legalities

Home education is legal in Ireland and is enshrined in the Irish constitution, Article 42.

Important Read: How to guide to Tusla Assessments, provided by one of our members.

In 2000, the Irish Government brought in a system of registration for home educated children aged six to sixteen, with teenagers usually staying on the register until they reach eighteen. Originally, the registration process was administered through the National Educational Welfare Board (NEWB), but in 2014 it was moved from the Department of Education to the Child and Family Agency, Tusla. The branch of Tusla that deals with Home Educations is their AEARS (Alternative Education Assessment and Registration Service) section. The registration process consists of:

Application to Home Educate

Last updated on 16th September 2020

It has come to the attention of the NCB that a new Statutory Instrument (Si330 of 2020, see link below) has as of 26th August 2020 made a regulation in respect of Tusla’s use of the R1 form with regards to the home education application process as per Section 14.4 of the Education (Welfare) Act 2000.

http://www.irishstatutebook.ie/eli/2020/si/330/made/en/print

As many of you are aware since the Sunshine case in September 2019 (when the court ruled that the R1 form was not a legal requirement) it has been possible to apply by letter, without the use of the R1 form. It is unclear at the moment whether this SI overrides the decision of the court, or if applications are still valid without the full R1 form.

We are aware that people who applied in writing have been sent a shorter version of the form for completion, since the SI was implemented. We will update members when we know more.

Tusla (AEARS) New R1 Application Form

Tusla (AEARS) Guidelines for completing the application form

Tulsa (AEARS) contact details and forms

Applications can be sent to :

Registration Section

Alternative Education Assessment & Registration Service

Child and Family Agency

Floor 4, Brunel Building

Heuston South Quarter

Dublin 8

Preliminary Assessment

For the purpose of determining whether the child is receiving a certain minimum education, an authorised person will carry out, in consultation with the parent who made the application, an assessment of:

1. the education that is being provided, or that it is proposed will be provided, to the child,
2. the materials used, or that it is proposed will be used, in the provision of such education, and
3. the time spent, or that it is proposed will be spent, in the provision of such education.

The Tusla/AEARS guidelines also give a good overview of how the assessment process works.

Guidelines on the Assessment of Education in Places Other Than Recognised Schools

Prior to 2019 assessments only happened face to face, phone assessments where introduced and then during 2020 Microsoft Teams meetings where also introduced as an option for meeting with an Assessor.

Most families are put on the register after this initial assessment and get highly commended for the provision of education they are providing their children.

What a Tusla Assessor cannot do

1. Quiz or interrogate your child to do a Maths problem without your express consent. You do not have to do this. You should not be asked this. This is not part of the preliminary assessment. You have the right to refuse this.
2. Enter a bedroom to inspect and view educational surroundings, or for any other purposes, without your express consent. You do not have to do this. You should not be asked this. This is not part of the preliminary assessment. You have the right to refuse this.
3. To make a child read certain passages from books without your express consent. You do not have to do this. You should not be asked this. This is not part of the preliminary assessment. You have the right to refuse this.
4. To interrogate and quiz a child on any topic without your express consent. You do not have to do this. You should not be asked this. This is not part of the preliminary assessment. You have the right to refuse this.

A word of caution – It may be in the best interest to contact Tusla AEARS to put in writing any requests or questions they may have and for this to be submitted prior to any face to face meeting or physical visits.

It is paramount that dignity and respect is maintained at all times. If you feel this is not being done, you are in your rights to request an alternative Tusla assessor and escalate to Tusla AEARS front-line management.

It is mandatory that respect and dignity is preserved during the preliminary assessment process. Any deviation is not acceptable and will not be tolerated. A fair and equitable preliminary assessment must be done consistently, and that all parties are properly informed.

Respect and dignity is the cornerstone of the HEN community. It is an unequivocal statement of intent that embraces our approach to home educating our children.

Please contact HEN if you feel that you have been mistreated during the preliminary assessment process. All information is confidential and is used to support the HEN community.

Please refer to our legal disclaimer for further clarification.

Comprehensive Assessment

If the Preliminary Assessment is deemed inconclusive, Tusla/AEARS may require a more detailed assessment, called a Comprehensive Assessment.

Ongoing  Monitoring Assessment

Once on the register, Tusla/AEARS may request occasional ongoing monitoring assessments. Often when a younger sibling is registering the assessor may also ask to complete an ongoing monitoring assessment of an older child. There is no set time frame for these assessments.

Information can also be found through Citizens Infomation.