Written answers

Thursday, 1 December 2005

Department of Education and Science

School Discipline

5:00 pm

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)
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Question 224: To ask the Minister for Education and Science the number of appeals which have been lodged and finalised under section 29 of the Education Act 1998 in 2004 and to date in 2005; the locations from which these appeals originated from around the country; the number of these appeals related to children with special educational needs; and if she will make a statement on the matter. [37481/05]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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The statistical information requested by the Deputy is contained in the attached document.

Year Withdrawn Upheld at Hearing Not Upheld at Hearing Local Resolution Facilitator Resolution Total
2005 33 55 82 50 29 249
2004 45 85 71 14 48 263
Distribution of Appeals under section 29 in 2004 and to date (30th November) 2005.
2004 2005
Cavan 6 3
Carlow 0 1
Clare 1 4
Cork 15 21
Donegal 4 3
Dublin 86 75
Galway 11 15
Kerry 9 11
Kildare 10 14
Kilkenny 11 5
Laois 1 4
Limerick 39 45
Longford 9 0
Louth 2 1
Mayo 7 1
Meath 10 2
Monaghan 1 1
Offaly 1 8
Sligo 3 2
Tipperary 10 1
Waterford 4 1
Westmeath 7 9
Wexford 14 19
Wicklow 2 3
263 249

Section 29 of the Education Act 1998 provides for an appeal to the Secretary General of the Department of Education and Science in respect of a decision taken by, or on behalf of, a board of management of a recognised school to permanently exclude a student from the school, suspend a student from the school for a period which would bring the cumulative period of suspension to 20 schools days in any one school year, or refuse to enrol a student in the school.

In 2004, there were 263 appeals dealt with under section 29 of the Education Act 1998. In the time available it is not possible to identify how many of these appeals in 2004 involved children with special educational needs. To date in 2005, 249 appeals have been dealt with. Since early 2005, where a section 29 appeal is received on behalf of a child with special educational needs, the National Council for Special Education is notified and a special educational needs organiser will contact both the parent and the school in advance of the appeal hearing. The organiser is responsible for deciding what supports the school would receive on enrolling the child. The organiser will draw up a report giving the educational background to the case, detailing the special educational need, if any, and identifying the resources which would be approved were the child to attend or be readmitted to the school. In such cases the report is considered by the section 29 appeals committee in reaching a determination. There have been 26 such appeals dealt with to date in 2005. It should be noted that appeals which progress to a hearing are determined by the appeals committee based on all of the information presented and available to the committee. The issue would rarely, if ever, be as simple as whether or not the child had a special educational need.

The Education Act 1998 requires all schools to have in place an admissions policy, detailing admission to and participation by students with disabilities or who have other special educational needs. The Act also requires schools to ensure, as regards that policy, the principles of equality and the right of parents to send their children to a school of the parents choice are respected.

The Department provides a range of supports to all schools to enable them to welcome students with special educational needs. However, this requires a willingness on the part of schools to be proactive in this area and also a willingness on the part of parents to actively assert their rights in terms of their choice of school and their right to appeal where a child is refused enrolment, expelled or suspended. The Education (Welfare) Act 2000 requires all schools to have in place a code of behaviour detailing the circumstances under which the penalties of suspension and expulsion may be incurred.

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