Written answers
Thursday, 11 February 2010
Department of Education and Science
School Enrolments
5:00 pm
Brian Hayes (Dublin South West, Fine Gael)
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Question 283: To ask the Minister for Education and Science the number of section 29 appeals taken in each of the past five years at primary level; the reason for these appeals; the outcome of these appeals; and if he will make a statement on the matter. [7487/10]
Brian Hayes (Dublin South West, Fine Gael)
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Question 284: To ask the Minister for Education and Science the number of section 29 appeals taken in each of the past five years at second level; the reason for these appeals; the outcome of these appeals; and if he will make a statement on the matter. [7488/10]
Batt O'Keeffe (Cork North West, Fianna Fail)
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I propose to take Questions Nos. 283 and 284 together.
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, expels, suspends for a period greater than 20 days, or refuses to enrol a student. In these circumstances, the school is obliged to inform parents of their right under Section 29 of Education Act 1998 to appeal that decision. Where the school is established or maintained by a VEC an appeal shall lie in the first instance to the VEC and thereafter 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 enrol or re-instate a pupil.
The information requested by the Deputy is included in the attached table, which details the total number of appeals admitted by the Department for each of the last five years at primary and second level, the reason for the appeals and the outcome of these appeals.
Appeals in | 2009 | 2008 | 2007 | 2006 | 2005 | |
Post-Primary | 266 | 214 | 188 | 181 | 216 | |
Primary | 124 | 171 | 195 | 85 | 84 | |
Total | 390 | 385 | 383 | 266 | 300 | |
Refusal to Enrol | ||||||
Post Primary | ||||||
Refusal to enrol | Withdrawn | Local Resolution | Facilitator Resolution | Upheld at Hearing | Not Upheld at Hearing | Totals |
2005 | 18 | 39 | 13 | 31 | 36 | 137 |
2006 | 25 | 8 | 3 | 30 | 27 | 93 |
2007 | 27 | 3 | 9 | 44 | 25 | 108 |
2008 | 16 | 16 | 22 | 30 | 45 | 129 |
2009 | 41 | 19 | 33 | 42 | 68 | 203 |
Total | 127 | 85 | 80 | 177 | 201 | 670 |
Primary Sector | ||||||
Refusal to enrol | Withdrawn | Local Resolution | Facilitator Resolution | Upheld at Hearing | Not Upheld at Hearing | Totals |
2005 | 7 | 10 | 15 | 24 | 14 | 70 |
2006 | 27 | 5 | 9 | 20 | 13 | 74 |
2007 | 35 | 17 | 48 | 28 | 60 | 188 |
2008 | 33 | 15 | 32 | 28 | 42 | 150 |
2009 | 30 | 12 | 14 | 19 | 40 | 115 |
Total | 132 | 59 | 118 | 119 | 169 | 597 |
Expulsions | ||||||
Post primary | ||||||
Expulsion | Withdrawn | Local Resolution | Facilitator Resolution | Upheld at Hearing | Not Upheld at Hearing | Totals |
2005 | 9 | 1 | 6 | 10 | 42 | 68 |
2006 | 9 | 2 | 9 | 21 | 43 | 84 |
2007 | 17 | 0 | 3 | 11 | 40 | 71 |
2008 | 3 | 2 | 2 | 19 | 46 | 72 |
2009 | 13 | 0 | 4 | 7 | 32 | 56 |
Total | 51 | 5 | 24 | 68 | 203 | 351 |
Primary | ||||||
Expulsion | Withdrawn | Local Resolution | Facilitator Resolution | Upheld at Hearing | Not Upheld at Hearing | Totals |
2005 | 4 | 0 | 2 | 3 | 3 | 12 |
2006 | 2 | 0 | 0 | 2 | 3 | 7 |
2007 | 0 | 0 | 1 | 2 | 2 | 5 |
2008 | 1 | 0 | 0 | 5 | 6 | 12 |
2009 | 3 | 0 | 0 | 2 | 3 | 8 |
Total | 10 | 0 | 3 | 14 | 17 | 44 |
Suspensions | ||||||
Post Primary | ||||||
Suspension | Withdrawn | Local Resolution | Facilitator Resolution | Upheld at Hearing | Not Upheld at Hearing | Totals |
2005 | 3 | 0 | 0 | 4 | 4 | 11 |
2006 | 1 | 0 | 1 | 0 | 2 | 4 |
2007 | 2 | 0 | 3 | 2 | 2 | 9 |
2008 | 1 | 1 | 2 | 6 | 3 | 13 |
2009 | 0 | 0 | 2 | 2 | 3 | 7 |
Total | 7 | 1 | 8 | 14 | 14 | 44 |
Primary | ||||||
Suspension | Withdrawn | Local Resolution | Facilitator Resolution | Upheld at Hearing | Not Upheld at Hearing | Totals |
2005 | 0 | 0 | 0 | 1 | 1 | 2 |
2006 | 1 | 0 | 0 | 1 | 2 | 4 |
2007 | 0 | 0 | 0 | 1 | 1 | 2 |
2008 | 0 | 2 | 2 | 3 | 2 | 9 |
2009 | 1 | 0 | 0 | 0 | 0 | 1 |
Total | 2 | 2 | 2 | 6 | 6 | 18 |
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