Leaving Cert student’s challenge over calculated grade refusal is adjourned

A High Court challenge by a home-schooled Leaving Cert student over the Minister for Education's refusal to consider her application for calculated grades is unlikely to be heard this month.

The action, the second of its type, has been brought by a 17-year-old student from outside Dublin.

The student, who cannot be identified, was home schooled by her parents and private tutors. Her case arose after she was informed by the Minister it was not possible to provide her with a calculated grade in any of the six subjects she has studied due to the absence of satisfactory or credible evidence on which to base an estimate.

Suing through her mother, the student got permission from the High Court on Monday to have the Minister’s decision judicially reviewed.

When the matter was briefly mentioned before Mr Justice Charles Meenan on Tuesday, he said it would not be possible to assign a judge to hear the case in September as the court's list was full. Had the challenge been brought in June or July the action could have been heard during the August vacation, he said.

Having made directions for the exchange of documents, he adjourned the case to a date later this month. If any case dropped out of the court’s September list, and a slot became available, the court would try and get the action on for hearing, the judge said.

Her action comes after the High Court ruled last month in favour of 18-year-old Co Mayo student Elijah Burke, who was home schooled by his mother. He had also sued over the Minister's refusal to grant him a calculated grade.

In that action, Mr Justice Meenan directed the Minister to put steps in place to allow Elijah be assessed for a calculated grade.

Brendan Hennessy BL, for the student in the second case, said she had hoped to benefit from the outcome of the Burke judgement.

Counsel said there is a significant difference between this action and Elijah Burke’s case in that the girl’s tutors are not qualified teachers whereas Elijah was taught by his mother, a qualified teacher.

The girl had been educated at home mainly by her mother, with the assistance of the girl’s father and private tutors, who are not registered teachers, counsel said.

The girl is seeking an expedited hearing but it was accepted her case would not be heard before the Leaving Cert results are issued early next week, counsel added.

The court heard the girl expects to gain a place at a third-level college.

She claims there is a significant body of work done by her that could be assessed by independent teachers who could determine whether she could be awarded a calculated grade in each of her subjects.

She wants court orders compelling the Minister to determine within a reasonable time her application for calculated grades and quashing his refusal of August 11th last to grant her a calculated grade.