• Expulsion should be resorted to
only in the most extreme cases of misbehaviour and indiscipline and in most
cases after every effort at rehabilitation has failed and every other sanction
has been exhausted. (Department of Education & Science Circular M33/91).
• If in the judgement of the
Principal a student should be expelled, the Principal shall refer the matter to
the Board of Management for decision.
• Only the Board of Management may
finally decide to expel a student.
• It is difficult to be exhaustive
when listing the circumstances that would justify the expulsion of a student.
The following are some examples:
(a) The student is so
disruptive that he is seriously preventing other students from learning and/or
the teacher from teaching.
(b) The student is
uncontrollable and is not amenable to any form of school authority.
(c) The Parent/Guardian
refuses to exercise their responsibility for the student.
(d) The student's conduct
is a source of serious bad example and is having an adverse influence on other
students in the school.
(e) The student's
misbehaviour towards a staff member or Management is of a very serious nature.
(f) If the student's
behaviour is in contravention of the Health and Safety Act.
• In accordance with the principles
of natural justice, the Parent / Guardian of the student whose expulsion is
being considered should be given the opportunity of attending the Board Meeting
and presenting their case. They can also present their case in writing.
• Where the Board of Management is
of the opinion that a student should be expelled it shall, before so expelling
the student notify the Educational Welfare Officer (EWO) assigned to the school
in writing "of its opinion and the reasons therefore"
• The EWO concerned shall "Make
all reasonable efforts to ensure that provision is made for the continued
education of the student".
• The EWO shall
(a) "Make
all reasonable efforts to consult with the Principal - the student concerned and
his Parent / Guardian and such other persons as the EWO considers
appropriate".
(b) Convene a meeting - of
such of those persons as agree to attend such meeting".
• A student shall not be expelled
before the passing of 20 school days following the receipt of a
notification by the EWO.
• This is without prejudice to the
right of the Board of Management to take such other reasonable measures, as it
considers appropriate to ensure that good order and discipline are maintained
in the school and that the safety of students is secured. The Board might
decide that the student should be suspended until the expulsion procedures have
been completed and/or a place found for him in another school.
• Section 29 of the Education Act
1998 provides for appeals against a Board of Management decision. Where a Board
or a person acting on behalf of the Board permanently excludes a student from
school, appeals must be made in writing on the Section 29 Appeals Application
Form, which can be obtained, from the Department of Education and Science. An
appeal must be made within 42 calendar days of the date the Board of
Management decision was notified to the Parent/Guardian or the student
concerned.
• Other appeals which may be made
against a Board of Management decision are:
(a) Where a Board or
person acting on behalf of the Board
(i)
Suspends a student for a period which would bring the
cumulative period of suspension to 20 school days in any one school
year.
(ii)
Refuses to enrol a student,
(iii)
Makes a decision .... which the Minister ... may determine
may be appealed in accordance with this section.
We have read the preceding School Regulations, Code of Behaviour/Discipline, School Code of Bullying, Sexual Harassment Code, Suspension Policy, Expulsion Policy and Drugs Policy and agree to abide by them
Signed: Parent / Guardian 1. __________________________________
2. __________________________________
Student __________________________________