Dáil Éireann Debate, Wednesday - 3 February 2021
386. Deputy Pádraig O'Sullivan asked the Minister for Education if she is satisfied with the current section 29 appeals system for schools; the number of appeals made in 2020; the number of appeals that were made and successful in 2020, by county in tabular form; and if she will make a statement on the matter. [5805/21]
Amharc ar fhreagraThe Deputy may be aware that the new section 29 appeals system commenced on 12th November 2020.
Section 7 of the Education (Admissions to School) Act 2018 provided for the replacement of Section 29 of the Education Act 1998 with a series of new sections numbered 29 to 29F. These new sections are designed to work alongside the wider admissions framework in the 2018 Act.
Under the provisions of the Education (Admission to Schools) Act 2018, all schools are required to draft admissions policies, which have been approved by the patron, following consultation with staff and parents of children who are attending the school. The school’s admissions policy must be published on the schools website. It is a key requirement of the act that all school admission policies are fair and transparent.
In accordance with the Education Acts 1998 to 2018 the appeals system provides for a parent/guardian to take an appeal in respect of a decision by a school board or person acting on behalf of a school’s board to permanently exclude a student from a school; to suspend a student from attendance at a school for 20 or more school days in a school year; or to refuse to admit a student to a school. Regarding refusal to admit a student this decision can be because the school is oversubscribed or for a reason other than oversubscription.
Appeals in relation to expulsion, suspension and refusal to enrol for reasons other than oversubscription are held by oral hearing.
Appeals in relation to oversubscription cases are examined without oral hearing and a parent/guardian must first seek a review by the school’s board of management before taking a section 29 appeal in respect of oversubscription.
An independent appeals committee are appointed to consider each appeal. My Department has no authority to compel a school to admit a student, except in circumstances where an appeal is allowed and the appeals committee directs that the school admit the child concerned.
My Department does not categorise appeals by location. However, I can advise that the total number of appeals under section 29 in 2020 was 389. Of these 209 proceeded to a hearing and 64 of these were upheld at the hearing.
