EYI Regulatory notice 02/2024
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1.0 Background
The Child Care Act1991, Section 58A, defines:
- A 'pre-school child' as a child who has not attained the age of six years and who is not attending a recognised school.
- A 'school-age child' as a child under the age of 15, attending a school-age service and enrolled in a school providing primary or post primary education.
The Department of Education has confirmed that, to be considered enrolled in a school, the child must be:
- Physically attending the school, and
- Registered on the Primary Online Database (POD). (in relation to children in primary education)
It is clarified that merely having an offer of a school place does not constitute enrolment.
2.0 Decision of the Early Years Inspectorate
The Early Years Inspectorate (EYI) has concluded the following criteria for recognising a school-age child:
- Physical attendance: The child must be physically attending primary school and registered on the POD or physically attending post primary education.
- Settling-in period: Services may accommodate a 'settling-in' period prior to school commencement. This period must: Be limited to two weeks (10 working days) before the start of school.
Be supported by accurate and verifiable records indicating this timeframe.
Records falling outside this timeframe will be considered non-compliant during inspections.
3.0 Rationale
This decision safeguards appropriate care ratios and ensures that staffing levels meet the developmental needs of children in pre-school settings. It also prevents unregistered pre-school services from inappropriately operating as school-age services.
4.0 Timeframe
This decision is effective immediately.
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