Schools fear parents may sue over cuts

SCHOOLS fear cuts to career guidance and counselling, which may be forced on them by Budget 2012, will put them at risk of legal action from parents.

The body representing boards of management at almost 400 secondary schools has asked the Department of Education for guidelines to schools on the minimum level of guidance and counselling they should provide.

They are seeking clarification after being effectively told they must choose between reducing guidance, limiting subject choices, mixing more higher and ordinary level classes together, or a combination of all three.

Education Minister Ruairi Quinn announced after the budget that second-level schools must include guidance counsellors within their overall teaching allocation from next September. The cut will see about 500 posts lost in second-level schools to save the department €32 million a year.

Up to now a school has been allowed a full-time guidance counsellor in addition to subject teachers if it has at least 500 pupils. Some large schools are entitled to extra guidance hours.

However, from the autumn, guidance staff will have to be included within schools’ overall teaching allocation, meaning counsellors may spend some or all of their time teaching.

The Joint Managerial Body (JMB) is concerned that this could leave schools open to legal challenge from parents as the Education Act requires them to ensure students have access to “appropriate guidance” to help with educational and career choices.

“The hours set aside for guidance and counselling are now gone but schools still have to provide appropriate guidance from within their teacher allocation,” said JMB general secretary Ferdia Kelly.

“Nobody knows if schools will be liable or open to any kind of challenge; we’re seeking legal advice on that issue.”

The fear is parents could say that, even if guidance and counselling is protected, a student might suffer if the school removes a subject because of reduced teacher numbers.

“School boards are concerned that they will fail to be compliant with the Education Act by being unable to provide the appropriate guidance or else having to cut other subjects,” said Mr Kelly.

Opening a two-day Dáil debate on the issue last night, Fianna Fáil education spokesman Brendan Smith called on Mr Quinn to reverse the cut that removes special provision for guidance counselling.

“This is an increase in class sizes through the back door and will result in 700 secondary schools losing qualified guidance counsellors,” he said. “What Minister Quinn has done here is use smoke and mirrors to introduce an increase in the pupil-teacher ratio.”

Opposing the motion, the minister said the measure will give schools more freedom to manage staff, but they will still be required to provide guidance support. His department will write to schools in the coming weeks to give further clarification on changes.

However, it is understood the letter will not define what is an appropriate level of guidance to meet their legal requirements.