10 August, 2006 - Bill to amend Section 29 of Education Act will protect educational interests of all students - Minister Hanafin

The Minister for Education and Science Mary Hanafin T.D., today announced that the Government has approved the drafting of a Bill which will amend Section 29 of the Education Act 1998.  This section of the Education Act provides that an appeal may be made to the Secretary General of the Department of Education and Science against the decision of a board of management regarding a refusal to enrol, a suspension or exclusion of a student from a school.

Minister Hanafin said that the amendments she is proposing arise from the recommendations of the Report of the Task Force on Student Behaviour in Second Level Schools. "The new Bill will require an appeals committee, operating under section 29 of the Education Act, to take account of the educational interests of other students in the school, as well as the interests of the student who is the subject of the appeal, when deciding on a case.  The Bill will also set out other factors that an appeals committee will have to consider including the reasonableness of efforts made by the school to enable the student to participate and benefit from education, the nature of the students behaviour - where this is an issue - and the safety, health and welfare of teachers, students and staff of the school."

The Bill will also require appeals committees to have regard to the schools policies and the schools compliance with the National Education Welfare Board (NEWB) guidelines on a code of behaviour and school attendance strategies.  Provision will also be made for the National Council for Special Education (NCSE) to make a submission on a section 29 appeal as well as the NEWB which can do so under the legislation as it stands.

Minister Hanafin went on to say the Government has approved the drafting of the Education (Miscellaneous Provisions) Bill along these lines. "I will be seeking to get this Bill on the Oireachtas legislative schedule as a priority, once drafted.  It is extremely important that there is a correct balancing of students' rights to learn and that the learning environment works well for everyone in the classroom and in the school."

Section 29 of the Education Act 1998 provides that an appeal may be made to the Secretary General of the Department of Education and Science against the decision of a board of management, or a person acting on behalf of the board, to (i) permanently exclude a pupil, (ii) suspend a pupil for a period to be prescribed for this purpose or (iii) refuse to enrol a child.  Appeals are heard by an appeals committee appointed by the Secretary General. 

The Bill will also amend the time limits involved in an appeal and allows the Minister to provide, by regulation, for the suspension of the time limit for hearing an appeal during a period when schools are closed.

The Bill will extend the application of section 29 to situations where a child is refused enrolment to an all-Irish stream or class of a school. A number of procedural changes will also be made to the section 29 appeals process.

ENDS