Minister loses appeal against calculated grades decision for home-schooled students

Two students had brought the legal challenges over their exclusion from the Leaving Cert calculated grades scheme brought in during the Covid-19 pandemic

The High Court had found in favour of the pupils, and both were subsequently awarded calculated grades. File photo: iStock

The Supreme Court has dismissed the Minister for Education's appeal over a decision that two home-schooled students were unlawfully excluded from the 2020 Leaving Certificate calculated grades scheme.

The five-judge Supreme Court ruled on Monday that the students’ exclusion was an impermissible interference with the constitutionally protected freedom of the family to provide an education in the home as provided for in article 42.2.