Accredited grades challenge in student mask wearing case won't be heard until July

Leaving Cert pupil seeking to have private tutors help to assess his calculated grades along with teachers 

A Leaving Certificate student's High Court challenge over a refusal to allow private tutors assist in assessing his calculated grades will not be heard until July 2.

The boy, who cannot be named, had received private tutoring because he had not been attending his school after he refused to obey a requirement that he wear a mask in the common areas.

Two weeks ago, his challenge to the mask wearing requirement failed but a separate issue of whether his school's teachers can assess his accredited grades with the help of the private tutors has yet to be heard.

The student claimed prolonged mask wearing agitated his migraine. He was not required to do so in the classroom because he was provided with a perspex screen.

The boy, suing through his mother, was refused permission by the court two weeks ago to bring a challenge against the State Examination Commission and the Minister for Education and Skills over the requirement to wear a mask.

Mr Justice Charles Meenan said the mother, who personally represented him, had not presented any independent medical evidence to support the migraine claim. She had failed to establish minimum requirements for an arguable case and he refused leave to bring proceedings on that issue.

The separate matter of allowing the tutors input into his calculated grades — assessed by the school's teachers where the student chooses not to sit the exams — was adjourned.

The Department of Education told his mother that, as a registered student in a post-primary school, he can only receive estimated percentage marks from his full-time teachers and not from tutors giving extra tuition outside school.

On Wednesday, Mr Justice Meenan said the only date available for the court to deal with the outstanding matter is July 2.

The boy's mother told the judge there was a difficulty if the matter goes past the end of June with regard to talking to the school's teachers.

The judge said he "simply don't know the answer to that" but July 2 was the only date available for the case.

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