Dáil Éireann Debate, Tuesday - 12 December 2023
304. Deputy Michael Lowry asked the Minister for Education if her Department will review correspondence from the management of a school (details supplied); when her Department will contact the management of this school to offer them immediate assistance and advice to on this matter; and if she will make a statement on the matter. [54580/23]
View answerIt is the Section 29 appeals process to which the correspondence relates.
Section 29 of the Education Act 1998 as inserted by Section 7 of the Education (Admissions to schools) Act 2018 provides for an appeal, where a board of management, or a person acting on behalf of the board of management (normally the school principal) refuses to admit a student to a school, suspends a student for not less than 20 days or permanently excludes a student.
Section 29 D of this legislation provides for an oral hearing to be provided in circumstances where the appeal taken relates to a suspension of not less than 20 days, a permanent exclusion and a refusal to enrol decision that is for reasons other than oversubscription.
Section 29 E of the legislation provides that any appeal taken in respect of refused enrolment due to oversubscription, will be considered without an oral hearing.
Each appeal type, both oral and paper based is considered and determined by a three person appeal committee, appointed by me, as Minister, in accordance with Section 29 A(1) of the Act.
Within each appeal type, there is a provision for the hearing committee to allow or disallow or refuse to hear or determine the appeal before them. Section 29D, E and F outline the considerations that the appeals committee must make in determining each appeal. An appeal committee of three persons is appointed to consider each appeal.
In this case, this application went for hearing on 28 November 2023 and no decision has issued as of yet. A preliminary decision will issue to the school and the appellant and the school will then have an opportunity to make observations on same within 7 calendar days.
The Section 29 Administrative Unit of the Department of Education, has under the Education Act 1998, an administrative function only and, do not have any other authority with regard to the appeals process.
