Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 273: To ask the Minister for Education and Science if the final appeal on a proposed expulsion from a school is made to the education and welfare board; and if she will make a statement on the matter. [16582/05]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The Education (Welfare) Act 2000 established the National Educational Welfare Board as the single national body with responsibility for school attendance. The Act provides a comprehensive framework promoting regular school attendance and tackling the problems of absenteeism and early school leaving. The general functions of the board are to ensure that each child attends a recognised school or otherwise receives a certain minimum education.

Section 24(4) of the Act requires that a student shall not be expelled from a school before the passing of 20 school days following the receipt of such a notification by the educational welfare officer. However, this requirement is without prejudice to the right of the board of management of a school to take such other reasonable measures as it considers appropriate to ensure that good order and discipline are maintained in the school and that the safety of students is secured.

In January 2005, the NEWB issued guidance booklets to the management authorities of all primary and post-primary schools on the reporting of student absences and expulsions.

Section 29 of the Education Act 1998 provides for an appeal to the Secretary General of my Department where a board of management or a person acting on behalf of the board refuses to enrol a student, suspends a student for a cumulative total of more than 20 days in an academic year or expels a student from the school.

Provision also exists under section 29 for the NEWB to make a submission at the hearing of an appeal brought by a parent or student against expulsion. The NEWB may take an appeal under section 29 of the Education Act 1998. However, the NEWB does not exercise a decision-making function with regard to determining an appeal under section 29 of the Education Act 1998.