NABMSE Section 29 Appeals Joe O’ Connell, Limerick Education Centre

Outline Section 29 Background Process Case Study Plenary

Background Statutory Basis Education Act 1998 Education Welfare Act decisions of the BOM can be appealed; Refusal to Enrol Suspension ( 20 days suspension in anyone school yr.) Permanent Exclusion

Grounds on which a decision is appealed Enrolment: The school may have breached fair and reasonable procedures in dealing with your application There has been a failure by the school to correctly apply their published enrolment policy

Suspension or expulsion The school may have breached fair and reasonable procedures in dealing with you or your child There has been a failure by the school to correctly apply their Code of Behaviour’s rules on expulsion and suspension

Detail Required Dates Local Level proceedings Child’s SEN Copy of the BOM decision( if not available, why not?) Consent to contact NEWB and NCSE

High Court Clarifications The right of a parent to apply to the school of their choice but parents do not have an absolute right to have enrolled in that school- implication is parental school of choice alone is not a ground on which an appeal may be upheld Section 29 committees may only review decisions made by BOM to consider whether the BOM reasonably followed its own published lawful policies and procedures

High Court Clarifications The school is full- this decision rests with the BOM Not the role of the Committee to judge the Boards’ enrolment policy Minister has appealed 1 case to the Supreme Court

Process Entitled to appeal ‘generally’ within 42 days of the BOM decision Local resolution Facilitator appointed –local resolution Appeal hearing, Committee of three including a DES Inspector

Issues BOM not having an admissions/enrolment policy that is compliant (clear articulation of orientation and capacity of the school, criteria that will and have to be applied, different points unclear) BOM not making parents/guardians aware of the policy and procedures Weaknesses in the process: Determination by individual as opposed to BOM Application not being considered in a timely manner Lack of documentation- Not adhering to the agreed national timeframe

Case Study Please consider the issues in relation to the case

Case Study 1 School x caters for children who have moderate general learning disabilities; Parents have called to the school and sought an appointment to meet with the principal regarding an application for their son to be enrolled into 4th class. Six weeks after that date the BOM sends a letter to the parents refusing to enrol on the basis that the child does not meet the profile of the pupil for which the school caters. Are there any grounds for an appeal under Section 29? What are the learning points?

Case Study 2 A 6th class pupil has emotional and behavioural difficulties which the school staff and support personnel find very challenging. There have been repeated efforts through the available services and in-school plan to address his needs and cater for him. The parents of other children have made several complaints regarding unacceptable behaviour towards other children, teachers have complained regarding their own health and safety and well being. The Code of Behaviour provides for repeat incidents of unacceptable behaviour to be addressed through suspension from school. A parent has written to the school to ask as to why the school is not implementing its code of behaviour and suspending this child. The BOM is to consider the issue as its BOM meeting. What factors come into play?

Plenary Aon cheist ó éinne?