SCHOOL EDUCATION ACT 1999 - SECT 82
SCHOOL EDUCATION ACT 1999 - SECT 82
82 . Resolving question under s. 76, 77, 78 or 79
(1) This section
applies to a child —
(a) in
the child’s —
(i)
pre-compulsory education period; or
(ii)
compulsory education period;
and
(b) in
respect of whom an application for enrolment has been made under section 74
but who has not been enrolled in accordance with the application.
(1A) However, this
section does not apply to a child in the child’s pre-compulsory
education period if the enrolment of the child would contravene the
Public Health Act 2016 section 141D.
(2) If in relation to
a child any question arises under section 76, 77, 78 or 79 as to whether
—
(a) the
usual place of residence of the child is or is not —
(i)
in the State; or
(ii)
in a particular intake area;
or
(b) an
educational programme is available or is appropriate for the child; or
(c)
classroom accommodation is available; or
(d) any
other criteria prescribed for the purposes of section 76(2), 77(b), 78(2)(b)
or 79(1)(b), as the case requires, are satisfied,
the issue in dispute
is to be decided by the chief executive officer.
(3) Where the chief
executive officer decides under subsection (2) that —
(a) the
usual place of residence of the child is not in an intake area for a school;
or
(b) an
educational programme at a school is not available or is not appropriate for
the child; or
(c)
classroom accommodation is not available at the school for the child; or
(d) any
other criteria prescribed for the purposes of section 77(b), 78(2)(b) or
79(1)(b), as the case requires, are not satisfied in relation to the child,
the chief executive
officer is to determine at which other government school (or schools if a
choice is given) the child may be enrolled.
(4) The chief
executive officer may make an interim decision on an issue in dispute pending
the making of a final decision, and effect is to be given to the interim
decision.
[Section 82 amended: No. 22 of 2005 s. 9; No. 11
of 2012 s. 40; No. 14 of 2019 s. 20.]