Education (Leaving Certificate 2021) (Accredited Grades) Act 2021

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Functions conferred on Commission relating to system of accredited grades

6. (1) Notwithstanding section 54(1) of the Act of 1998 and the State Examinations Commission (Establishment) Order 2003 ( S.I. No. 373 of 2003 ), the Commission shall, subject to subsection (5), have the following functions in relation to the system of accredited grades:

(a) to receive, in accordance with such procedures as it may determine, in respect of each candidate concerned, an estimated mark for each subject concerned;

(b) to apply a process of standardisation to the estimated marks so received;

(c) following the completion of the process of standardisation, to determine an accredited grade in respect of each subject for which an estimated mark has been received;

(d) to issue the results comprised in the Leaving Certificate 2021 to each candidate;

(e) where a candidate has chosen, in respect of any subject, to receive an accredited grade and to participate in the Leaving Certificate Examination that is due to take place in 2021 and has sat the examination in that subject, to award to the candidate the accredited grade or the result achieved in that examination, whichever is more advantageous to that candidate;

(f) to provide to each candidate, on such date or dates as the Commission shall determine, for each subject concerned—

(i) the estimated mark received by the Commission in respect of such candidate, and

(ii) the mark, expressed as a percentage, generated following the completion of the process of standardisation;

(g) to consider appeals referred to in section 2 (3), in accordance with such procedures as it may determine under paragraph (m);

(h) to consider appeals referred to in section 2 (4), in accordance with such procedures as it may determine under paragraph (n);

(i) to receive information in relation to communications as provided for by section 4 ;

(j) to withhold from a candidate, under section 4 or 5 , as the case may be, in accordance with such procedures as may be prescribed, all or any of the accredited grades comprised in the Leaving Certificate 2021;

(k) to implement a system of appeals against a determination to withhold all or any of the accredited grades as referred to in paragraph (j), in accordance with such procedures as may be prescribed;

(l) to appoint a panel of suitable persons to consider appeals referred to in paragraph (m)(viii) or (n)(vii) (in this section referred to as “appeals officers”), on such terms and conditions as the Commission may determine, which may include, but are not limited to, the period for which they may be appointed, the payment of fees and expenses (with the consent of the Minister and the Minster for Public Expenditure and Reform), resignation and removal for stated reasons;

(m) to determine the procedure for an appeal referred to in section 2 (3), which may include, but is not limited to, the following:

(i) the period within which an appeal shall be made;

(ii) the form and manner in which an appeal shall be made;

(iii) the information to be provided by a candidate for the purposes of the appeal, including the reasons for the appeal;

(iv) the form and manner in which the Commission shall carry out a review of the decision not to provide an estimated mark for a subject and the processes and procedures followed in making that decision;

(v) the period within which the Commission shall determine the review;

(vi) the form and manner in which, and the period within which, a candidate shall be notified of the determination referred to in subparagraph (v), including where the decision not to provide an estimated mark is upheld, the reasons for that determination;

(vii) the form and manner in which, and the period within which, a candidate may appeal against the determination of the Commission referred to in subparagraph (v);

(viii) the appointment of appeals officers;

(ix) the conduct of appeals;

(x) the provision to the appeals officers of such access to information, records and documentation held by the Commission as may reasonably be required by the appeals officers for the purposes of an appeal;

(xi) the form and manner in which, and the period within which, a candidate shall be notified of the determination of the appeals officers, including where the determination of the Commission is upheld, the reasons for that determination;

(n) to determine the procedure for an appeal referred to in section 2 (4), which may include, but is not limited to, the following:

(i) the period within which an appeal shall be made;

(ii) the form and manner in which an appeal shall be made;

(iii) the form and manner in which the Commission shall carry out a review referred to in section 2 (4);

(iv) the period within which the Commission shall determine the review;

(v) the form and manner in which, and the period within which, a candidate shall be notified of the determination referred to in subparagraph (iv);

(vi) the form and manner in which, and the period within which, a candidate may appeal against the determination of the Commission referred to in subparagraph (iv);

(vii) the appointment of an appeals officer;

(viii) the conduct of appeals;

(ix) the provision to the appeals officer of such access to information, records and documentation held by the Commission as may reasonably be required by the appeals officer for the purposes of an appeal;

(x) the form and manner in which, and the period within which, a candidate shall be notified of the determination of the appeals officer, including where the determination of the Commission is upheld, the reasons for that determination.

(2) The Commission may by notice, in writing, request from a teacher, tutor, principal or any other person who performs a function relating to the provision of estimated marks to provide the Commission, in such form and manner, and within such period, as may be provided for in such notice, such information, records and other documentation held by such teacher, tutor, principal or person, as the case may be, as the Commission may reasonably require for the purposes of an appeal referred to in section 2 (3) or (4), as the case may be.

(3) The Commission shall have all such powers as are necessary for, or are incidental to, the performance of the functions conferred on it by or under this Act.

(4) The performance by the Commission of functions conferred on it by or under this Act shall be subject to the determination of matters of policy by the Minster.

(5) The Minister may, following consultation with the Commission, by order, confer on the Commission such additional functions in relation to the system of accredited grades, as the Minister considers necessary and appropriate, having regard to the need to ensure that the system of accredited grades operates as intended by or under this Act for the purposes of the Leaving Certificate 2021.

(6) An order under subsection (5) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the order.

(7) The Commission shall submit to the Minister, in such form and manner and within such period as the Minister may direct, such information regarding the performance of the functions conferred on it by or under this Act as the Minister may from time to time require.