Appointment of school attendance committees for certain areas.
Officers of school attendance committees.
School attendance officers.
Expenses of school attendance committees.
Minister may dissolve school attendance committees.
Principal teachers to make certain returns, etc.
Parent to notify cause of absence.
Failure of parent to comply with this Act.
Miscellaneous provisions as to prosecutions under the Act.
Inspection and copies of registers of births and deaths.
Parents to furnish particulars of their children.
Authentication of warnings, notices, etc.
Offences in relation to certificates.
Extension of application of this Act.
Repeals and provisions consequent thereon.
Short title and commencement.
Act Referred to
Number 17 of 1926.
SCHOOL ATTENDANCE ACT, 1926.
AN ACT TO MAKE PROVISION FOR ENSURING THE ATTENDANCE OF CHILDREN AT ELEMENTARY SCHOOLS. [27th May, 1926.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
1.—In this Act—
the expression “the Minister” means the Minister for Education;
the expression “national school” means a public elementary day school for the time being recognised by the Minister as a national school;
the expression “suitable school” means a school for the time being certified by the Minister under this Act to be a suitable school within the meaning of this Act;
the expression “national or other suitable school” includes both national school and suitable school;
the expression “principal teacher” includes any deputy-principal or other teacher for the time being acting as or for a principal teacher;
the word “parent” in relation to a child means the person having the legal custody of the child and, where owing to the absence of such person or for any other reason the child is not living with or is not in the actual custody of such person, includes the person with whom the child is living or in whose actual custody the child is;
the word “employment” in relation to a child means employment and occupation in any labour exercised by way of trade or for the purpose of gain to the child or to any other person;
the word “sickness” includes any physical or mental malady or injury;
the word “prescribed” means prescribed by the Minister by order made under this Act;
the expression “offence under this Act” includes an offence under any section or sub-section of this Act;
the expression “commencement of this Act” means the date on which the section in which the expression is used comes into operation by virtue of an order made by the Minister under this Act and where such section so comes into operation on different dates in different areas or districts means in relation to any such area or district the date on which such section so comes into operation in such area or district.
Application of this Act.
2.—In this Act, the expression “child to whom this Act applies” means and includes a child who has attained the age of six years and has not attained the age of fourteen years, and every other child to whom this Act is for the time being applied by virtue of an order made by the Minister under the power in that behalf hereinafter conferred on him.
Date of attainment of any particular age.
3.—For the purposes of this Act a child shall be deemed to attain any particular age on whichever of the following days, that is to say, the 31st day of March, the 30th day of June, the 30th day of September, or the 31st day of December first occurs after the anniversary of his birth on which he actually attains such age.
Obligation to attend school.
4.—(1) The parent of every child to whom this Act applies shall, unless there is a reasonable excuse for not so doing, cause the child to attend a national or other suitable school on every day on which such school is open for secular instruction and for such time on every such day as shall be prescribed or sanctioned by the Minister in respect of such day.
(2) Any of the following shall be a reasonable excuse for failure to comply with this section, that is to say:—
(a) that the child has been prevented from attending school by the sickness of the child;
(b) that the child is receiving suitable elementary education in some manner other than by attending a national or other suitable school;
(c) that there is not a national or other suitable school accessible to the child which the child can attend and to which the parent of the child does not object on religious grounds to send the child;
(d) that the child has been prevented from attending school by some other sufficient cause.
(3) Until the year 1936 the following shall also be a reasonable excuse for failure to comply with this section on not more than ten days during the period beginning on the 17th day of March and ending on the 15th day of May next following in any year in respect of a child who has attained the age of twelve years, that is to say, that the child has been prevented from attending school by reason of his having been engaged in light agricultural work for his parent on his parent's land.
(4) Until the year 1936 the following shall also be a reasonable excuse for failure to comply with this section on not more than ten days during the period beginning on the 1st day of August and ending on the 15th day of October next following in any year in respect of a child who has attained the age of twelve years, that is to say, that the child has been prevented from attending school by reason of his having been engaged in light agricultural work for his parent on his parent's land.
(5) A school shall be deemed to be accessible to a child for the purposes of this section if, but only if, either:—
(a) the school is situate, in the case of a child who has not attained the age of ten years, within two miles measured from the child's residence along the shortest way lawfully and conveniently available for him or, in the case of a child who has attained the age of ten years within three miles similarly measured; or
(b) there is a suitable means of conveyance to the school available for the child from a point within a reasonable distance from the child's residence.
Certification of suitable schools.
5.—(1) The Minister may if and when he so thinks fit by a certificate in the prescribed form certify any particular school to be a suitable school within the meaning of this Act for the attendance of children to whom this Act applies for the purpose of receiving elementary education, and the Minister may at any time as and when he thinks fit revoke any such certificate.
(2) The Minister may make or cause to be made such reasonable inquiries, investigations, and inspections as he shall think proper for the purpose of satisfying himself whether any particular school is or is not, or does or does not continue to be fit to be certified as a suitable school.
(3) For the purpose aforesaid, any officer of the Minister duly authorised by him in that behalf may at all reasonable times enter any suitable school or any school in respect of which an application to be certified as a suitable school has been made to the Minister and there make such inquiries, investigations, and inspections as he shall think proper.
(4) Every manager and conductor of and every teacher in any such school as aforesaid and every parent of a child attending such school shall to the best of his ability answer such questions and furnish such information as shall be reasonably asked or required of him for the purpose aforesaid by an officer of the Minister duly authorised in that behalf by the Minister.
School attendance area to which child belongs.
6.—(1) For the purpose of this Act a child to whom this Act applies shall be deemed to belong to the school attendance area in which he is ordinarily resident.
(2) If and whenever the ordinary residence of a child to whom this Act applies is changed from one school attendance area to another school attendance area, the parent of the child shall within one week after the change give notice in writing or in person of the change to the enforcing authority of the school attendance area from which such residence has been changed and also to the enforcing authority of the school attendance area to which such residence has been changed.
(3) If any person shall fail to give such notice as is mentioned in the foregoing sub-section to any enforcing authority to whom he is required by the said sub-section to give the same he shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding ten shillings.
(4) The parent of a child to whom this Act applies may transfer the child from one national school to another national school at any time either with the consent of the Minister or when the transfer is made because of a change of the ordinary residence of the child, but in any other case a child to whom this Act applies shall only be transferred from one national school to another national school on or at the first.