Education Act 1998

F46[Appeals

29

29.—(1) Where a board or a person acting on behalf of the board—

(a) permanently excludes a student from a school, or

(b) suspends a student from attendance at a school for a period or periods totalling not less than 20 school days in a school year, or

(c) refuses to admit a student to a school, where the decision to refuse admission is due to—

(i) the school being oversubscribed, or

(ii) a reason other than the school being oversubscribed,

the parent of the student, or in the case of a student who has reached the age of 18 years, the student (each of whom is, in this section and sections 29A to 29F, referred to as an applicant), may, within such period as may be determined in procedures under section 29B, and following the conclusion of any review under section 29C or any appeal procedures provided by the school in accordance with this Act, appeal a decision in accordance with this section and sections 29A to 29F.

(2) In this section and sections 29A to 29F—

"Act of 2018" means the Education (Admission to Schools) Act 2018;

"annual admission notice" has the same meaning as it has in Part X (inserted by section 9 of the Act of 2018);

"applicant" has the meaning assigned to it by subsection (1);

"board" includes a committee established under section 44(1) or 44(7) of the Education and Training Boards Act 2013;

"oversubscribed" has the same meaning as it has in Part X (inserted by section 9 of the Act of 2018);

"school" has the same meaning as it has in Part X (inserted by section 9 of the Act of 2018);

"school year" has the same meaning as it has in Part X (inserted by section 9 of the Act of 2018);

"special class" has the same meaning as it has in Part X (inserted by section 9 of the Act of 2018);

"special educational needs" has the same meaning as it has in the Education for Persons with Special Educational Needs Act 2004;

"student" includes a person in relation to whom an application for admission to a school has been made and that person or his or her parents may appeal against a decision to refuse to admit him or her in the same manner as a student or his or her parents may appeal a decision under this section.]

Annotations

Amendments:

F46

Substituted (12.11.2020) by Education (Admission to Schools) Act 2018 (14/2018), s. 7(1), S.I. No. 366 of 2020.

Modifications (not altering text):

C5

References in subs. (1) to “parent of the student” and “student” construed (5.07.2002) by Education (Welfare) Act 2000 (22/2000), s. 26(1), commenced as per s. 1(3). Subsection amended by Education (Miscellaneous Provisions) Act 2007 (9/2007), s. 6(a)(i), not commenced as of date of revision. Note that s. 6 is prospectively repealed by Education (Admission to Schools) Act 2018 (14/2018), s. 12(d), not commenced as of date of revision.

Right of Board to appeal etc. decision of board of management under section 29 of Act of 1998.

26.—(1) The Board may appeal a decision to which paragraph (a) or (c) of subsection (1) of section 29 of the Act of 1998 applies and accordingly a reference in the said subsection (1) to “parent of the student” or “student” shall be construed as including a reference to the Board.

...

Editorial Notes:

E13

Previous affecting provision: subs. 13, 14, 15 inserted by Education (Miscellaneous Provisions) Act 2007 (9/2007), s. 4(d), not commenced; amending provision repealed (12.11.2020) by 14/2018, s. 12(d), S.I. No. 366 of 2020.

E14

Previous affecting provision: subs. 7(b) inserted by Education (Miscellaneous Provisions) Act 2007 (9/2007), s. 4(c), not commenced; amending provision repealed (12.11.2020) by 14/2018, s. 12(d), S.I. No. 366 of 2020.

E15

Previous affecting provision: ss. 1 substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 93 and sch. 2 part 11 item 3, S.I. No. 502 of 2013.

E16

Previous affecting provision: ss. 4, 4A substituted and inserted by Education (Miscellaneous Provisions) Act 2007 (9/2007), s. 4(b), not commenced; amending provision repealed (12.11.2020) by 14/2018, s. 12(d), S.I. No. 366 of 2020.

E17

Previous affecting provision: ss. 1(c) inserted by Education (Miscellaneous Provisions) Act 2007 (9/2007), s. 4(a)(ii), not commenced; amending provision repealed (12.11.2020) by 14/2018, s. 12(d), S.I. No. 366 of 2020.

E18

Previous affecting provision: ss. 1(c) substituted by Education (Miscellaneous Provisions) Act 2007 (9/2007), s. 4(a)(i), not commenced; amending provision repealed (12.11.2020) by 14/2018, s. 12(d), S.I. No. 366 of 2020.

E19

Previous affecting provision: ss. 9 , 10 substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72(1) and sch. 6 item 27, S.I. No. 211 of 2013.

E20

Previous affecting provision: ss. 4A inserted (5.07.2002) by Education (Welfare) Act 2000 (22/2000), s. 26(2), commenced as per s. 1(3).

E21

Duties of Educational Welfare Board in relation to child, in respect of whom certain decisions are upheld under section, prescribed (5.07.2002) by Education (Welfare) Act 2000 (22/2000), s. 27, commenced as per s. 1(3). Section amended by Education (Miscellaneous Provisions) Act 2007 (9/2007), s. 6(b), not commenced as of date of revision. Not that s. 6 is prospectively repealed by Education (Admission to Schools) Act 2018 (14/2018), s. 12(d), not commenced as of date of revision.