The Legal Status of Home Education in Ireland

In Ireland educating children at home is a right enshrined in Article 42 of Bunreacht na hEireann, the Irish Constitution.

It is worth while taking the time to read Article 42 in full, since the laws and regulations that flow from it are best understood and examined in light of its content.

Laws and Regulations Relevant to Home Schooling

1. The School Attendance Act (1926) and its amendments

The purpose of this act was to ensure that all children between the ages of 6 and 16 received a certain minimum education and was quite punitive in tone.

This act made little reference directly to home education, but because children receiving their education at home by definition did not attend school there were a number of issues relating to non-attendance of which parents educating at home needed to address.

This Act has been superseded by the Education Welfare Act of 2000.

2. The Education (Welfare) Act 2000

The Education (Welfare) Act came into effect on 5th July, 2002.

This renders the older Act obsolete. Among the welcome changes was that the Gardai are no longer charged with responsibilities in the area of school attendance and that School Attendance Officers, with all their punitive associations, are now replaced by (or renamed) Education Welfare Officers.

The emphasis of this Act changed the perspective on school attendance, from one which looked on it as a transgression to be dealt with by punishment of parents, and even children, to one of helping schools, families and children overcome problems that lead to non-attendance.

The full text of the Act is available here.

The National Education Welfare Board

The National Welfare Education Board (NEWB) was established under the terms of the Education (Welfare) Act and is now the body which deals with issues of non-attendance and of children receiving their education outside the school system.

The board operates a Registration and Assessment system for children educated in places other than recognised schools, which includes both those educated at home and those educated in private schools which do not follow a national curriculum.