1 / 21

Section 29 Education Act, 1998

Section 29 Education Act, 1998. Appeal Process. Grounds for Appeal. Exclude a pupil permanently Suspension of 20 days in any one school year Refusal to enrol a child. Who Can Make an Appeal?. Parent of the child Child if over 18 years of age National education welfare board.

chogan
Download Presentation

Section 29 Education Act, 1998

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Section 29 Education Act, 1998 Appeal Process

  2. Grounds for Appeal • Exclude a pupil permanently • Suspension of 20 days in any one school year • Refusal to enrol a child

  3. Who Can Make an Appeal? • Parent of the child • Child if over 18 years of age • National education welfare board

  4. What Timescale Is Involved? • 14 days is given to the applicant to lodge the appeal from the day he/she was notified in writing of the decision. • The principal must notify the applicant of their right to appeal the decision. • Appeal should be made on section 29 appeal application form available from the VEC.

  5. Confirmation of Appeal • Appeal must be accompanied by a signed letter from appellant • Appellant should inform the school of the grounds on which they are making the appeal {signed letter}

  6. Application Form Details • Appellants full name, address, telephone • Students name • Decision being appealed • Grounds for the appeal • Name and address of school concerned • Date parent was informed of the decision • Outcome of appeal proceedings at school level

  7. CEO’s Role • CEO may seek clarification prior to allowing the appeal go ahead • CEO to ask those involved to consider a local resolution – within the school- 1week is allowed • CEO may only allow an appeal to be considered if it meets all stipulated criteria

  8. Processing of an Appeal • 30 days permitted for conclusion of an appeal in the vocational sector • CEO or nominee to keep appropriate records • CEO must acknowledge receipt of appeal to appellant and invite any further information • CEO to inform principal/board that appeal has been lodged and invite additional information

  9. Confidentiality • All information pertinent to the appeal to be treated in the strictest confidence. • All information pertinent to the appeal must be forwarded to the secretary general of the department of education and science in the event of a subsequent appeal to DES.

  10. Final Stages • CEO may deem an appeal inadmissible if procedures are not adhered to and in that case must notify the appellant and the school simultaneously • Appellant may withdraw the appeal at any time by notifying the committee to that effect

  11. VEC Appeal Sub-committee • No member of the sub-committee may be a member of B.O.M. of the school in question • Date, Time & Venue arranged by CEO in consultation with all involved for the purposes of hearing the appeal

  12. Appeal Hearing-the School Team • Principal • B.O.M. {1 person} • The school may ask the sub-committee for permission to take 2 additional persons to the hearing {these persons may not make statements at the hearing unless with the approval of the board

  13. Appeal Hearing-the Appellants Team • Both parents • Student • NEWB person • 2 others nominated by the appellant with prior approval of sub-committee

  14. Prior to Hearing Appeal • CEO to circulate full set of correspondence to appellant, school/board • CEO to notify both appellant and school of persons attending 3 days prior to hearing

  15. Prior to Hearing Appeal • Sub-committee may invite expert witnesses to attend and make statements • If either party can not attend they must notify sub-committee so that hearing can be rescheduled

  16. Failure to Attend the Hearing • In the event of either party not attending and not having notified the sub-committee the hearing may proceed in their absence.

  17. The Hearing • Appellant is asked to present their case • School asked to present their case • Both parties have the right of reply through the chair • Both parties have the right to question each other • Sub-committee have also the right to question both parties and call on expert witnesses to make statements

  18. Determination of Appeal • Practices within the school statutory/non-statutory • Educational interests of child • Educational interests of other students • Effective operation and management of school • Resource implications • Policies spirit/ethos of school

  19. Determination of Appeal • Sub-committee may take advice as appropriate • Put decision to a vote • Decision notified by sub-committee to VEC in writing {to include reason and recommendation}

  20. Notification to Appellant and School • CEO must write to the school and the appellant informing them of the determination • The reasons • The recommendations • CEO may issue instructions to the B.O.M as appropriate

  21. Right of Appeal to DES • CEO must simultaneously notify the appellant of their right to make a further appeal to the secretary general of DES. • All of this to be concluded within the 30 days allocated for the process.

More Related