By Shauna Bannon Ward
Parents are being told that they shouldn鈥檛 take their children out of school early in order to make the most of cheaper holiday prices.
Under the Education Welfare Act 2000 parents must inform the school if their children will be absent from school on a school day and the reason for the absence, such as illness.
The Child and Family Agency, Tusla, strongly advises against taking children out of school to go on holiday during term-time.
It was explained that parents and legal guardians have a legal obligation to ensure that their child attends a school or else receives an education.
If Tusla considers that a parent is failing in his or her obligation, it will send the parent a School Attendance Notice.
This warning outlines that legal action will follow if the child does not attend school regularly. The agency must also make reasonable efforts to consult with the parents and the child, before sending this warning.
If a parent fails to comply with this warning, they may be prosecuted. If convicted, the parent may be fined and/or imprisoned for a month and also fined for each subsequent day that they fail to send the child to school.
According the Education (Welfare) Act 2000, 24 (4), 鈥淎 person who contravenes a requirement in a school attendance notice shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding 拢500, or to imprisonment for a term not exceeding one month, or to both such fine and imprisonment.鈥
This is worth 鈧634.86 according to the act鈥檚 editorial notes.
Under the 24 (5), 鈥淎 person guilty of an offence under subsection (4) shall, on each day after having been convicted of such offence on which he or she continues to contravene a requirement in the school attendance notice to which that offence relates, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding 拢200, or to imprisonment for a term not exceeding one month, or to both such fine and imprisonment.鈥
This would cost 鈧253.95 when converted.
If the parent claims that suitable alternative education is being provided, they must prove this. It will be a defence for the parents to show that they have made all reasonable efforts to send the child to school – in such cases, the Child and Family Agency must be informed.
You can find out more here.