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Equality Tribunal rejects disability complaints over school suspensions

By Cathal Brosnan

Workplace decision ·

The Equality Tribunal found in favour of A Boys National School in a disability discrimination case brought by Mrs. A on behalf of her son B. In a decision dated 15 May 2009, Equality Officer Enda Murphy found that the school’s two three-day suspensions did not amount to discrimination or a failure to provide reasonable accommodation.

Mrs. A argued that the suspensions punished behaviour associated with her son’s disability and that the school should have used alternative behaviour supports. The school said it had put education and behaviour plans and other supports in place, and that it suspended him as a last resort after serious incidents raised safety and classroom concerns.

The Equality Officer found that the school’s measures were reasonable and sufficient, and that the suspensions followed serious disruption to the education of other pupils. He also found that the second complaint, concerning the June 2005 suspension, was within time because the suspension policy’s effects continued through August 2005.

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