Cap. 605 Art. 8Best educational interests of the minor.

(1) Decisions with regard to matters concerning the education of a minor shall be based primarily on the best educational interests of the minor with due regard to the interests of other students attending the same school as the minor and the continued effective and efficient operation of the school:

Provided that the Board shall, in its decisions, ensure that due regard is given to the principles established in article 4(1)(a).

(2) Where the Head of School of a State school, through the Head of College Network within which a minor is registered, believes that the decision of the minor’s parent or parents with regard to any matter concerning the education of the minor is not in accordance with the principle set out in sub-article (1), he shall forthwith bring the matter to the attention of the Division:

Provided that all reasonable solutions, if applicable, have been considered and attempted in such case, the Division may, if it considers it appropriate to do so taking into account the circumstances of the case, make an application to the Board for a decision on the matter.

(3) The Board shall, after giving the Division and the parents of the minor the opportunity to make their submissions in such manner and within such time as may be fixed by the Board, and after listening to the minor and any other person, give a decision on the matter.

(4) An application may also be made to the Board by any parent for a decision with regard to any matter concerning the education of the minor where it is not possible to obtain the consent of the other parent of the minor or where there is disagreement amongst the parents of the minor on any matter concerning the education of the minor. The Board shall, after giving the parents of the minor the opportunity to make their submissions in such manner and within such time as may be fixed by the Board, and, if it considers so appropriate, after listening to the minor and any other person, give a decision on the matter:

Provided that where the whereabouts of a parent are not known, it shall not be required to allow such parent the opportunity to make submissions.

(5) The Head of School and the parents of the minor shall ensure that the decision of the Board is implemented.

(6) Should there be a change in circumstances, the parents and, or the Head of School may refer the case to the Board for review.