SCHOOL EDUCATION ACT 1999 - SECT 40

SCHOOL EDUCATION ACT 1999 - SECT 40

40 .         Persistent breach of s. 23, referral of case to Attendance Panel

        (1)         Where a child of compulsory school age enrolled at a school has been persistently in breach of section 23, the child’s case may be referred to an Attendance Panel by —

            (a)         the principal of the school; or

            (b)         an attendance officer; or

            (c)         the chief executive officer or the chief executive officer referred to in section 151, as is relevant to the case.

        (1a)         Where a child in respect of whom notice has been given under section 11D or 11H is not complying with section 11I, the child’s case may be referred to an Attendance Panel by —

            (a)         a relevant provider in respect of the child; or

            (b)         an officer mentioned in subsection (1)(b) or (c).

        (1b)         Subsection (1a) does not apply where the non-compliance is a failure to participate in an apprenticeship as mentioned in section 11I(2)(a).

        (2)         On such a referral a Panel is to —

            (a)         inquire into the reasons for the child’s failure to comply with section 11I or 23 including the social, cultural, lingual, economic or geographic factors, or learning difficulties, that might be affecting the child’s failure to comply; and

            (b)         give such advice and assistance to the child and to his or her parents as it thinks fit.

        (3A)         Under subsection (2)(b), a Panel may advise that a responsible parenting agreement under the Children and Community Services Act 2004 be entered into, and complied with, in respect of the child.

        (3)         The chairperson may by notice in writing —

            (a)         request the attendance of a child and his or her parents at a place and time specified in the notice; and

            (b)         request any person to produce at a place and time specified in the notice any document or record that is in the possession or under the control of that person.

        (4)         The Panel may —

            (a)         inspect any document or record produced and retain it for such reasonable period as it thinks fit, and make copies of it or any of its contents; and

            (b)         request any person to answer any question put to him or her.

        (5)         The Panel is to prepare a written report on the child’s case setting out any advice or assistance given by the Panel, comments about how the matter had been dealt with and recommendations about how the matter should be dealt with and give a copy of the report —

            (a)         to a parent of the child; and

            (b)         if the child is a prescribed child, to the child; and

            (c)         to a person whose details have been provided under section 16(1)(b)(ii)(II); and

            (d)         to the school’s principal; and

            (e)         if the child is enrolled at a government school, to the chief executive officer; and

            (f)         if the child is enrolled at a non-government school and on the request of the chief executive officer referred to in section 151, to that chief executive officer; and

            (fa)         if the child is a child who has not complied with section 11I, to the provider or providers in respect of the child; and

            (g)         if the child’s case was referred to the Panel by an attendance officer, to the officer.

        [Section 40 amended: No. 22 of 2005 s. 33, 39(1) and 40(1); No. 44 of 2008 s. 61(11); No. 28 of 2014 s. 27; No. 23 of 2015 s. 20.]