A Leaving Certificate student has taken a High Court challenge to his suspension from a south Dublin school. The suspension is to continue until the exams begin on June 4th.
The High Court yesterday gave leave to the boy to seek an order tomorrow for his immediate readmission to the school.
Mr Justice O'Sullivan was told that the 17-year-old was suspended following a "prank that went too far".
This involved a break-in at the school on the night of April 27th last, the removal of classroom furniture and what Mr David Kennedy SC, for the boy, described as the "recreation" of a school classroom on the flat roof of a prefab building in the school grounds.
Mr Kennedy said graffiti was also scrawled on a wall which was directed to one teacher in particular. The graffiti was subsequently described by the school principal as crude, offensive and pornographic.
Mr Kennedy said his client and several other students were involved in the prank but his client had played a minor role involving the moving of school furniture. The boy was not involved in the graffiti incident, he said.
On April 28th, the school principal had invited those involved to own up and his client and some others had done so, Mr Kennedy said. The principal had dealt with each student separately and told the boy he would be suspended for the rest of term and until the beginning of the Leaving Cert exams. The boy was given a letter to give to his parents informing them of the suspension.
The boy's parents and the boy himself wrote letters of apology to the school. His parents were greatly concerned about the suspension at this important time.
Mr Kennedy said that, under the Education Act 1998, a school pupil suspended for a period of more than six days had a right of appeal. Under the Education Welfare Act 2000, provision had to be made for the education of any pupil who was suspended.
The situation now was that the boy had been out of school for two weeks and had missed pre-exam talks and was unable to contact his teachers to get notes from them, Mr Kennedy said.
Mr Justice O'Sullivan said he would return the matter to tomorrow, when the boy's lawyers will seek an injunction requiring his immediate reinstatement. The judge directed that the school's board of management be put on notice of the application, which is being made by the boy through his parents, in the interim.
