Michael Ring (Mayo, Fine Gael)
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Question 81: To ask the Minister for Education and Science the number of students expelled from secondary school for the most recent year for which statistics are available; the number of such students who successfully appealed this expulsion with her Department; and if she will make a statement on the matter. [5581/06]

Paul Kehoe (Wexford, Fine Gael)
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Question 101: To ask the Minister for Education and Science the number of students at second level expelled from schools in the 2004/05 school year; and if she will make a statement on the matter. [5580/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 81 and 101 together.

In January 2005, the National Educational Welfare Board, NEWB, issued guidelines to the management authorities of all primary and post-primary schools on reporting student absences and expulsions. These guidelines advise that the board of management must report its decision to expel a student to the NEWB. According to its analysis of the annual attendance reports submitted by schools under the Education (Welfare) Act 2000, the National Educational Welfare Board has reported that it was notified of 93 cases of expulsion of students from post-primary schools in the 2004/05 school year.

Under section 23 of the Education (Welfare) Act 2000 schools are required to have in place a code of behaviour detailing the circumstances under which the penalties of suspension and expulsion may be incurred. The Act requires that each board of management formulates a code of behaviour in consultation with teachers, parents and the NEWB. 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.

Statistics on appeals under section 29 of the Education Act 1998 are held on a calendar year basis. In 2005 there were 59 appeals submitted under section 29 of the Education Act 1998 relating to permanent exclusions from post-primary schools. Of these, seven appeals were withdrawn by the appellant, one was resolved at local level and six were resolved with the assistance of a facilitator. The remaining 45 appeals progressed to a hearing before a section 29 appeals committee. Of these, eight appeals were upheld and 37 were not upheld.