The student is one of several individuals who have brought actions against an Independent Appeals Committee of the State Examinations Commission, which is under the aegis of the Department of Education, after his application for a reader was turned down.
A reader is an adult exam supervisor who reads exam questions in a way a student with dyslexia can understand, while he sits his exams.
Lawyers for the student, who is 18 and hopes to study art at third level, have brought fresh proceedings because his application has again been refused without him being given the opportunity to submit additional evidence supporting his application for a reader.
Two weeks ago the teenager, who also has a condition known as dyscalculia — a difficulty with numbers — was granted permission by the High Court to seek orders quashing the refusal as well as a declaration from the court he is entitled to be furnished with the reasons for the refusal.
He claims in that action, which is pending before the High Court, that no reasons were given for the original refusal. He also claims he has been denied fair procedures.
Yesterday lawyers for the teen returned to the High Court to challenge the commission’s decision to again refuse the teen’s application for a reader.
Michael Lynn SC, appearing with Brendan Hennessy, told Ms Justice Mary Faherty that on Tuesday of this week the committee told the student of its refusal.
Counsel said this decision was made before submissions supporting the student’s case for a reader had been made. The teenager’s solicitor, Eileen McCabe, was in the process of putting together reports from an education expert, the student’s school and teachers which were to be submitted as part of the teenager’s application for a reader.
However, with no prior notice the committee issued a fresh decision, again turning down the request. “We have not been able to put our case,” counsel said.
Counsel said while the commission may have been trying to be helpful his client has been left at “a significant disadvantage”.
Permission to bring the action was granted on an ex-parte basis by Ms Justice Faherty. The judge adjourned the matter to May 31.
The court had heard the student, who was diagnosed as having dyslexia when he was nine years of age, has applied for entry into third level under the Disability Access Route to Education (DARE).
This is an alternative admissions scheme where reduced points requirements are offered to school leavers whose disabilities have had a negative impact on their education. To qualify for a reader he needed to satisfy certain criteria