equality law issues relevant in the school context. tbc

2 School structures and governance; litigation management; and providing for special education needs. tbc

3 Full course review 1 tbc

Who should attend?

This course is suitable for the following:



- 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.



We welcome applications for this course from suitably qualified non-members. Please explain your interest and set out any relevant experience in a cover letter and a brief CV. Such applications are subject to a supplemental fee of €335.

Application information

The closing date for applications is 18th October 2024. To apply, please follow the instructions below.



Solicitors and Trainees

To pay online click on the 'Register Now' button. For all other methods of payment including, draft, cheque and EFT please see our methods of payment .



Other Professionals

We welcome applications for this course from suitably qualified professionals. Your application must be approved before you can formally register on the course. To apply please email the following documents to diplomateam@lawsociety.ie :



A completed application form (see below):

Your Curriculum Vitae

A short cover letter setting out your relevant experience

Please note, for non-members this course is subject to a supplemental fee of €335 bringing the total course fee to €2,995. No fees are required prior to approval.

Delivery Method:

Block placement Friday and Saturday sessions (to coincide with periods of school leave) with some evening lectures online.



CPD Hours:

The number of hours of CPD that you may claim in relation to this course will depend on the way in which you access each of the individual sessions. For further information and the booklet, see CPD scheme.

Start Date: Friday 1st November 2024 at 10:00 AM.