Appeal against Permanent Exclusion, Suspension or Refusal to Enrol

Circular 0069/2020 - New arrangements and procedures for appeals under section 29 of the Education Act, 1998 effective from 12 November 2020 onwards, available here.

Section 7 of the Education (Admissions to Schools) Act 2018 has provided for the replacement of the existing Section 29 of the Education Act 1998 with a series of new sections numbered 29 to 29F. These new appeal provisions in sections 29 to 29F are designed to work alongside the wider admissions framework in the 2018 Act and will come into operation from 12 November 2020 onwards.  

Following consultation with the education partners and in accordance with section 29B of the Education Act 1998, the Minister has also determined the following procedures for appeals which will apply from 12 November 2020 onwards -

Appeals in relation to refusal to admit a student to a school, where the decision to refuse admission is due to the school being oversubscribed

  • Procedures for appeals in relation to refusal to admit a student to a school, where the decision to refuse admission is due to the school being oversubscribed, available here
  • FAQs for appeals in relation to refusal to admit a student due to the school being oversubscribed, available here.
  • A request for a review by the board of management is mandatory in this type of appeal and must be made in writing or by completing and submitting, to the school’s board of management, a Review by the Board of Management Request Form (BOMR1) available to down load here. This review request must be made prior to completing a section 29 appeal application form.
  • Section 29 appeal application form for an appeal against refusal to admit due to the school being oversubscribed , is available here 

Appeals in relation to refusal to admit a student to a school where the decision to refuse admission is due to a reason other than the school being oversubscribed

  • Procedures for appeals in relation to refusal to admit a student to a school where the decision to refuse admission is due to a reason other than the school being oversubscribed, available here.
  • FAQs for appeals in relation to refusal to admit a student to a school where the decision to refuse admission is due to a reason other than the school being oversubscribed, available here.
  • A request for a review by the board of management is optional in this type of appeal and must be made in writing or by completing and submitting, to the school’s board of management, a Review by the Board of Management Request Form (BOMR1) available to down load here. If you are taking this optional review request to the board of management it must be made prior to completing a section 29 appeal application form.
  • Section 29 Appeal Application Form for an appeal against refusal to admit for reason(s) other than the school being oversubscribed, available here

Appeals in relation to permanent exclusion of a student from a school or suspension of a student from attendance at a school for a period or periods totalling not less than 20 school days in a school year

Counting of school days for the purposes of suspensions and permanent exclusions

Boards should be aware that the current period during which schools are closed to pupils shall not be counted as “school days” for the purpose of section 24 (4) of the Education Welfare Act 2000 which provides that a student shall not be expelled from a school before the passing of 20 school days following the receipt of a notification by an educational welfare officer of the board’s opinion that the student should be expelled from that school.

The current period during which schools are closed to pupils shall also not be counted in calculating cumulative days of suspension for the purposes of an appeal under Section 29 (1) (b) of the Education Act 1998. Section 29(1) (b) provides for an appeal against a decision by a board to suspend a student from the school for a cumulative period of 20 school days in any one school year.

Important Note: Schools must ensure that all students, including those suspended/suspended pending a decision to expel at the time the decision was made to close schools to students, are provided with continuity of teaching and learning and other appropriate supports during this period.

  • Procedures for appeals in relation to permanent exclusion of a student from a school or suspension of a student from attendance at a school for a period or periods totalling not less than 20 school days in a school year, available here.
  • FAQs for appeals in relation to permanent exclusion of a student from a school or suspension of a student from attendance at a school for a period or periods totalling not less than 20 school days in a school year, available here.
  • Section 29 Appeal Application Form for an appeal against expulsion or suspension for a period of 20 or more school days in a school year, available here

Note: The FAQ documents will be updated from time to time as required.