WESTMEATH VOCATIONAL Education Committee (VEC) has challenged the Department of Education over an attempt to force one of its community colleges to enrol a problem pupil who was allegedly effectively expelled by another local secondary school.
The High Court action opened yesterday. It is the first of its type brought since the introduction of a provision under the Education Act 1988 allowing for appeals to the department against refusals by schools to enrol pupils.
Westmeath VEC claims the appeal system allows certain schools to "cherry-pick" students while VEC schools, considered to be more accountable than other secondary schools, were being asked to take an unequal burden of students with behavioural problems.
In its judicial review proceedings against the department, Westmeath VEC wants orders overturning a decision of an appeals committee requiring that the school - which cannot be identified to protect the pupil involved - should enrol the pupil. The department is contesting the claims.
The boy involved, who was doing his Junior Cert at the time the problems arose, is now at fifth-year level and is receiving an education not in a formal schooling situation, the High Court heard.
Opening the case, Feichín McDonagh SC, for the VEC, told Mr Justice Daniel O'Keeffe that the boy had been a pupil of a local school owned by a religious order, when issues arose over his behaviour in May 2007. He was not formally expelled but was asked to stay at home.
His parents were given the clear impression that he would be better off leaving the school, Mr McDonagh said.
There were conflicting indications coming from the school that if he went to another school he would get "glowing" references.
The parents then applied to enrol him in the local VEC-run community college. Its board of management refused last August to admit him because its policy was not to accept transfers for pupils already enrolled in another local school, except in exceptional circumstances.
The board was aware of the "conflicting signals" about the boy's behaviour but had not taken these into account when refusing to admit him, Mr McDonagh said.
On September 18th, the child was effectively expelled or "pushed out" by the other school because the parents were told that if they did not withdraw him he would be expelled.
However, Mr McDonagh said, an appeals committee set up under section 29 of the Education Act ruled the VEC school should enrol the boy because it was a school of choice for his parents and it had capacity to take him.
Mr McDonagh said the process under which the case was dealt with by the appeals committee was flawed. The principle involved had important implications for the VEC sector right across the country.