Written answers

Tuesday, 28 March 2006

Department of Education and Science

School Management

11:00 pm

Paul McGrath (Westmeath, Fine Gael)
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Question 490: To ask the Minister for Education and Science the policy of her Department in regard to the hearing of section 29 appeals by her Department in circumstances where the chief executive officer of the vocational education committee has deemed such appeals to be inadmissible; if she will clarify her Department's interpretation of section 29(9) of the Education Act 1998; and if she will make a statement on the matter. [12192/06]

Paul McGrath (Westmeath, Fine Gael)
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Question 491: To ask the Minister for Education and Science if the determination of section 29 appeals in a vocational education committee school is now a reserved or executive function having regard to the provisions of the Vocational Education (Amendment) Act 2001. [12193/06]

Paul McGrath (Westmeath, Fine Gael)
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Question 492: To ask the Minister for Education and Science if she will clarify the operation of the 30-day rule as set out in the procedures for dealing with section 29 appeals as published by her Department; and the circumstances in which the number of days may be extended. [12194/06]

Paul McGrath (Westmeath, Fine Gael)
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Question 493: To ask the Minister for Education and Science the number of cases in which the 30-day rule as set out in the procedures for dealing with section 29 appeals has not been complied with by a vocational education committee or the appeals administration unit of her Department; and the reason attendant on same. [12195/06]

Paul McGrath (Westmeath, Fine Gael)
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Question 494: To ask the Minister for Education and Science if the review of the procedures referred to at paragraph 30, details supplied, has taken place; and, if so, if she intends to publish this review. [12196/06]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 490 to 494, inclusive, together.

The Deputy's questions refer to the procedures for hearing and determining appeals under section 29 of the Education Act 1998 in respect of VEC Schools. Section 29 of the Education Act 1998 provides that an appeal may be made to the Secretary General of my Department against the decision of a board of management, or a person acting on behalf of the board, to permanently exclude a pupil, suspend a pupil for a period which would bring the cumulative period of suspension to 20 school days in any one school year or refuse to enrol a child.

An appeal under section 29 of the Act is therefore, ultimately, an appeal to the Secretary General of my Department. Section 29(9) of the Act provides that in the case of a school which is established or maintained by a vocational education committee that the appeal shall lie, in the first instance, to the vocational education committee and thereafter to the Secretary General.

In accordance with section 29(10)(a) of the Act, I have prescribed the procedures for appeals to vocational education committees. Paragraph 9 of the procedures provides that "a maximum period of 30 days from date of receipt of the appeal by the CEO is allowable in the vocational sector for conclusion of the appeal process". Paragraph 29 of the procedures provides that the CEO "will, in writing, and within the 30 days allowed for conclusion of the appeals process, notify both parties of the determination of the appeal, the reasons therefore, and where necessary, will issue such directions as he/she considers to be expedient for the purpose of remedying the matter which was the subject of the appeal". This paragraph further provides that "the CEO will, simultaneously advise the appellant of the right of, and timeframe for, further appeal to the Secretary General". There are no circumstances under which the 30 days provided for determination of the appeal by the vocational education committee may be extended. Paragraph 31 of those procedures provides that "if the appellant remains unhappy with the outcome of this process he or she has an entitlement to make an appeal directly to the Secretary General".

As an appeal under section 29 is, ultimately, an appeal to the Secretary General of my Department, it is possible that my Department would have to consider the admissibility of an appeal even if that appeal had been deemed inadmissible by the CEO of a vocational education committee. If such an appeal was found to be admissible in accordance with the procedures then the appeal to the Secretary General would be admitted.

Paragraph 15 of the procedures requires each vocational education committee to form an appeals sub-committee for the purposes of hearing and determining appeals. Under section 31(13)(d) of the Vocational Education (Amendment) Act 2001, the confirmation of an act of a sub-committee is a reserved function.

Vocational education committees are not required to provide details to my Department on the number of cases in which the 30-day rule as set out in the procedures have not been complied with. However, in order to fully address the Deputy's question, my Department will write to each vocational education committee, requesting this data and the information will be forwarded to the Deputy as soon as possible.

Completion of a review of the procedures was deferred pending the work of the task force on student behaviour in second level schools. I launched the final report of the task force, School Matters, on 14 March 2006. The report recommended that the section 29 legislation be amended to stress the rights of the compliant majority to learn, while at the same time protecting the rights of the persistently disruptive student to an education. It also recommends that the timeframe involved in these appeals be looked at. In launching the report, I indicated that I intend to review existing legislation in order to take account of the task force recommendations and I will bring forward amending legislation as soon as this review is complete.

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