S.29 Appeals Procedures

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 new procedures will apply to appeals made from the 12th November 2020.

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 his or her Board, he/she 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.

1. In advance of a Section 29 appeal relating to refusal to admit due to school being oversubscribed, schools will be asked to submit a copy of their admission policy and annual admission notice along with any documents or information relating to the evidence and materials as were made available and relied upon when the decision to refuse admission was initially made.
2. In advance of a Section 29 appeal relating to refusal to admit for reason other than oversubscription, schools will be asked to submit a copy of their admission policy and annual admission notice along with any information and documentation that the school considers relevant to the appeal.
3. In advance of a Section 29 appeal relating to suspension and expulsion, schools will be asked to submit a copy of their Code of Behaviour along with any information and documentation that the school considers relevant to the appeal.

There is provision in the procedures for oral hearings to take place by means of audio only telephone conference call where it is not possible to hold a hearing in person considering ongoing public health restrictions.

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.