Education Act 1998

F51[Appeals under section 29(1)(c)(i)

29E

29E.(1) An appeals committee shall, in accordance with procedures determined by the Minister under section 29B, examine and determine an appeal under section 29(1)(c)(i) without an oral hearing and, when doing so, shall rely on the same evidence and materials as were available to and relied upon when the decision to refuse admission was made.

(2) Following the determination of an appeal under section 29(1)(c)(i), an appeals committee shall make a decision to

(a) allow the appeal, or

(b) disallow the appeal.

(3) Where an appeals committee allows an appeal under section 29(1)(c)(i) its decision shall include a direction to the board to

(a) admit the student, or

(b) adjust the ranking of the student on the waiting list.

(4) An appeals committee shall

(a) by notice in writing, inform the Minister of a decision under subsection (2), and the reasons for the decision, and

(b) where it allows an appeal, forward to the Minister a copy of the direction issued under subsection (3).

(5) The Minister shall, as soon as practicable after he or she receives a notice under subsection (4) forward to the applicant and the board

(a) a copy of the decision of the appeals committee under subsection (2) and the reasons for its decision, and

(b) where the appeals committee has allowed an appeal, a copy of the direction of the appeals committee under subsection (3).

(6) A board shall comply with a direction under subsection (3).]

Annotations

Amendments:

F51

Inserted (12.11.2020) by Education (Admission to Schools) Act 2018 (14/2018), s. 7(2), S.I. No. 366 of 2020.