Parents who educate children at home will soon receive guidelines to ensure their children are receiving the minimum standard of education.
A registrar of home educators will be compiled by the Department of Education and new education welfare officers will liaise with parents to ensure children receive a satisfactory education.
Announcing the legislation yesterday, the Minister for Education, Dr Woods, said a National Educational Welfare Board would be established to work with home educators.
It would provide "minimum education" guidelines and advise on how home study could be improved. The new procedures must be place before July 2002, but Dr Woods said the new board would be established much sooner.
Under the legislation, parents who are not providing an adequate education in the eyes of the Department will be advised on how to improve their teaching methods.
"If the child continues to receive an inadequate education, and if no resolution of the matter appears possible, the board, may, to protect the interests of the child, direct that he/she be enrolled in a recognised school," Dr Woods said.
If the parents ignored this direction then penalties could follow.
These include a fine of up to £500 and/or a month in prison. Further fines and sentences could be imposed where the parents continue to refuse to comply.
Under the new Education (Welfare) Act, the school attendance officers will be replaced by new education welfare officers.
"All children are entitled to receive a minimum standard of education and this new legislation will help to ensure that they do," a spokesman for the Department of Education said. However, parents are not legally obliged to follow these new guidelines.
If they prefer to work by their own guidelines, and the education welfare officer is satisfied the child is receiving a satisfactory education, then there should be no problems, according to the spokesman.
A special appeals process has been built into the new Act so parents receive a hearing.
"This provides that a judge nominated by the President of the District Court will listen to the views of the parents," the Minister said.
Reasons for educating children at home include personality clashes with teachers, bullying or a general dissatisfaction with the educational system.
One of the best-known cases of home education involves a Leitrim family who have been engaged in a three-year battle over their right to educate their son at home.
James and Lucy Duffy, of Drumkeeran, were recently fined a nominal £10 by Drumkeeran Court for their refusal to send their son to school.
After the court case, they said their son would not return to school and they would continue fighting for their right to teach him at home.