Dáil Éireann Debate, Wednesday - 21 April 2021
1050. Deputy Réada Cronin asked the Minister for Education the rationale for the new revised section 29 appeals process (details supplied); the way in which this revision and demand fit the best interest of the child principle; and if she will make a statement on the matter. [19909/21]
View answerUnder Section 29 of the Education Act 1998, an appeal may be made to the Department of Education in respect of a decision by a school Board of Management or a person acting on behalf of a Board of Management to permanently exclude a student from the school, to suspend a student from attendance at the school for a period or periods totalling not less than 20 school days in a school year or to refuse to admit a student to the school.
The Education (Admission to Schools) Act 2018 provided for the replacement of section 29 of the Education Act 1998 with sections 29A to 29F. The purpose of this change is to make the appeals process fit for purpose and less cumbersome for parents and schools. The changes came into effect for all appeals received from 12th November 2020.
The above changes are part of the legislative changes to the school admissions process which aim to give parents greater confidence that school admissions process are fair and transparent and provides that schools are legally required to accept all applicants where they have places.
Under the new provisions, oral hearings are provided for appeals in respect of expulsion and suspension and where refusal to admit is for reasons other than oversubscription. A preliminary decision issues for all oral hearings and both parties to the appeal are provided with an opportunity to submit their observations on this preliminary decision before the final decision issues. The outcome of these appeals is to allow or disallow the appeal. For expulsion and suspension appeals that are allowed the committee directs that the expulsion or suspension be removed from the record of the student. For appeals where the refusal to admit was for reasons other than oversubscription, the outcome is to allow or disallow the appeal, where the committee allows such appeals the direction to the school is to admit the student. Prior to these appeals being lodged the appellant can first seek a review by the board of management in advance of making an appeal to this Department.
For appeals taken in respect of refusal to admit due to the school being oversubscribed, the appeals committee conduct a paper based consideration of all such appeals. Prior to these appeals being lodged the appellant must first seek a review by the schools board of management of their application for enrolment. This process allows the school to consider if any error occurred in the schools processing of the enrolment application. When the appeals committee has considered these paper based appeals the outcome is to allow or disallow the appeal. Where appeals under this category are allowed a direction is given to the school to admit the student or adjust the ranking of the student on the waiting list.
Further information on the section 29 appeals process can be found at Appeal against Permanent Exclusion, Suspension or Refusal to Enrol - Department of Education and Skills
Tusla Education Support Services (TESS), the Educational Welfare Service of the Child and Family Agency, is the legal body which can assist parents who are experiencing difficulty or may require assistance in securing a school placement for their child. Contact details for TESS are available at the following link https://www.tusla.ie/tess/get-in-touch/ or by email at tessinfo@tusla.ie
