Section 29 Education Act, 1998 Appeal Process

Grounds for Appeal Exclude a pupil permanently Suspension of 20 days in any one school year Refusal to enrol a child

Who Can Make an Appeal? Parent of the child Child if over 18 years of age National education welfare board

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.

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}

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

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

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

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.

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

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

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

Appeal Hearing-the Appellants Team Both parents Student NEWB person 2 others nominated by the appellant with prior approval of sub-committee

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

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

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.

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

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

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}

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

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.