Information for Boards of Management on School Reconfiguration

The aim of the schools reconfiguration is to create more multi-denominational primary schools in Ireland. The process helps schools to transfer their patronage from denominational (religious) patrons to multi-denominational (non-religious) patrons, if the school community want this. A denominational school is a school with a religious patron – the vast majority of primary schools are under Catholic patronage. A multi-denominational school is a school under a non-religious patron, where children learn about all faiths and belief systems through a multi-denominational programme. Examples include Community National Schools in the ETB sector, Educate Together schools and An Foras Pátrúnachta schools)

When a school changes patron, this is called a ‘transfer of patronage’. The new patron takes over responsibility for the school.

When a school transfers patronage, this can mean a change in its ethos. For example, a denominational (religious) school may become a multi-denominational school. For transfers of patronage to multi-denominational patron bodies, the school will change to a multi-denominational school. A change of ethos can take place at the same time as the transfer of patronage or can take place on a more gradual basis. For example, where each new intake of junior infants follows a multi-denominational programme, while the more senior classes continue to follow the denominational programme, until over time, all pupils are following a multi-denominational programme.

When a transfer of patronage takes place, there may be cultural and operational changes to school life. This can also mean changes in how the school is governed. Transfer of school patronage requires time and meaningful engagement from the school community, directly supported by the school patron.

Where the transfer of patronage is to an Education and Training Board as a Community National School, a change of employer is effected. The outgoing board of management as outgoing employer will be required to complete its consultation and information requirements in relation to staff imposed by the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003.

Section 8 of the Regulations provides that information including the proposed date of the transfer, the reasons for the transfer, the legal implications of the transfer for the employees and a summary of any relevant economic and social implications of the transfer for them and any measures envisaged in relation to the employees is provided to the staff at least 30 days before the transfer is carried out, where reasonably practicable, and in any event, in good time before the transfer is carried out.

Similar requirements arise for the incoming employer.

The provision of information and consultation on issues that directly affect staff is also required under the Employees (Provision of Information and Consultation) Act 2006.

When a new board of management commences their term of office or there have been changes to the membership of the board, these changes must be updated with the Charities Regulator to ensure the listing on the publicly available Register of Charities is up-to-date and accurate.

• Guidance on updating the Register

The vetting legislation and the vetting procedures operated by the National Vetting Bureau fall within the remit of the Minister for Justice.

Circular 0031/2016 and associated FAQ can be accessed at the following link Commencement of Statutory Requirements for Garda Vetting

As set out in Circular 0031/2016, Section 12 of the Vetting Act places statutory obligations on school authorities to, other than in certain limited circumstances, obtain a vetting disclosure from the National Vetting Bureau prior to the employment, contract, permission or placement of a person to undertake relevant work or activities with children or vulnerable persons.

It is the responsibility of each school authority to satisfy itself, that it has met any vetting obligations that arise under the Vetting Act and that it has all necessary and appropriate wider recruitment procedures and checks in place.

Further information on vetting requirements is set out in Section 8.6 of the Child Protection Procedures for Primary and Post-Primary Schools 2017 Child Protection Procedures for Primary and Post-Primary Schools 2017.

It is envisaged that all pupils and school staff will remain with a school after a transfer of patronage has taken place.

However, where a transfer of patronage involves a change of ethos, it is possible that some parents and guardians may wish to apply to re-enrol their children in a school with a denominational ethos. It is also possible that parents and guardians of children in other denominational schools in the area may wish to apply to re-enrol their children in the school which is transferring to multi-denominational ethos. Patrons and boards of management at local level should make efforts to accommodate such requests, where feasible and in accordance with their admissions policies.

All admissions must be in accordance with the admissions policies of the relevant schools as set out in the Education (Admissions to Schools) Act 2018.

It is the responsibility of the managerial authorities of all schools to implement an enrolment policy in accordance with the Education Act, 1998 and the Education (Admission to Schools) Act, 2018.

It is a key requirement of the Education (Admission to Schools) Act, 2018 that all school admission policies are fair and transparent.

Policies must include the procedures for admission of students who are not already admitted to the school for years other than the intake year, and for admission after the start of the school year for which admission is sought.

Schools have discretion in relation to their admission criteria and how they are applied. However, in schools where there are more applicants than places available, a selection process will be necessary. This selection process and the enrolment policy on which it is based must be non-discriminatory on specified grounds and must be applied fairly in respect of all applicants. However, this may result in some pupils not obtaining a place in the school of their first choice.

More information on the new school admission process which applies to admissions for the 2024/25 school year onwards is available at the following link here