Section 29 Appeals Education Act 1998 Special Education Act 2000 (EPSEN) Equal Status Act Education Welfare Act Circular 48/01

Reasons for Appeal Permanently exclude a student Suspend a pupil for cumulative 20 days in a school year Refuse to enroll a student Note: ETB/Community Colleges---ETB Remainder ---Secretary General of DES Parents/Guardian/Student over 18 can appeal EWO can initiate an appeal Schools must notify parents of right of appeal/timeframe Appeal must be within 42 Calendar Days not school days

Appellant Must give details of attempts made at local level to find solution eg. BOM., Patron, ETB Give grounds for appeal Copy of BOM decision Notify the school of appeal and grounds

Procedures Inadmisable Both parties asked to reach accommodation Facilitator Appointed Appeals Committee for hearing

Requirements from School Enrolment Policy Code of Behavior Suspension Policy Expulsion Policy Relevant BOM meeting minutes Correspondence with parents Record of behavior of student Keep EWO,SENO, NEPS, Social worker informed

Facilitator Meets Principal and or Chairperson Meets Parent/Guardian and/or pupil Issues a report re. outcome to DES

Appeal Process Burden for Principal Must show balance between rights of individual v rights of other pupils to a safe and productive environment For Enrolment appeals Capacity/available resources v rights of student

Hearing Very Formal Des Inspector + 2 Appellant 2 speakers + 2 observers (optional), sometimes legal, political, sporting, etc. School 2 nominated speakers,+ 2 observers. Nearly always Principal and Chair BOM, or CEO/ETB rep. EWO is invited and may address the Board SENO,NEPS, Social worker may be invited and asked questions Appellant side speaks first and asked questions by Board School side speaks and asked questions by Board Address each other through chair

RESULT Upheld---School breached its own policies Not to uphold---School did not act unreasonably/unlawfully Determination--- Secretary General Result Binding BUT Judicial Review possible

Implications for BOM Code of Behavior --- NEWB guidelines, standards, sanctions, suspension and expulsion policies, grounds for removal of suspension, procedure for student absences. Admissions Policy---Specific details for new entrants, special needs students, transfer students, repeat and PLC students, expelled from other school students. Natural Justice vital---Right to be heard, can’t be a judge in one’s own case ie. Bias Time limits adhered to Importance of written records

2015 DATA 384 Appeals in both sectors 123 Withdrawn 2 Local resolution 28 Facilitator 231 Hearing 80 upheld 151 not upheld

Questions