John Cregan (Limerick West, Fianna Fail)
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Question 178: To ask the Minister for Education and Science the authority and process by which a second level school (details supplied) in County Dublin can expel or suspend a pupil; the criteria or regulation under which a pupil can be expelled on a Monday morning because of an altercation between them and a fellow pupil which took place over the weekend; if his Department will assist in getting this pupil back into school after eight months; and if he will make a statement on the matter. [43274/08]

Batt O'Keeffe (Cork North West, Fianna Fail)
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Under Section 15 of the Education Act 1998, it is the duty of the Board of Management to manage a school on behalf of the patron and for the benefit of the students and their parents. As part of its functions, the board has a duty to publish the school's policy on the expulsion and suspension of students. Section 23 of the Education Welfare Act 2000 requires all schools to have in place a code of behaviour. It is the responsibility of the board to ensure that students comply with this code of behaviour and to deal with disciplinary matters in the school in accordance with this code. The National Educational Welfare Board is the statutory agency that assists parents who experience difficulty in securing a school place for their child.

I am advised that the board is aware of this case and is providing advice and guidance to the parents. Sanction for Home Tuition has been approved by the Department of Education and Science as an interim measure, until a school place is secured. Under section 29 of the Education Act 1998, where a school board of management permanently excludes a student from school, that decision may be appealed either to the relevant vocational educational committee, or to the Secretary General of my Department. I understand that the father of this student has initiated a section 29 appeal to my Department and my Department has requested additional documentation before it can commence the appeal process.