Appeals Procedure Policy

ST. NESSAN’S COMMUNITY COLLEGE (Pobal Choláiste Neasáin Naofa)

APPEAL PROCEDURES

APPEALS PROCEDURES (1)

Appeal to Board of Management

(2)

Appeal to City of Limerick VEC

(3)

Appeal to Secretary General, Department of Education and Skills.

June 2012

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ST NESSAN’S COMMUNITY COLLEGE APPEALS PROCEDURE The school’s Code of Behaviour and Enrolment Policy gives parents/guardians (and student who have reached the age of 18) the right of appeal to the Board of Management in the event of a decision by the Principal to:   

Suspend a student from school for a period in excess of 3 school days.

Recommend permanent exclusion of a pupil from the school.

Refuse to enrol a student in the school.

The Principal will advise parents of this right to appeal and the associated timeframe when informing them of any of the above categories of decisions.

(1)

APPEAL TO THE BOARD OF MANAGEMENT

Appeals must be made within 14 calendar days from the date the decision of the Principal was notified to the parent or student in writing. Appeals may be made in written or in oral form. The appellant must notify the Board of his/her decision to appeal in writing. The letter of appeal should include the grounds, on which the decision is being appealed, any additional documentation to support the case and confirmation of the appellant’s intention to appeal in written or oral form. All correspondence in relation to an appeal should be addressed to: The Secretary, Board of Management, St Nessan’s Community College, Moylish, Limerick.

WRITTEN APPEALS - to the Board of Management 1.

The Board will be informed of the Appeal and an Emergency Meeting of the Board will be arranged within ten school days of receipt of the Appeal in writing.

2.

All parties to the appeal will receive a copy of all documentation in relation to the appeal at least three days before the Board of Management hears the Appeal.

3.

The Board will come to a decision in the absence of the Principal.

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4.

The Board’s decision will be notified to the appellant in writing within five schools days. The appellant will be simultaneously advised of the right of, and timeframe of, further appeal to the City of Limerick Vocational Education Committee.

ORAL APPEALS- to the Board of Management 1.

The Board will be informed of the Appeal and an Emergency Meeting of the Board will be arranged within ten schools days of receipt of the Appeal in writing.

2.

All parties to the appeal will receive a copy of all documentation in relation to the appeal at least three days before the Board of Management hears the Appeal.

3.

Subject to the prior consent of the Board of Management two persons nominated by the appellant may accompany the appellant at the appeal at the hearing. Persons accompanying the appellant will not be permitted to make statements at the Appeal, save in exceptional circumstances.

4.

The Board may invite persons with relevant expertise to attend and make statements at the Appeal.

5.

At the hearing, both parties to the appeal will be given an opportunity to present their case. Each will have the right to reply and the right to question the other through the Chair. The Principal will represent the school.

6.

The Board will come to a decision in the absence of both parties to the appeal.

7.

The Board’s decision will be notified to the appellant in writing within five school days. The appellant will be simultaneously advised of the right of, and timeframe of, further appeal to the City of Limerick Vocational Education Committee.

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DETERMINATION OF APPEALS The Board will consider the Appeal in the light of all facts presented to it, including the view of any witnesses, and having due regard, inter alia, to: 

The approved and established practices within the school for dealing with issues/grievances which are the subject matter of the appeal, including, where relevant and available, any statutory or non-statutory procedures, guidelines, regulations or other provisions in operation at any time.



The educational interests of the student who is the subject of the appeal.



The educational interests of all other students in the school.



The effective operation and management of the school.



Any resource implications arising from the issues under appeal.



Where relevant, the policy of the Board of Management/City of Limerick VEC in respect of characteristic spirit/ethos of the school.



Such other matters as the Board considers relevant.

The Board of Management of St Nessan’s Community College reserves the right to review and amend these procedures.

(2)

APPEAL TO THE CITY OF LIMERICK VOCATIONAL EDUCATION COMMITTEE

In the event of a parent/guardian or student (aged 18 years or over) being dissatisfied with the outcome of their appeal to the Board of Management of St Nessan’s Community College, Section 29 of the Education Act, 1998 provides that an appeal may be made to the Secretary General of the Department of Education and Skills in respect of a decision by a board of management or by a person acting on behalf of the board of management, to: 

Permanently exclude a student from the school.



suspend a student from the school for a period which would bring the cumulative period of suspension to 20 school days in any one school year, or

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

Refuse to enrol a student in the school.

An appeal may be made by the parent/guardian of the student concerned, or by a student where he/she is aged 18 years or over, or by the National Education Welfare Board. A copy of the Appeal Procedures as outlined in Department of Education and Skills Circular M48/02 is attached.

In the case of St Nessan’s Community College which is maintained by the City Of Limerick Vocational Education Committee, the appeal against the decision of the Board of Management of St Nessan’s Community College shall be made in the first instance, to the City of Limerick Vocational Education Committee.

The appeal will generally not be admitted unless it is made within fourteen calendar days since the decision of the Board was notified to the parent or student concerned. A longer period for making appeals may be allowed as an exception where the Committee is satisfied that the circumstances did not permit the making of an appeal within the above time limit.

Appeals should be made in writing on the Section 29 Appeal Application Form available from the school, and should be submitted by signed letter, fax or e-mail to the Chief Executive Officer (CEO), City of Limerick Vocational Education Committee, Athenaeum Building, Upper Cecil Street, Limerick. The appellant should, at the same time, advise the school of the appeal and the grounds on which it is being made. Where fax or e-mail is used, the appellant should also send a signed copy by post.

A maximum period of 30 days, from the date of receipt of the appeal by the CEO, is allowable for conclusion of the appeal process.

(3)

APPEAL TO THE SECRETARY GENERAL OF THE DEPARTMENT OF EDUCATION AND SKILLS

In notifying the appellant of the outcome of the appeal, the CEO will, simultaneously advise the appellant of the right of, and timeframe for, further appeal to the Secretary General of the Department of Education and Skills.

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