Education Law

The Law of Education

Educational institutions enrich a person’s life through learning and play an important role in shaping a person’s future paving the pathway for future achievement and success. When a student has their education disrupted due to a school’s refusal to enrol or in circumstances where a student has been sanctioned by way of suspension or expulsion, the effect of a school’s decision can threaten the very fabric of that child’s future hindering their ability from reaching their full potential.

An appeal can be made to an Appeals committee who are appointed by the Minister for Education & Skills to hear appeals pursuant to Section 29 of the Education Act 1998. Section 29 of the Education Act 1998 gives parents and students who have reached the age of 18 the right to appeal certain decisions taken by a school’s board of management including the following: 

  1. A decision to permanently exclude a pupil
  2. A decision to suspend a pupil for a period which would bring the cumulative period of suspension to 20 school days in any one school year, or
  3. A refusal to enrol a child by reason of the over subscription of a school or otherwise.

Education Law

In addition to the above statutory right of appeal pursuant to Section 29 of the Education Act 1998, the following areas arise in the context of the law on education:

  1. A request to review a decision taken by a school’s board of management;
  2. Homeschool and the Law;
  3. Challenging Examination Results;
  4. Enrolment, suspension and expulsion;
  5. Equality and disability issues;
  6. Bullying and Harassment at Schools;
  7. *Personal Injuries;
  8. Teachers Duty of Care;
  9. Data Protection;
  10. Judicial Review Proceedings;

Collier Law has successfully challenged the decision of the Calculated Grades Executive Office in the High Court following the Calculated Grades Executive Office’s decision to refuse a calculated grade to a leaving certificate student. Collier Law represents students before the High Court who are seeking to challenge the Calculated Grades Executive Office’s system of calculated grades in the context of both their allocation and their impact upon students.

If you would like to discuss any area of eduction law outlined above, please contact us on (01) 8338147 or alternatively you can email us at info@collierlaw.ie and we will reply to your query as soon as possible.

*In contentious business a solicitor may not calculate fees or other charges as a percentage of any award or settlement.

 

https://www.rte.ie/news/courts/2020/0831/1162374-calculated-grades-challenge/

https://www.irishtimes.com/news/crime-and-law/courts/high-court/second-home-schooled-leaving-cert-takes-court-action-over-calculated-grades-1.4343171

https://kildare-nationalist.ie/2020/08/31/second-home-schooled-leaving-cert-student-takes-legal-action-over-grades/

https://www.irishtimes.com/news/crime-and-law/courts/excluding-home-schooled-students-from-leaving-cert-calculated-grades-justifiable-court-hears-1.4456651