Education (Admission to Schools) Act 2018

1. Definition

1. In this Act “Act of 1998” means the Education Act 1998.

2. Amendment of section 2 of Act of 1998

2. Section 2 of the Act of 1998 is amended by the insertion of the following definition:

“ ‘admission policy’ has the meaning assigned to it by section 62 (inserted by section 9 of the Education (Admission to Schools) Act 2018);”.

3. Amendment of section 9 of Act of 1998

3. Section 9 of the Act of 1998 is amended—

(a) in paragraph (i), by the substitution of “under this Act” for “under section 33”, and

(b) in paragraph (m), by the deletion of “and in particular section 15(2)(d)”.

4. Amendment of section 10 of Act of 1998

4. Section 10 of the Act of 1998 is amended in paragraph (f) of subsection (2) by the substitution of “with this Act and such regulations as may be made by the Minister from time to time under this Act” for “with such regulations as may be made by the Minister from time to time under section 33 and with this Act”.

5. Amendment of section 15 of Act of 1998

5. Section 15 of the Act of 1998 is amended in subsection (2)(d)—

(a) by the substitution of “subject to this Act, publish the admission policy of the school” for “publish, in such manner as the board with the agreement of the patron considers appropriate, the policy of the school concerning admission to and participation in the school, including the policy of the school relating to the expulsion and suspension of students and admission to and participation by students with disabilities or who have other special educational needs,”, and

(b) by the insertion of “inclusion,” before “equality”.

6. Amendment of section 23 of Act of 1998

6. Section 23 (amended by section 6 of the Education (Amendment) Act 2012) of the Act of 1998 is amended—

(a) in subsection (1), by the substitution of the following paragraph for paragraph (a):

“(a) be responsible for the day to day management of the school, including guidance and direction of the teachers and other staff of the school and the implementation of the admission policy of the school, and be accountable to the board of the school for that management,”,

and

(b) in subsection (2), by the substitution of the following paragraph for paragraph (b):

“(b) regulations made under this Act.”.

7. Appeals

7. (1) The Act of 1998 is amended by the substitution of the following section for section 29:

“Appeals

29. (1) Where a board or a person acting on behalf of a board—

(a) permanently excludes a student from a school,

(b) suspends a student from attendance at a school for a period or periods totalling not less than 20 school days in a school year, or

(c) refuses to admit a student to a school, where the decision to refuse admission is due to—

(i) the school being oversubscribed, or

(ii) a reason other than the school being oversubscribed,

the parent of the student, or in the case of a student who has reached the age of 18 years, the student (each of whom is, in this section and sections 29A to 29F, referred to as an applicant), may, within such period as may be determined in procedures under section 29B, and following the conclusion of any review under section 29C or any appeal procedures provided by the school in accordance with this Act, appeal a decision in accordance with this section and sections 29A to 29F.

(2) In this section and sections 29A to 29F—

‘Act of 2018’ means the Education (Admission to Schools) Act 2018;

‘annual admission notice’ has the same meaning as it has in Part X (inserted by section 9 of the Act of 2018);

‘applicant’ has the meaning assigned to it by subsection (1);

‘board’ includes a committee established under section 44(1) or 44(7) of the Education and Training Boards Act 2013;

‘oversubscribed’ has the same meaning as it has in Part X (inserted by section 9 of the Act of 2018);

‘school’ has the same meaning as it has in Part X (inserted by section 9 of the Act of 2018);

‘school year’ has the same meaning as it has in Part X (inserted by section 9 of the Act of 2018);

‘special class’ has the same meaning as it has in Part X (inserted by section 9 of the Act of 2018);

‘special educational needs’ has the same meaning as it has in the Education for Persons with Special Educational Needs Act 2004;

‘student’ includes a person in relation to whom an application for admission to a school has been made and that person or his or her parents may appeal against a decision to refuse to admit him or her in the same manner as a student or his or her parents may appeal a decision under this section.”.

(2) The Act of 1998 is amended by the insertion of the following sections after section 29:

“Establishment of appeals panels and appeals committees

29A. (1) The Minister shall, from time to time, establish one or more panels of suitable persons (in this section referred to as an ‘appeals panel’) to consider appeals under section 29.

(2) A member of an appeals panel—

(a) shall be appointed to the panel for such period as the Minister may determine,

(b) shall be paid such fees and expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, may from time to time determine,

(c) may at any time be removed from the panel by the Minister for stated reasons, and

(d) shall be independent and impartial in carrying out his or her functions.

(3) Where the Minister receives a notice of appeal under section 29, he or she shall establish a committee of 3 members of an appeals panel to consider the appeal concerned (in this section and sections 29B to 29F referred to as an ‘appeals committee’).

(4) The Minister shall nominate one member of an appeals committee to be the chairperson of the committee for the purposes of the appeal concerned and, in the case of an equal division of votes, the chairperson shall have a second or casting vote.

(5) The Minister may, where he or she considers it necessary to do so—

(a) prior to an oral hearing in respect of an appeal under section 29(1)(a), (b) or (c)(ii), or

(b) prior to the examination and determination of an appeal under section 29(1)(c)(i),

replace a member of an appeals committee (including the chairperson) with another member of an appeals panel.

(6) The Minister may furnish such support of an administrative nature to an appeals committee as the Minister considers necessary to enable the appeals committee to perform its functions.

(7) An appeals committee shall act in accordance with procedures determined under section 29B.

Procedures in relation to appeals

29B. (1) The Minister may, from time to time, having regard to the principles of inclusion, equality of access to and participation in education, efficiency, effectiveness, clarity and fairness for applicants and schools and following consultation with bodies representative of patrons, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, determine procedures for the purpose of sections 29 to 29F and such procedures may provide for all or any of the following:

(a) the period within which an appeals committee shall determine an appeal and, in that regard, the Minister may—

(i) determine different periods during which an appeal under paragraph (a), (b) or (c)(ii) of section 29(1) shall be heard and determined, and an appeal under section 29(1)(c)(i) shall be determined, and

(ii) determine periods during the year which shall not be included for the purposes of the calculation of a period under subparagraph (i);

(b) the manner by which an appeals committee shall determine an appeal, including in the case of an appeal under section 29(1)(a), (b) or (c)(ii), procedures regarding the holding of an oral hearing and the examination by the appeals committee of parties to the appeal;

(c) the form and manner in which the Child and Family Agency and the National Council for Special Education may make submissions at an oral hearing in an appeal under section 29(1)(a), (b) or (c)(ii);

(d) the form and manner in which an appeal shall be brought, including the period during which an appeal shall be brought;

(e) in the case of an appeal under section 29(1)(a), (b) or (c)(ii)—

(i) the fixing and notification of the date, time and location of an oral hearing, and

(ii) the circumstances in which an adjournment of an oral hearing may be granted;

(f) that an appeals committee may by notice in writing require an applicant, board, or other relevant person or body to furnish to the committee the information specified in the notice within the period specified in that notice;

(g) the period during which and manner by which an appeals committee shall notify the Minister of its decision and the reasons for its decision;

(h) information which shall be submitted to an appeals committee by an applicant when making an appeal under section 29(1)(c)(i) or (ii) which shall include—

(i) a copy of the application for admission,

(ii) a copy of the decision to refuse admission,

(iii) where a request has been made under section 29C, a copy of that request and a copy of any statement received from the board under subsection (5) of that section, and

(iv) the grounds of the appeal;

(i) information which shall be submitted by a board to an appeals committee where an appeal has been made under section 29(1)(c)(i) or (ii) which shall include the school’s admission policy and the school’s annual admission notice;

(j) the form and manner in which a request for a review under section 29C(1) shall be made, including the period during which such request shall be made and the period in which the board shall issue a statement under section 29C(5);

(k) the manner in which, and period during which, a review under section 29F(5) shall be undertaken;

(l) such other consequential or ancillary matters as the Minister considers appropriate.

(2) An appeals committee, an applicant and a board shall comply with procedures determined by the Minister under this section.

Review by board of decision to refuse admission

29C. (1) Subject to subsection (2) and prior to making an appeal under section 29(1)(c), an applicant—

(a) shall, in the case of an appeal under section 29(1)(c)(i), and

(b) may, in the case of an appeal under section 29(1)(c)(ii),

within such period as may be determined by the Minister, request in writing a review by the board of the decision to refuse admission.

(2) A request under subsection (1) shall—

(a) be based on the implementation of the school’s admission policy and the content of its annual admission notice, and

(b) set out the grounds of the request.

(3) Where, following a request under subsection (1)—

(a) the request for a review has not been made within the period determined by the Minister, or

(b) where the request results from the refusal to admit a student to the school because the school was oversubscribed and—

(i) the applicant is relying on information that was not made available in the application for admission, or

(ii) the board considers that the grounds relied upon in the application for review did not have a material effect on the outcome of the application for admission,

the board shall notify the applicant that it is not in a position to review the decision to refuse admission and the reasons therefor.

(4) Subject to subsection (3), a board shall, following a request under subsection (1), within such period as may be determined by the Minister, review the decision to refuse admission having regard to the grounds set out in the request for review.

(5) Following a review under subsection (4) the board shall issue the applicant with—

(a) a statement confirming that there was no failure or error in making the decision to refuse admission, or

(b) a statement confirming—

(i) that a failure or error occurred in making the decision to refuse admission, and

(ii) whether or not such failure or error had a material effect on the outcome of the application.

(6) Where a board issues a statement under subsection (5)(b) and the failure or error concerned had a material effect on the outcome of the application for admission, the board shall rectify that failure or error—

(a) where the failure or error related to the admission of a student to a school or special class, by admitting the student to the school or special class concerned, or

(b) where the failure or error related to a student’s ranking on the waiting list, by adjusting the ranking of the student on the waiting list.

(7) In this section and section 29E ‘waiting list’ means, in relation to a school, the waiting list compiled in accordance with section 62(7)(i) by the school concerned.

Appeals under section 29(1)(a), (b) and (c)(ii)

29D. (1) An appeals committee shall, in accordance with procedures determined by the Minister under section 29B, hold an oral hearing for the purposes of an appeal under section 29(1)(a), (b) or (c)(ii).

(2) For the purposes of an appeal under section 29(1)(a), (b) or (c)(ii)—

(a) oral hearings shall be conducted with the minimum of formality consistent with giving all parties a fair hearing, and

(b) an appeals committee may, where it is of the opinion that reaching agreement on the matters the subject of the appeal is practicable in the circumstances, provide such assistance to the parties to reach agreement as the committee considers appropriate.

(3) For the purposes of an oral hearing under this section—

(a) the Child and Family Agency, or

(b) in the case of a child with special educational needs, the National Council for Special Education,

may make such submissions, if any, to an appeals committee as it or they consider or considers appropriate.

(4) In hearing and determining an appeal under section 29 against a decision to which subsection (1)(a) or (b) of that section relates, an appeals committee shall have regard to—

(a) the nature, scale and persistence of any behaviour alleged to have given rise to, or contributed to, the decision made by or on behalf of the board and whether or not such behaviour is confined to specific classes in the school concerned,

(b) the merit of any explanation offered by the student in relation to his or her behaviour,

(c) the reasonableness of any efforts made by the school to enable the student to participate in and benefit from education and whether or not all reasonable efforts have been fully exhausted and any response by the student to any efforts made by the school to enable the student to participate in and benefit from education,

(d) the educational interests of the student concerned and the desirability of enabling him or her to participate in and benefit from education with his or her peers,

(e) the educational interests of, and the effective provision of education for, other students of the school and the maintenance of a classroom and school environment which is supportive of learning amongst all students in the school and ensures continuity of instruction provided to students,

(f) any evidence that the behaviour of the student has impacted on the safety, health and welfare of teachers, staff or other students of the school,

(g) the school’s code of behaviour under section 23 of the Act of 2000 and other relevant policies of the school, and

(i) in the case of the code of behaviour, whether it complies with section 23 of the Act of 2000 and any guidelines issued under subsection (3) of that section, and

(ii) in the case of any other relevant policies, the extent to which each of them is implemented and is in compliance with—

(I) any enactment that imposes duties on schools or their boards,

(II) any relevant guidelines or policies of the Minister,

(h) the duties on schools or their boards imposed by or under any enactment,

(i) any guidelines issued by the Child and Family Agency under section 22(7) of the Act of 2000,

(j) any submissions made by the National Council for Special Education or the Child and Family Agency, and

(k) such other matters as the appeals committee considers relevant.

(5) Nothing in subsection (4) affects the obligation of an appeals committee to allow an appeal under section 29(1)(a) if the parent of the student or the student, as the case may be, shows that subsection (1) or (4) of section 24 of the Act of 2000 has not been complied with in relation to that exclusion.

(6) Following an oral hearing under this section an appeals committee shall—

(a) come to its conclusion having examined and considered the evidence and materials made available to it, and

(b) make a preliminary decision in relation to the appeal.

(7) An appeals committee shall, by notice in writing, notify the Minister, the applicant, the board and, where the Child and Family Agency or the National Council for Special Education made submissions at the oral hearing, the Agency or the Council of its preliminary decision under subsection (6), the reasons for its preliminary decision and, where it proposes to allow an appeal, its proposed direction to the board.

(8) An applicant, the board, and where the Child and Family Agency or the National Council for Special Education made submissions at the oral hearing in accordance with procedures under section 29B, the Agency or the Council may, make observations to the appeals committee in relation to its preliminary decision and any proposed direction.

(9) An appeals committee shall, having considered any observations made under subsection (8), make its final decision.

(10) Subject to subsection (9), an appeals committee shall, in its final decision—

(a) allow the appeal, or

(b) disallow the appeal.

(11) An appeals committee, in its final decision, shall—

(a) where it allows an appeal under section 29(1)(a), include a direction to the board to readmit the student and remove the expulsion from the record of the student,

(b) where it allows an appeal under section 29(1)(b), include a direction to the board to readmit the student and remove the suspension from the record of the student, and

(c) where it allows an appeal under section 29(1)(c)(ii), include a direction to the board to admit the student.

(12) An appeals committee shall, by notice in writing, inform the Minister of its final decision and the reasons for its final decision and, where it allows an appeal, shall forward to the Minister a copy of the direction included in its final decision.

(13) The Minister shall, as soon as practicable after he or she receives a notice under subsection (12), forward to the applicant, the board and, where the Child and Family Agency or the National Council for Special Education made submissions at the oral hearing, the Agency or the Council—