The failure to provide a second Leaving Certificate sitting for students who fall ill during exams may be against the law, teachers have warned.

According to the Teachers Union of Ireland (TUI), an average 25 people a day take their exams under supervision in hospital. However, under the terms of the Equal Status Act 2000, such students could be regarded as having a disability. This meant they may be facing discrimination under the Act.

"Essentially, this is a matter of justice which deserves serious consideration," said Mr Derek Dunne, of the TUI.

"The Department of Education and the State Examinations Commission have been considerate and helpful in dealing with cases of emergency illness during the exams, but the Equal Status Act may require the second sitting."

He said the TUI believed a second series of exams could be held four weeks after the main exam to allow for the results to be considered by the CAO.

"We need to ask ourselves is it right and fair that a student takes such an important exam from their hospital bed through an untimely injury or illness when it is perhaps even questionable whether they are in possession of all their faculties."

The State Examinations Commission (SEC), which oversees the running of exams, said it was "fully aware" of the constraints of the current system.

However, it believed its arrangements for the operation of State examinations complied with the Equal Status Act 2000.

It said while the issue of repeat exams had been considered, there would be significant difficulties in attempting to provide such exams. As a result, it would not be possible to hold repeat examinations and have results available to the deadlines required.