Ruling praised for vindicating children's rights

REACTION:A HIGH COURT ruling overturning an order by the Department of Education compelling a school to enrol a disruptive pupil was broadly welcomed yesterday.

Fine Gael education spokesman, Brian Hayes, said the ruling effectively backed the right of schools to refuse admission to disruptive pupils and vindicated children’s rights.

The High Court quashed a Department of Education decision ordering a community college to enrol a pupil who was allegedly effectively expelled by another local secondary school.

The challenge, which was brought by Co Westmeath Vocational Education Committee, resulted from a provision under the Education Act that allowed appeals against decisions on admissions if it was felt an unfair decision had been taken by a school.

Westmeath VEC argued that the new system allowed certain schools to offload difficult pupils and “cherry-pick” students.

However, Mr Hayes said the right of appeal could not include forcing schools to admit “disruptive” children.

“Schools should not be expected to take on children who have a continuous record of disruptive behaviour,” Mr Hayes said.

“While all students must have a right to a ‘second chance’, this does not mean that certain schools should become a dumping ground for children who continuously behave disruptively.”

He said placing “difficult children” who had a continuous record of misbehaviour in mainstream classes was “a fundamental denial of rights to the great majority of children who want to learn and behave in an appropriate manner”.

The Irish Vocational Education Association (IVEA) said the High Court ruling validated the authority of the school’s board of management to act in its best interests and called for a “complete overhaul” of the operation of Section 29 of the Act, which provided for such appeals.

“A school board of management has recognised functions and has authority to act in the interests of the school. IVEA and its member VECs have often taken issue with the apparent excessive powers of Section 29 committees,” IVEA general secretary, Michael Moriarty, said.

“IVEA has been arguing for some time that Section 29 appeals committees seem to view themselves as a school placement service.”