Under Section 15 of the Education Act 1998 it is the duty of the Board of Management to manage a school on behalf of the patron and for the benefit of the students and their parents. As part of its functions the board has a duty to publish the policy of the school relating to the expulsion and suspension of students.
Section 23 of the Education Welfare Act 2000 requires all schools to have in place a Code of Behaviour. It is the responsibility of the board to ensure that students are in compliance with this Code of Behaviour and to deal with disciplinary matters in the school in accordance with this code.
There is no requirement for local school authorities to report details of suspensions or expulsions to my Department, nor do I believe that this should be the case.
Under Section 29 of the Education Act 1998, where a school Board of Management permanently excludes a student from school, that decision may be appealed, either to the relevant Vocational Educational Committee in the first instance, or to the Secretary General of my Department.
Only where a Section 29 appeal is lodged with the Department of Education and Skills will my Department have a record of an expulsion. The following table details the number of Section 29 appeals which have been lodged in relation to expulsion for each of the past five full years to date. Statistical details are not recorded on a county by county basis.
Only where an appeal has been upheld by a committee may the Secretary General of my Department direct that a child be re-admitted to a school. In respect of cases which are not upheld, such cases are referred by my Department to the National Educational Welfare Board (NEWB) which is the body who have statutory responsibility to assist parents to secure a school placement for their child. The NEWB will assist parents to find an alternative school placement or advise them as to the availability of Home Tuition support for their child pending the sourcing of a new school placement.
Section 29 Expulsions
Post primary
|
Expulsion
|
Withdrawn or Resolved prior to hearing
|
Upheld at Hearing
|
Not Upheld at Hearing
|
Totals
|
2005
|
16
|
10
|
42
|
68
|
2006
|
20
|
21
|
43
|
84
|
2007
|
20
|
11
|
40
|
71
|
2008
|
7
|
19
|
46
|
72
|
2009
|
17
|
7
|
32
|
56
|
Total
|
80
|
68
|
203
|
351
|
Primary
Expulsion
|
Withdrawn or Resolved
|
Upheld at Hearing
|
Not Upheld at Hearing
|
Totals
|
2005
|
6
|
3
|
3
|
12
|
2006
|
2
|
2
|
3
|
7
|
2007
|
1
|
2
|
2
|
5
|
2008
|
1
|
5
|
6
|
12
|
2009
|
3
|
2
|
3
|
8
|
Total
|
13
|
14
|
17
|
44
|