Dáil Éireann Debate, Tuesday - 1 May 2018
175. Deputy Thomas Byrne asked the Minister for Education and Skills his views on whether the section 29 procedure is inappropriate in the case of a proposed expulsion or suspension of a child with special needs; and his plans for reform in the area. [19043/18]
Amharc ar fhreagraUnder Section 23 of the Education (Welfare) Act 2000 each school is required to develop a Code of Behaviour. Each Code of Behaviour must be developed in accordance with the Education Welfare Service national guidelines, Developing a Code of Behaviour: Guidelines for Schools.
Each school Code of Behaviour sets out the standards of behaviour that shall be observed by each student attending the school. The Code of Behaviour must also set out any measures that the school may take when a student fails or refuses to observe those standards of behaviour. The Code of Behaviour must also disclose the procedures to be followed before a student may be suspended or expelled from the school. The School must implement fair procedures when considering whether to suspend or expel a student and the school is obliged to take special care to ensure that the fair procedures are accessible to students with special educational needs.
Under Section 29 of the Education Act, 1998 an appeal can be made to the Secretary General of my Department where a board of management has decided to suspend a student for more than 20 school days in any school year or to permanently expel a student. In relation to expulsion, a Section 29 appeal can only be taken where a board of management have formally decided to expel a student. Under Section 24 of the Education Welfare Act, 2000 a board of management must inform the Education Welfare Service of Tusla when they intend to expel a student and the Board must allow 20 school days to pass before making a decision on whether to formally proceed with the expulsion.
Each Section 29 Appeals Committee conduct a full ‘de novo’ appeal on the matter. The Appeals Committee must come to their own independent determination on whether the suspension or expulsion is warranted. In the appeal hearing, parents outline the grounds for their appeal and they are also allowed to question the school representatives through the Appeals Committee chairperson.
Each Section 29 Appeals Committee is made up of three members. One of these must be a serving school inspector and the other two members are normally retired former school principals and inspectors. It is generally individuals with significant experience of working in the education sector, normally at a senior level in schools, who are appointed to serve as Appeal Committee members. My Department also provides regular training to Section 29 Appeal Committee members.
While I do not believe that the Section 29 Appeals process is inappropriate in the case of a suspension or expulsion of a student with special educational needs, I am proposing to make some changes to the Section 29 Appeals process as part of the Education (Admission to Schools) Bill 2016. These changes aim to make the Section 29 appeals process more efficient and less cumbersome for parents and schools. Among the changes proposed, I am setting out in legislation for the first time the factors that a Section 29 Appeals Committee must have regard to when hearing and determining an appeal in relation to suspension or expulsion.
