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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.

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Section 29 Education Act, 1998

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  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.

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