Vol. 551 No. 4
273 Mr. R. Bruton asked the Minister for Education and Science if the arrangements envisaged in the Education Act, whereby a parent could appeal a complaint about a pupil's treatment beyond the school's board of management to an independent board, is in place; and if he will make a statement on the matter. [10941/02]
Section 29 of the Education Act, 1998, provides for an appeal to the Secretary General of my Department where a board of management of a school or a person acting on behalf of the board refuses to enrol a student; suspends a student for a cumulative total of more than twenty days in an academic year; or expels a student from the school. An appeal will generally not be admitted unless it is made within 42 calendar days from the date the decision of the board of management was notified to the parent or student concerned. However, a longer period for making appeals may be allowed as an exception where it is accepted that circumstances did not permit the making of an appeal within the 42-day limit. Section 29(4) provides that appeals must be concluded within a period of 30 days from the date of receipt of the appeal by the Secretary General, with the possibility of extending this period by 14 days. The date of receipt for this purpose shall be deemed to be the date on which the completed appeals application form containing all the required information has been received by my Department.
There are three layers to the procedures. Having regard to the desirability of resolving grievances within the school where possible, the parties to an appeal, i.e. the appellant and the board of management, will be asked to consider the matter in the first instance at local level to see if an accommodation can be reached. Notwithstanding the failure to reach agreement at local level, it may be considered possible to facilitate agreement between the appellant and school. If so, a facilitator will be appointed to attempt to broker an agreement between the parties. If facilitation fails the appeals will be forwarded to an appeals committee comprising of three people, that is, a departmental inspector and two other people who have the requisite expertise, experience and independence to serve on the committee.
The appeals committee will notify its determination to the Secretary General of my Department. The Secretary General will notify the parties of the determination of the appeal, and, if applicable, issue such directions as he or she considers necessary to the school. The board of management will be bound by such direction. The procedures outlined above have been in operation during the course of the current school year.
