Aodhán Ó Ríordáin
Question:929. Deputy Aodhán Ó Ríordáin asked the Minister for Education the regulations in place to allow for the expiry of a suspension on a student’s record within the lifetime of attendance at a school. [15495/21]
View answerWednesday, 24 March 2021
Questions (929)
Written answers
Section 7 of the Education (Admissions to Schools) Act 2018 has provided for the replacement of the existing Section 29 of the Education Act 1998 with a series of new sections numbered 29 to 29F. These new appeal provisions in sections 29 to 29F came into operation on 12 November 2020.
The appeals system provides for a parent/guardian to take an appeal in respect of a decision by a school’s board of management or person acting on behalf of the board of management to suspend a student from attendance at a school for 20 or more school days in a school year.
Appeals against suspension are examined and determined by an independent appeals committee by way of oral hearing after which a committee must issue a decision, and reasons for that decision, to the parties to the appeal.
In accordance with section 29D (11) where a committee allows an appeal the decision shall include a direction to the board of management of the school to readmit the student and remove the suspension from the student’s record.
Where an appeal is disallowed, the suspension stays on the record of the student. However the NEWB Developing a Code of Behaviour: Guidelines for Schools (www.tusla.ie/uploads/content/guidelines_school_codes_eng.pdf) state in section 11.10 that:
“When any sanction, including suspension, is completed, a student should be given the opportunity and support for a fresh start. Although a record is kept of the behaviour and any sanction imposed, once the sanction has been completed the school should expect the same behaviour of this student as of all other students”
Under these guidelines schools are required to have a policy on and fair procedures for the use of suspension.