Education Act 1998

F53 [ Appeals under section 29(1)(a) , (b) and (c)(ii)

29D

29D. ... ]

Annotations:

Amendments:

F53

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):

C10

Prospective affecting provision: 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)

F53 [ 29D. (1) An appeals committee shall, in accordance with procedures determined by the Minister under section 29B , hold an oral hearing for the purposes of an appeal under section 29(1)(a) , (b) or (c)(ii) .

(2) For the purposes of an appeal under section 29(1)(a) , (b) or (c)(ii)

( a ) oral hearings shall be conducted with the minimum of formality consistent with giving all parties a fair hearing, and

( b ) an appeals committee may, where it is of the opinion that reaching agreement on the matters the subject of the appeal is practicable in the circumstances, provide such assistance to the parties to reach agreement as the committee considers appropriate.

(3) For the purposes of an oral hearing under this section

( a ) the Child and Family Agency, or

( b ) in the case of a child with special educational needs, the National Council for Special Education,

may make such submissions, if any, to an appeals committee as it or they consider or considers appropriate.

(4) In hearing and determining an appeal under section 29 against a decision to which subsection (1)(a) or (b) of that section relates, an appeals committee shall have regard to

( a ) the nature, scale and persistence of any behaviour alleged to have given rise to, or contributed to, the decision made by or on behalf of the board and whether or not such behaviour is confined to specific classes in the school concerned,

( b ) the merit of any explanation offered by the student in relation to his or her behaviour,

( c ) the reasonableness of any efforts made by the school to enable the student to participate in and benefit from education and whether or not all reasonable efforts have been fully exhausted and any response by the student to any efforts made by the school to enable the student to participate in and benefit from education,

( d ) the educational interests of the student concerned and the desirability of enabling him or her to participate in and benefit from education with his or her peers,

( e ) the educational interests of, and the effective provision of education for, other students of the school and the maintenance of a classroom and school environment which is supportive of learning amongst all students in the school and ensures continuity of instruction provided to students,

( f ) any evidence that the behaviour of the student has impacted on the safety, health and welfare of teachers, staff or other students of the school,

( g ) the school s code of behaviour under section 23 of the Act of 2000 and other relevant policies of the school, and

(i) in the case of the code of behaviour, whether it complies with section 23 of the Act of 2000 and any guidelines issued under subsection (3) of that section, and

(ii) in the case of any other relevant policies, the extent to which each of them is implemented and is in compliance with

(I) any enactment that imposes duties on schools or their boards,

(II) any relevant guidelines or policies of the Minister,

( h ) the duties on schools or their boards imposed by or under any enactment,

( i ) any guidelines issued by the Child and Family Agency under section 22(7) of the Act of 2000,

( j ) any submissions made by the National Council for Special Education or the Child and Family Agency, and

( k ) such other matters as the appeals committee considers relevant.

(5) Nothing in subsection (4) affects the obligation of an appeals committee to allow an appeal under section 29(1)(a) if the parent of the student or the student, as the case may be, shows that subsection (1) or (4) of section 24 of the Act of 2000 has not been complied with in relation to that exclusion.

(6) Following an oral hearing under this section an appeals committee shall

( a ) come to its conclusion having examined and considered the evidence and materials made available to it, and

( b ) make a preliminary decision in relation to the appeal.

(7) An appeals committee shall, by notice in writing, notify the Minister, the applicant, the board and, where the Child and Family Agency or the National Council for Special Education made submissions at the oral hearing, the Agency or the Council of its preliminary decision under subsection (6) , the reasons for its preliminary decision and, where it proposes to allow an appeal, its proposed direction to the board.

(8) An applicant, the board, and where the Child and Family Agency or the National Council for Special Education made submissions at the oral hearing in accordance with procedures under section 29B , the Agency or the Council may, make observations to the appeals committee in relation to its preliminary decision and any proposed direction.

(9) An appeals committee shall, having considered any observations made under subsection (8) , make its final decision.

(10) Subject to subsection (9) , an appeals committee shall, in its final decision

( a ) allow the appeal, or

( b ) disallow the appeal.

(11) An appeals committee, in its final decision, shall

( a ) where it allows an appeal under section 29(1)(a) , include a direction to the board to readmit the student and remove the expulsion from the record of the student,

( b ) where it allows an appeal under section 29(1)(b) , include a direction to the board to readmit the student and remove the suspension from the record of the student, and

( c ) where it allows an appeal under section 29(1)(c)(ii) , include a direction to the board to admit the student.

(12) An appeals committee shall, by notice in writing, inform the Minister of its final decision and the reasons for its final decision and, where it allows an appeal, shall forward to the Minister a copy of the direction included in its final decision.

(13) The Minister shall, as soon as practicable after he or she receives a notice under subsection (12) , forward to the applicant, the board and, where the Child and Family Agency or the National Council for Special Education made submissions at the oral hearing, the Agency or the Council

( a ) a copy of the final decision of the appeals committee and the reasons for its decision, and

( b ) where the appeals committee has allowed an appeal, a copy of the direction included in the final decision of the appeals committee.

(14) A board shall comply with a direction under subsection (11) .

(15) In this section, Act of 2000 means the Education (Welfare) Act 2000 . ]