Education for Persons with Special Educational Needs Act 2004

Appeals in relation to education plans.

12

12.—(1) Parents may, in respect of their child, appeal to the Appeals Board against—

( a) the discharge by the Council or a principal of a school of its or his or her duties in relation to—

(i) any statement or description of their child's special educational needs as set out in an education plan, or

(ii) any other statement or description appearing in the education plan as initially prepared or as it stands amended for the time being in consequence of a review,

on the ground that the statement or description is incorrect or inadequate to meet the child's special educational needs, or

( b) the discharge by a school or F20 [ the Health Service Executive ] of its duties with respect to an education plan on the ground that there has been a failure by it to implement any part of the plan.

(2) The Appeals Board shall hear and determine an appeal under this section within 2 months from the making thereof and such a determination may be one either to—

( a) allow the appeal and, as appropriate, give a direction to the principal of the relevant school or the Council requiring the principal or the Council to amend the plan in such manner as the Appeals Board considers appropriate and specifies in its direction or give such other direction to the principal, the F21 [ Health Service Executive ] or the Council relating to the child's education as the Board considers appropriate, or

( b) dismiss the appeal.

(3) The principal of the relevant school, F22 [ the Health Service Executive ] or the Council shall comply with a direction given to him or her or it under subsection (2).

(4) In this section “relevant school” has the same meaning as it has in section 8 .

Annotations:

Amendments:

F20

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 14, item 7(a), S.I. No. 887 of 2004.

F21

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 14, item 7(b), S.I. No. 887 of 2004.

F22

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 14, item 7(c), S.I. No. 887 of 2004.