Circular 0069/2020 outlines the arrangements and procedures for appeals under section 29 of the Education Act.
There are three procedures for appeals. These include:
- Admission to Schools – 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
- Admission to Schools – 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
- Suspension and Expulsion – 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
The DE also published FAQs the purpose of which is to provide guidance schools and parents on the appeals procedures.
- FAQ – refusal other than oversubscription
- FAQ – due to oversubscription
- FAQ – expulsion or suspension
Review by Board of Management Request Form – Refused Admission
- BOMR1 – Review by Board of Management Request Form – Word Doc
- BOMR1 – Foirm Iarratais Athbhreithnithe ag an mBord Bainistíochta – Word Doc
FAQs on new Section 29 Appeals Procedures – Circular 69/2020
Circular 69/2020 sets out 3 separate sets of procedures for appeals under Section 29 of the Education Act Appeals in relation to refusal to admit due to school being oversubscribed Appeals in relation to refusal to admit for reason other than oversubscription. Appeals in relation to suspension and expulsion. The school must conduct a review for appeals based on a refusal to admit due to school being oversubscribed. Upon receipt of the outcome, a parent/guardian may appeal to the Section 29 Appeals Administration Unit. In the case of a refusal to admit for reason other than oversubscription a school may conduct a review but only if this is requested by the parent/guardian. For suspension and expulsion, appeals will be conducted by an appeals committee There is no requirement in the procedures (or in the Act) for the Principal to attend the meeting of the Board when it is conducting its review. As this will be a paper-based review, the Principal will be required to supply written documentation (such as application form, letter of refusal etc). to the Board. In circumstances where the Principal attends or is requested to attend by their Board, they will not be a decision maker. A school must issue its decision to the parent/guardian no later than 42 calendar days from the date of the decision to refuse admission. As stated already the review by the school will be a paper-based review and not conducted by means of an oral hearing. Following its review, the school must issue a statement with the outcome to the parent/guardian. A school may designate two board members to attend a hearing, one of which may be the school principal. No, the template form is not mandatory. It has been provided as guidance for schools. Yes, it is open to a school to adapt the template form template to meet their own requirements. A school may decide to pre-populate their own specific school details on the form. No, parents/guardians cannot be required to use the form to request a review by the school. Schools should note that once a request has been made in writing for a review (whether the form is used or not) it should be accepted by a school. Under the Act, a copy of the application for admission must be provided by the applicant as part of the appeal process. Schools should remind parents to retain a copy of the application form in order to minimise requests to schools for a copy in any case where an appeal is being made. Of course, members are most welcome to raise any further queries with INTO. Members should email their queries to info@into.ie and a member of the LIRE team will be in contact as soon as possible.What are the arrangements and procedures for S.29 Appeals?
Must a school conduct any of the appeals?
Must a Principal attend the Board’s review for a refusal on the basis of oversubscription?
How much time does a school have to respond to a request for review of a decision to refuse admission?
What is the process for responding to an appeal of a refusal to admit due to school being oversubscribed?
Is the principal required to attend an oral hearing before an appeals committee as part of the new arrangements for the Section 29 procedures?
What are schools asked to provide in advance of a Section 29 appeal hearing?
Must a school use the Review by Board of Management Request Form template?
Can schools adapt the Review by Board of Management Request Form template?
Are parents/guardians required to use the form if provided by the school when requesting a review?
Is there anything else that is required by a school from a parent/guardian as part of seeking a review?
Can I contact INTO if I have a further query about any of these matters?
Page updated July 2023