Education Act 1998

F51 [ Procedures in relation to appeals

29B

29B. ... ]

Annotations:

Amendments:

F51

Inserted by Education (Admission to Schools) Act 2018 (14/2018), s. 7(2), not commenced as of date of revision, subject to transitional provision in subs. (3).

Modifications (not altering text):

C8

Section inserted by Education (Admission to Schools) Act 2018 (14/2018), s. 7(2), not commenced as of date of revision, subject to transitional provision in subs. (3).

F51 [ 29B. (1) The Minister may, from time to time, having regard to the principles of inclusion, equality of access to and participation in education, efficiency, effectiveness, clarity and fairness for applicants and schools and following consultation with bodies representative of patrons, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, determine procedures for the purpose of sections 29 to 29F and such procedures may provide for all or any of the following:

( a ) the period within which an appeals committee shall determine an appeal and, in that regard, the Minister may

(i) determine different periods during which an appeal under paragraph (a) , (b) or (c)(ii) of section 29(1) shall be heard and determined, and an appeal under section 29(1)(c)(i) shall be determined, and

(ii) determine periods during the year which shall not be included for the purposes of the calculation of a period under subparagraph (i) ;

( b ) the manner by which an appeals committee shall determine an appeal, including in the case of an appeal under section 29(1)(a) , (b) or (c)(ii) , procedures regarding the holding of an oral hearing and the examination by the appeals committee of parties to the appeal;

( c ) the form and manner in which the Child and Family Agency and the National Council for Special Education may make submissions at an oral hearing in an appeal under section 29(1)(a) , (b) or (c)(ii) ;

( d ) the form and manner in which an appeal shall be brought, including the period during which an appeal shall be brought;

( e ) in the case of an appeal under section 29(1)(a) , (b) or (c)(ii)

(i) the fixing and notification of the date, time and location of an oral hearing, and

(ii) the circumstances in which an adjournment of an oral hearing may be granted;

( f ) that an appeals committee may by notice in writing require an applicant, board, or other relevant person or body to furnish to the committee the information specified in the notice within the period specified in that notice;

( g ) the period during which and manner by which an appeals committee shall notify the Minister of its decision and the reasons for its decision;

( h ) information which shall be submitted to an appeals committee by an applicant when making an appeal under section 29(1)(c)(i) or (ii) which shall include

(i) a copy of the application for admission,

(ii) a copy of the decision to refuse admission,

(iii) where a request has been made under section 29C , a copy of that request and a copy of any statement received from the board under subsection (5) of that section, and

(iv) the grounds of the appeal;

( i ) information which shall be submitted by a board to an appeals committee where an appeal has been made under section 29(1)(c)(i) or (ii) which shall include the school s admission policy and the school s annual admission notice;

( j ) the form and manner in which a request for a review under section 29C(1) shall be made, including the period during which such request shall be made and the period in which the board shall issue a statement under section 29C(5) ;

( k ) the manner in which, and period during which, a review under section 29F(5) shall be undertaken;

( l ) such other consequential or ancillary matters as the Minister considers appropriate.

(2) An appeals committee, an applicant and a board shall comply with procedures determined by the Minister under this section. ]