Brendan Howlin (Wexford, Labour)
Link to this: Individually | In context

Question 139: To ask the Minister for Education and Science the way she will provide for the educational rights of young people who are excluded from school under section 29 of the Education Act 1998 when it is amended; if the numbers of such young people will be greater when the Education (Miscellaneous Provisions) Bill 2007 is enacted; and if she will make a statement on the matter. [5076/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

Section 29 of the Education Act 1998, provides parents with an appeal process where a Board of Management of a school or a person acting on behalf of the Board refuses enrolment to a student. Where a school permanently excludes a pupil, the school is obliged to inform parents of their right under Section 29 of Education Act 1998 to appeal that decision to the Secretary General of my Department. Only where an appeal under Section 29 is upheld can the Secretary General of my Department direct a school to re-admit a pupil.

The Deputy will be aware that I recently published the Education (Miscellaneous Provisions) Bill. The Bill will give effect to the recommendations of the Task Force on Student Behaviour in Second Level Schools and set out criteria to be taken into account in the section 29 appeal process. These will include consideration of the right of the individual student to an inclusive education as well as the right of the general body of students and the whole school community to the maintenance of a school and classroom environment which is conducive to learning.

The changes to Section 29 contained in the Bill will not alter the basic right of parents to appeal a decision to exclude their child from a school. There is no evidence to suggest that the number of students excluded from schools will be significantly greater after the enactment of the Bill. The National Educational Welfare Board (NEWB) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The Welfare Board has indicated that it will treat children for whom an appeal under Section 29 has been unsuccessful as priority cases in offering such assistance.