Judgment reserved over Leaving Cert notes

A five-judge Supreme Court has reserved judgment on an appeal by a woman who alleges that, as a student with dyslexia, she was discriminated against because special explanatory notes were attached to her Leaving Certificate. The notes stated she was not assessed on spelling and grammatical elements of language subjects.

Among the issues raised by Kim Cahill’s case is whether the education minister comes under the scope of the Equal Status Act in relation to the provision of education services in the State.

Ms Cahill, prior to sitting the Leaving Certificate in 2001, asked for and obtained an exemption from assessment in relation to spelling and grammatical elements of language subjects. Her Leaving Certificate stated that she received those exemptions.

The Equality Tribunal upheld her complaint that the annotations effectively labelled her as disabled and it directed the education minister pay compensation of €6,000 to her and another student who made a similar complaint. It also required the minister to issue both students with new Leaving Certificates without the notations.

The education minister appealed to the Circuit Civil Court, which, in 2007, upheld the appeal. Ms Cahill then unsuccessfully appealed that decision to the High Court.

In his 2010 judgment rejecting her claim, Mr Justice Éamon de Valera ruled the Department of Education acted at all times in accordance with international best standards in annotating the certificate to reflect the fact Ms Cahill secured exemptions from assessment on certain elements.

Failure to record the “reasonable accommodation” made to Ms Cahill would “adversely affect the integrity of the testing process” and “essentially defeat the purpose of the exam in the first place”, he said.

Teen aims to secure reader for exams

A Leaving Certificate student with dyslexia has launched High Court proceedings aimed at securing a reader that will allow him to understand the examination papers.

The action by the 18-year-old student is against an Independent Appeals Committee of the State Examinations Commission. Late last month, the committee turned down his application for a reader, an adult exam supervisor to read questions in a way a student with dyslexia can understand, while he sits his exams. No reasons were given for the refusal.

He seeks orders quashing the refusal as well as a declaration that he is entitled to be furnished with the reasons for the refusal.