Requirement to Register with the Teaching Council - Terms and Conditions of Employment for Registered Teachers - Edition 2 - Chapter One

The Teaching Council Act 2001

The Teaching Council was established under the Teaching Council Act, 2001.

Section 30 of the Teaching Council Act commenced with effect from 28 January 2014 under S.1.No.419/2013 - Teaching Council Act 2001 (Commencement) Order 2013.

Section 30 prohibits payment from Oireachtas funds to people employed as teachers in recognised schools unless they are registered with the Teaching Council. Registration history details are provided by the Teaching Council and are retained by the Paymaster. The Department/ETB are prohibited from making salary payments in circumstances where a teacher has been permitted to teach by the employer but was not registered with the Teaching Council at that time.

Where registration is not renewed by the renewal date, the Council will, in accordance with Section 34, remove the teacher from the register. A teacher who has been removed from the register must reapply for registration under Section 31 of the Act. Such an application will include vetting by the National Vetting Bureau.

Recruitment of Teachers

Employers, when recruiting teachers, must comply with the registration requirements of the Teaching Council Act and with S.I. No. 32/2014.

Employers should ensure that registration with the Teaching Council is included as a requirement when advertising vacant teaching posts. Evidence of current registration should also be sought prior to that position being offered.

Employers must ensure that the requirement to maintain registration with the Teaching Council is inserted as a condition within all contracts.

An unregistered person employed in place of a teacher in a recognised school cannot be paid from public monies.

Limited exceptions under Ministerial Regulation from the requirement to employ a registered teacher

Limited exceptions are as follows:

  • An unregistered person may be appointed where an employer has made all reasonable efforts to appoint a registered teacher in accordance with the normal appointment procedures and no registered teacher is available to take up the position.
  • In the circumstance above the unregistered teacher will be paid a single rate of pay for unregistered persons (unqualified rate)
  • An unregistered person so appointed may not be paid from public funds for a continuous period of more than 5 consecutive school days.
  • The employer must be satisfied that an unregistered person so appointed is competent and capable of acting in the place of a registered teacher in the school.
  • Where circumstances dictate that an unregistered person may be employed, the employer shall continue to make all reasonable efforts to employ a registered teacher.
  • It must be a term and condition of the unregistered person's contract of employment that it will terminate immediately if the employer can replace him/her with a registered teacher, or at the expiry of a continuous period of 5 consecutive school days, whichever happens first.
  • The employer must retain evidence that it has been unable to employ a registered teacher in the place of registered teacher in a recognised school.
An Unregistered Person so appointed is:
  • subject to vetting with the National Vetting Bureau
  • must hold at least a level 7 qualification on the National Framework of Qualifications.
  • The school principal must record in writing that any such appointment has been made in accordance with the Regulations and shall inform the employer. This should be noted in the minutes of the next Board of Management/ETB meeting.

 

The Ministerial Regulations do not permit the payment from public funds of a registered teacher who is suspended from, or has been removed from, the register under Part 5 (Fitness to Teach) of the Teaching Council Act 2001.

The State must deliver native language to children of certain EU institution officials. In order to meet this requirement, an exception is provided for in the Ministerial Regulations to permit the employment of an unregistered person for a period of no more than one school year at a time and must not be re-engaged in that role on successive contracts.

The Department and the ETB are bound by the Regulations and are prohibited by law from making exceptions in individual cases. There is no discretion to depart from the Regulations.

The Teaching Council

The Act requires the Teaching Council to send written reminders annually to each registered teacher regarding registration renewal.

Where a teacher fails to apply to renew registration, the council is required to give one month's notice in writing that registration will not be renewed unless the application and renewal fee are submitted within that month.

Each year before his/her renewal date, the Teaching Council will send each teacher a reminder notice and renewal form to his/her last notified correspondence address. The council also issues renewal reminders by email.

A registered teacher should make a note of his/her renewal date and should contact the council if he/she does not receive a renewal notice when they would normally expect to receive such a notice.

In the event that registration is not renewed by the renewal date, the Teaching Council will send the teacher a notice stating that he/she will be removed from the register if registration is not renewed. The consequences of removal from the register for teachers in employment, including cessation of salary, will be specified in the notice.

The Paymaster

The Teaching Council provides the paymaster with registration details for all teachers on an ongoing basis.

The Paymasters checks the registration history for each person due to receive salary prior to processing each payroll to confirm registration.

Salary will not be paid by the paymaster to any person not registered with the Teaching Council.

There will be no retrospective payment for a period during which a person is unregistered.

Any salary paid in respect of a period during which registration has lapsed will be recovered by the Paymaster.

The Paymaster will resume payment of salary from the date of return to duties following registration with the Teaching Council.

Paid Leave of Absence

All teachers on any form of paid leave of absence must be registered with the Teaching Council and maintain that registration at all time. In the event that a person's registration lapses while on paid leave, salary will not be paid for the period he/she is unregistered.

Teaching Council Non Registration (TCNR) Leave

 A teacher who receives notice from the Teaching Council that he/she will be removed from the register if registration is not renewed, must immediately inform his/her employer and apply for TCNR leave.

TCNR leave is an unpaid leave of absence provided to enable registration issues to be dealt with. The employer should place a teacher on TCNR leave, subject to the following:

  • Those not registered but who are qualified and eligible for registration may be granted TCNR leave subject to a maximum of 6 months, to address whatever issues are delaying registration.
  • Those not eligible for registration to allow them to acquire the necessary qualifications to become registered. This TCNR leave is restricted to no more than 6 years.
  • To avail of TCNR leave evidence of actually pursuing registration must be submitted to employer. The employer confirms to the Paymaster that a period of TCNR leave has been granted.

 

 

For full details on the Requirement to Register with the Teaching Council please refer to Terms and Conditions of Emplopyment for Registered Teachers - Edition 2 - Chapter One.