2. Section 29 Appeals Education Act 1998
Special Education Act 2000 (EPSEN)
Equal Status Act
Education Welfare Act
Circular 48/01

3. Reasons for Appeal Permanently exclude a student
Suspend a pupil for cumulative 20 days in a school year
Refuse to enroll a student
Note: ETB/Community Colleges---ETB
Remainder ---Secretary General of DES
Parents/Guardian/Student over 18 can appeal
EWO can initiate an appeal
Schools must notify parents of right of appeal/timeframe
Appeal must be within 42 Calendar Days not school days

4. Appellant
Must give details of attempts made at local level to find solution eg. BOM., Patron, ETB
Give grounds for appeal
Copy of BOM decision
Notify the school of appeal and grounds

5. Procedures Inadmisable Both parties asked to reach accommodation
Facilitator Appointed
Appeals Committee for hearing

6. Requirements from School
Enrolment Policy
Code of Behavior
Suspension Policy
Expulsion Policy
Relevant BOM meeting minutes
Correspondence with parents
Record of behavior of student
Keep EWO,SENO, NEPS, Social worker informed

7. Facilitator Meets Principal and or Chairperson
Meets Parent/Guardian and/or pupil
Issues a report re. outcome to DES

8. Appeal Process Burden for Principal
Must show balance between rights of individual v rights of other pupils to a safe and productive environment
For Enrolment appeals Capacity/available resources v rights of student

9. Hearing Very Formal Des Inspector + 2
Appellant 2 speakers + 2 observers (optional), sometimes legal, political, sporting, etc.
School 2 nominated speakers,+ 2 observers. Nearly always Principal and Chair BOM, or CEO/ETB rep.
EWO is invited and may address the Board
SENO,NEPS, Social worker may be invited and asked questions
Appellant side speaks first and asked questions by Board
School side speaks and asked questions by Board
Address each other through chair

10. RESULT Upheld---School breached its own policies
Not to uphold---School did not act unreasonably/unlawfully
Determination--- Secretary General
Result Binding BUT Judicial Review possible

11. Implications for BOM
Code of Behavior --- NEWB guidelines, standards, sanctions, suspension and expulsion policies, grounds for removal of suspension, procedure for student absences.
Admissions Policy---Specific details for new entrants, special needs students, transfer students, repeat and PLC students, expelled from other school students.
Natural Justice vital---Right to be heard, can’t be a judge in one’s own case ie. Bias
Time limits adhered to
Importance of written records

12. 2015 DATA 384 Appeals in both sectors 123 Withdrawn 2 Local resolution
28 Facilitator
231 Hearing
80 upheld
151 not upheld

13. Questions