Education for Persons with Special Educational Needs Act 2004

Appeals in relation to assessments.

6

6.—(1) Parents may, in respect of their child, appeal to the Appeals Board against an assessment made under section 3 or 4 in relation to the child on the ground that it was not carried out in a manner which conforms with the standards determined under section 5 (5) .

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

( a) allow the appeal and give such direction as it considers appropriate to the principal, the F11 [ Health Service Executive ] or the Council, as appropriate, (which may include a direction requiring a fresh assessment under section 3 or 4 to be carried out in relation to the child), or

( b) dismiss the appeal.

(3) A principal of a school, F12 [ the Health Service Executive ] or the Council shall comply with a direction given to him or her or it under subsection (2) .

Annotations:

Amendments:

F11

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 14, item 4(a), S.I. No. 887 of 2004.

F12

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 14, item 4(b), S.I. No. 887 of 2004.