section 29 education act, 1998 appeal process. grounds for appeal exclude a pupil permanently...
TRANSCRIPT
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Section 29 Education Act, 1998
Appeal Process
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Grounds for Appeal Exclude a pupil permanently
Suspension of 20 days in any one school year
Refusal to enrol a child
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Who Can Make an Appeal? Parent of the child
Child if over 18 years of age
National education welfare board
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What Timescale Is Involved? 14 days is given to the applicant to
lodge the appeal from the day he/she was notified in writing of the decision.
The principal must notify the applicant of their right to appeal the decision.
Appeal should be made on section 29 appeal application form available from the VEC.
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Confirmation of Appeal Appeal must be accompanied by a
signed letter from appellant
Appellant should inform the school of the grounds on which they are making the appeal {signed letter}
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Application Form Details Appellants full name, address, telephone Students name Decision being appealed Grounds for the appeal Name and address of school concerned Date parent was informed of the decision Outcome of appeal proceedings at school
level
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CEO’s Role CEO may seek clarification prior to
allowing the appeal go ahead CEO to ask those involved to
consider a local resolution – within the school- 1week is allowed
CEO may only allow an appeal to be considered if it meets all stipulated criteria
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Processing of an Appeal 30 days permitted for conclusion of an
appeal in the vocational sector CEO or nominee to keep appropriate
records CEO must acknowledge receipt of appeal to
appellant and invite any further information CEO to inform principal/board that appeal
has been lodged and invite additional information
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Confidentiality All information pertinent to the
appeal to be treated in the strictest confidence.
All information pertinent to the appeal must be forwarded to the secretary general of the department of education and science in the event of a subsequent appeal to DES.
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Final Stages CEO may deem an appeal
inadmissible if procedures are not adhered to and in that case must notify the appellant and the school simultaneously
Appellant may withdraw the appeal at any time by notifying the committee to that effect
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VEC Appeal Sub-committee No member of the sub-committee
may be a member of B.O.M. of the school in question
Date, Time & Venue arranged by CEO in consultation with all involved for the purposes of hearing the appeal
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Appeal Hearing-the School Team Principal
B.O.M. {1 person}
The school may ask the sub-committee for permission to take 2 additional persons to the hearing {these persons may not make statements at the hearing unless with the approval of the board
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Appeal Hearing-the Appellants Team Both parents
Student
NEWB person
2 others nominated by the appellant with prior approval of sub-committee
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Prior to Hearing Appeal CEO to circulate full set of
correspondence to appellant, school/board
CEO to notify both appellant and school of persons attending 3 days prior to hearing
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Prior to Hearing Appeal Sub-committee may invite expert
witnesses to attend and make statements
If either party can not attend they must notify sub-committee so that hearing can be rescheduled
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Failure to Attend the Hearing
In the event of either party not attending and not having notified the sub-committee the hearing may proceed in their absence.
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The Hearing Appellant is asked to present their case School asked to present their case Both parties have the right of reply
through the chair Both parties have the right to question
each other Sub-committee have also the right to
question both parties and call on expert witnesses to make statements
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Determination of Appeal Practices within the school
statutory/non-statutory Educational interests of child Educational interests of other
students Effective operation and management
of school Resource implications Policies spirit/ethos of school
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Determination of Appeal Sub-committee may take advice as
appropriate
Put decision to a vote
Decision notified by sub-committee to VEC in writing {to include reason and recommendation}
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Notification to Appellant and School CEO must write to the school and
the appellant informing them of the determination
The reasons The recommendations CEO may issue instructions to the
B.O.M as appropriate
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Right of Appeal to DES CEO must simultaneously notify
the appellant of their right to make a further appeal to the secretary general of DES.
All of this to be concluded within the 30 days allocated for the process.