Rejection of an application to modify part of a NESA syllabus
When it is an Inspector's judgement that there are concerns that the proposed modifications do not meet the requirements of the Education Act 1990, the Inspector will discuss these concerns with the principal (or equivalent) and proprietor (where appropriate) and provide opportunity for the school to provide further information.
If, following consideration of any further information the school provides, the Inspector continues to have concerns that the modifications may not comply with the requirements of the Act in relation to modifying part of a NESA syllabus, the Inspector will prepare a report that includes a recommendation that the application be rejected.
Where a recommendation is made to reject an application to modify part of a NESA syllabus, the principal (or equivalent) and proprietor (where appropriate) of the school will be given written notice detailing those requirements of the Act with which, in the opinion of the Inspector, the proposed modifications may not comply.
The principal (or equivalent) and proprietor (where appropriate) will be provided with the opportunity to make written comment to the Registration Committee regarding the recommendation of the Inspector.
Following consideration of the Inspector's advice and any written comment from the principal (or equivalent) and/or proprietor (where appropriate) of the school, the Registration Committee will determine whether it intends to make a recommendation to the Board that the application to modify part of a NESA syllabus be rejected. The principal (or equivalent) and proprietor (where appropriate) will be informed in writing of the Registration Committee's intention to recommend to the Board that the application to modify part of a NESA syllabus be rejected.
The principal (or equivalent) and proprietor (where appropriate) may seek a review of the decision by the full Board. The review process is undertaken by Officers from NESA not involved in the initial assessment of the registration system's or the school's application for approval to modify part of a NESA syllabus. The documentation considered by the review includes that submitted by the applicant previously and any additional documentation that the applicant wishes to have considered, the Inspector's advice, the Registration Committee's intended recommendation and the reasons for that recommendation.
In dealing with an internal review of a recommendation by the Committee to the Board to reject an application to modify part of a NESA syllabus, the full Board will consider the Inspector's advice, any written comments from the principal (or equivalent) and proprietor (where appropriate) in relation to the Inspector's advice, the Registration Committee's recommendation and reasons for the recommendation, and the internal review report prepared by another Inspector not associated with the original inspection report.
If the Registration Committee or, following an internal review, the Board, is satisfied that the proposed modifications do not meet the requirements of the Act, the Registration Committee or, following an internal review, the Board will recommend that the application to modify part of a NESA syllabus be rejected.
There is no recourse to the Tribunal against decisions to reject an application to modify part of a NESA syllabus.
In the event that NESA is unable to approve a modification because of an inconsistency between the modification sought and the curriculum guidelines, the school may request a review of that aspect of the curriculum guidelines.