The High Court has begun hearing a challenge to the exclusion of a home schooled Leaving Certificate student from this year's Calculated Grades process.

The case is being taken by 18-year-old Mayo student Elijah Burke, who has been taught at home by his mother.

Under the Calculated Grades process, teachers provide estimated marks for students.

However, marks are not accepted from teachers who are close relatives of a student.

Elijah argues that his exclusion is a breach of his constitutional rights.

The court heard, according to RTE,  that Elijah is a demonstrably gifted student who has won debating and music competitions, and hopes to study Biomedical Science of History and Music at NUIG.

Like his nine siblings, he had been educated at home by his mother, and they had all gone on to excel at third level.

Lawyers for Elijah told the High Court that his exclusion from the Calculated Grades process was a breach of his constitutional right to be home educated, and also a breach of what they argued was his constitutional entitlement to access the Leaving Certificate.

They said his exclusion was illogical, unreasonable, unjust, and discriminatory.

The Department of Education is expected to put forward its position tomorrow.





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