Tackling school attendance problems in Ireland

2. Governance, legal and policy frameworks on school attendance in Ireland and other education systems

This section examines the governance, legal and policy frameworks that shape Ireland’s approach to school attendance. It outlines the responsibilities of national authorities, including the Department of Education and Youth (DEY) and the Tusla Education Support Service (TESS), and sets out the obligations placed on schools, parents and other stakeholders. The section also reviews the main legislative provisions related to attendance, reporting and intervention, and considers how broader policy frameworks shape national responses. Together, these elements provide the institutional context for understanding how Ireland addresses SAP. The section also provides examples from other countries.

2.1. Governance arrangements and national responsibilities in regard to school attendance

Understanding where responsibility for SAP lies is a key consideration, as this shapes governance structures and the ways education systems respond. Ireland was among the 23 education systems (out of 45) that responded they had a specific agency or institution with a mandate to oversee SAP (OECD, 2025[9]). In most countries, it is the responsibility of the Ministry of Education, though in some countries it is the Inspectorate who has a mandate to oversee SAP. In decentralised countries, it is often local authorities or municipalities who have the responsibility for SAP.

In Ireland, responsibilities in regard to school attendance are shared as follows: DEY sets national policy on school attendance, promotes the importance of regular attendance, supports schools and sets the legislative framework around school attendance. It funds and oversees the statutory educational welfare service TESS, which has an independent status, and supports and promotes school attendance, retention and participation.

More specifically, TESS is responsible for ensuring that every child attends a school regularly or otherwise receives an appropriate minimum education. It also advises the government on school attendance and education provision. Moreover, TESS receives attendance reports from schools, co-operates and advises schools on School Attendance Strategy that must be prepared by each school and sent to TESS. However, besides DEY and TESS, other stakeholders at the school level (such as schools, teachers, non-teaching staff, parents, students) have responsibility for school attendance, as described in later sections.

2.2. Legal frameworks on school attendance

Legal frameworks on school attendance are important for many reasons, including to promote access to education, protect children’s rights, support child development and establish accountability (Heyne, 2025[10]).

2.2.1. Legislation on school attendance in Ireland and other countries

Legal provisions in regard to compulsory school attendance vary across education systems (Figure 2). Of 45 education systems, 15 reported that minimum school attendance is required to complete a grade or year and 12 reported that minimum school attendance is required to pass a specific subject. In addition, 11 education systems indicated that minimum school attendance is required to complete an educational level. Most education systems (16) reported “Other” category, with a variety of responses, such as losing status as a regular student with too many unexcused absences (the Flemish Community of Belgium), potential grade repetition on a case-by-case basis (France), participating in certain exams [e.g. final assessments, open education exams and receiving formal student status documentation (Republic of Türkiye, hereafter ‘Türkiye’)], among others (OECD, 2025[9]).

Figure 2. Legal provisions in regard to compulsory school attendance

Number of education systems responding on different legal provisions

Note: Data are preliminary. Responses are based on the following question: “What are the legal provisions in your education system in regard to compulsory school attendance?”. 45 education systems responded to this item.

Source: OECD (2025[9]), OECD Policy Survey on School Attendance Problems.

In Ireland, the Education (Welfare) Act, 2000, provides for the entitlement of every child in the country to a minimum education and the compulsory attendance of certain children at recognised schools. Under Section 22, each school is obliged to have a statement of strategies to encourage regular attendance among students, and to keep attendance records for all their students (Government of Ireland, 2000[11]). The school board of management should ensure that the strategies outlined are followed ensuring that parents are informed at the earliest possible point of the school’s concern in regard to attendance and that the school follows the graded steps outlined in the strategy to address non-attendance.

Parents are legally required to send their children to school, and to notify the school principal of any reason for an absence. Student Absence Reports are mandatorily reported to TESS by schools twice a year for those students aged between 6 and 16 years who were absent for a cumulative total of 20 days or more in the school year. The absences can fall into the following categories: illness, urgent family reason, holiday, suspended, other and unexplained. Schools also submit the Annual Attendance Report which is a whole school report on the attendance of all students in the school including those aged under 6 and over 16. In addition, many schools monitor their attendance data through the school’s ongoing pastoral care support and frequently have attendance as a priority among the duties of the school management board (Government of Ireland, 2000[11]). In certain cases, schools should make referrals to the Educational Welfare Services of TESS (TESS, n.d.[12]). Where a school leader has a concern in relation to a student’s school attendance, and where the school has made all local efforts to resolve the problem and the school remains concerned about the student’s attendance, a formal referral can be made to Educational Welfare Services.

Considering the legislation in other countries, the Education Act in Norway mandates that schools actively follow up on students who are absent. Adopting a preventative approach, the Act aims to strengthen support for vulnerable children, young people and their families through enhanced co-operation between welfare services. The Act introduces the provision of a child co-ordinator for students under 18 experiencing SAP. It also enshrines several key rights for children, including the right to a safe and supportive school environment, the right to participate in decisions affecting them, the right to complete upper secondary education without a time limit, and the right to individually adapted education.

Similarly, Finland amended the Basic Education Act which requires education providers to proactively prevent absences and systematically monitor and address attendance issues. This legislative change reflects a significant shift from focusing solely on unauthorised absences to addressing all absences, recognising the broader impact of missed school days. Schools were already legally obligated to notify parents of unauthorised absences, fostering parental awareness and encouraging active involvement in addressing attendance challenges (Heyne, 2025[10]).

2.2.2. Enforcement of legislation

Parents and guardians have a legal obligation to ensure that their child attends a school or else receives an education. In case of prolonged absence from school, children or their parents can face consequences across countries. Policies related to enforced absence vary among education systems. Of 45 education systems, 31 reported that they have policies to punishment-related measures (e.g. disciplinary exclusions), whereas 24 education systems indicated that policies are available as protective or administrative actions. In nine education systems, there are no policies related to enforced absence (OECD, 2026[13]).

In Ireland, under the Education (Welfare) Act, 2000, the Educational Welfare Service can issue school attendance notices which may result in court summons and convictions (Government of Ireland, 2000[11]). The number of convictions is generally low though there has been an increase in recent years. In an answer to a parliamentary question in 2024, the then Minister for Education reported 39 convictions recorded for non-attendance under the Education (Welfare) Act, 2000, compared to 13 in 2022 (Houses of Oireachtas, 2024[14]). The Education (Welfare) Act, 2000, requires all schools to publish a Code of Behaviour which lays out the school procedures for expulsion and suspension. A suspension in the Code of Behaviour 2008 guidance is defined “as requiring the student to absent himself/herself from the school for a specified, limited period of school days”. Expulsions and suspensions of six or more consecutive days must be notified to TESS. In regard to forced absence, there are legal requirements for reporting annual expulsions, suspensions of six consecutive days, total number of students suspended in a year, and reduced school days (TESS, n.d.[15]).