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EDUCATION ACT, 1998

SECTION 28 - Grievance and Other Procedures


The following is the full text of Section 28.

28.—(1) The Minister, following consultation with patrons of recognised schools, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, may from time to time prescribe procedures in accordance with which—

a) the parent of a student or, in the case of a student who has reached the age of 18 years, the student, may appeal to the board against a decision of a teacher or other member of staff of a school,

b) grievances of students, or their parents, relating to the students’ school (other than those which may be dealt
with under paragraph (a) or section 29), shall be heard, and

c) appropriate remedial action shall, where necessary, be taken as a consequence of an appeal or in response to a grievance.

(2) In prescribing procedures for the purposes of this section the Minister shall have regard to the desirability of determining appeals and resolving grievances in the school concerned.


This section provides for procedures to be drafted for the purpose of processing complaints by parents against teachers or other members of the staff of a school.

The new Section 28 procedures are intended to provide:

• an informal and semi formal stage for addressing parental complaints; and
• a formal stage for investigation and determination by the boa rd of management.

The proposed procedures emphasise the importance of adhering to due process and the principles of natural justice, maintaining confidentiality and achieving early resolution .

However, at this juncture, there are a number of outstanding matters to be resolved.

 

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