Dáil Éireann debate -
Tuesday, 10 Jun 2003

Vol. 568 No. 1

Written Answers. - Proposed Legislation.

Conor Lenihan

Question:

349 Mr. C. Lenihan asked the Minister for Education and Science if he intends to reform the Education Act 1998 in relation to section 29 appeals in relation to school enrolment decisions, expulsions and suspension of students from schools. [15534/03]

Conor Lenihan

Question:

350 Mr. C. Lenihan asked the Minister for Education and Science if his attention has been drawn to the concerns of secondary school principals and staff in relation to the operation of section 29 appeals under the Education Act 1998; and if he intends to put the appeal procedure on a more independent footing rather than these cases being heard almost entirely by officials appointed by his Department. [15535/03]

Conor Lenihan

Question:

351 Mr. C. Lenihan asked the Minister for Education and Science the number of appeals dealt with by his officials under the section 29 appeal procedure of the Education Act 1998; the number of cases heard; and the number of times a school board has been successful in its appeal versus the appeal taken by a student. [15536/03]

Conor Lenihan

Question:

352 Mr. C. Lenihan asked the Minister for Education and Science the principles under which appeals taken under the section 29 procedure are determined; the guidelines which are issued to those officials who determine these appeals; and if they operate under any principle regarding their caseload with regard to precedents as well as other considerations. [15537/03]

Conor Lenihan

Question:

353 Mr. C. Lenihan asked the Minister for Education and Science if his attention has been drawn to the concern by school principals that the officials deciding section 29 appeals are not impartial in their work in view of the fact that their commitment as Department officials to guarantee a right to education can come into conflict with the school's desire to safeguard the education of others by expelling a consistently disruptive student. [15538/03]

Conor Lenihan

Question:

354 Mr. C. Lenihan asked the Minister for Education and Science the number and level of resources that have been committed to schools where a section 29 appeal is decided on the basis of retaining a student in a school despite arguments to the contrary from the school; and the percentage of cases in which this happens that there is a subsequent follow-up allocation of resources to the school from his Department to deal with a student with disruptive behavioural patterns. [15539/03]

Minister for Education and Science (Mr. N. Dempsey)

I propose to take Questions Nos. 349, to 354, inclusive, together.

I am satisfied that the appeal committees, which hear and determine appeals under section 29 of the Education Act 1998, do so in an independent, impartial, fair and reasonable manner.

Appeals under section 29 of the Act are processed in three stages. The first stage allows time for a local resolution to emerge. The second stage involves the appointment of an independent facilitator. The facilitator seeks to resolve the issue underlying the appeal to the satisfaction of both parties. Appeals which are not resolved at the local or facilitation stages progress to a full hearing before an appeal committee.

A separate and distinct committee is appointed to hear each appeal. The committee members are drawn from a panel of experienced educationalists, many of whom are ex-school principals. These people bring a wealth of in-school experience and perspective to their task. Only one of the three appeal committee members is an official of my Department. Under section 29(2) of the Education Act 1998, each committee shall include in its membership an inspector. I do not accept the suggestion that the involvement of an inspector on a committee represents a conflict of interest between a child's right to an education and a school's responsibility for the health and safety of the entire school population. I am satisfied that all appeal committee members have the requisite expertise, experience and independence to serve on the committees.

Each appeal is unique and is determined according to its particular circumstances. An appeal hearing is determined by the committee in the light of all the facts presented to it, including the views of any persons called by it to the hearing, and having due regard to: the established practices within the school for dealing with issues or grievances which are the subject matter of the appeal, including, where relevant and available, any statutory or non-statutory procedures, guidelines, regulations or other provisions in operation at any time; the educational interests of the student who is the subject of the appeal; the educational interests of all other students in the school; the effective operation and management of the school; any resource implications arising from the issues under appeal; where relevant, the policy of the patrons and the board of management in respect of the characteristic ethos of the school; and such other matters as the committee considers relevant.

My Department has provided each member of the appeal committee panel with a briefing note. I have asked my officials to forward a copy of this briefing note to the Deputy. To date, 164 appeals under section 29 have been dealt with. Of these, 43 were withdrawn, seven were resolved at local resolution stage and 50 were resolved at facilitation. Of the 64 appeals which have proceeded to a full hearing by committee, 38 were upheld in favour of the appellant and 26 were not upheld. A high number of appeals are resolved at the facilitation stage to the satisfaction of both parties. Many of the facilitators also serve as appeal committee members.

With regard to the question of resources it is the responsibility of school authorities to apply to my Department for the resources necessary for the continued education of any pupil. While an appeal committee may in the case of an appeal which is upheld, make recommendations to the Secretary General this does not in any way absolve the school of its responsibility in this regard. It is not the function of the appeal process to determine the type or level of resources that may be required by a pupil.

The National Educational Psychological Service, NEPS, is available to all post-primary schools recognised by my Department. It can advise on the management of any difficulties which pupils might experience and which may present problems in a school setting. Where appropriate, it can also advise on any educational supports which that be required to ensure that a pupil's time in school is as productive and positive as possible.

I have no plans at present to amend section 29 of the Education Act. However, officials in my Department are conducting an administrative review of the procedures for hearing appeals under section 29 of the Act. As part of this review, my officials will shortly be inviting all of the education partners to submit their observations on the operation of the appeals. If the Deputy has received representations from interested parties I urge him to forward these to the section 29 appeals administration unit of my Department so that they can be taken account of in the review.