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.
Mr Burke argues that his exclusion is a breach of his constitutional rights.
The court heard that Elijah Burke was a demonstrably gifted student. He had won debating and music competitions and now hoped to go on to study Biomedical Science or History and Music at NUIG. Like his nine siblings, he had been educated at home by his mother, who is a registered teacher.
All of his siblings had gone on to excel at third level, and had achieved an average of 520 CAO points in their Leaving Certificates.
Lawyers for Mr Burke 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 Mr Burke's exclusion was illogical, unreasonable, unjust, and discriminatory.
The Minister for Education has opposed the application and denies that the measures put in place regarding the 2020 Leaving Cert amount to breach of Elijah's rights.
Lawyers for the minister will outline their position in detail tomorrow.
The Department of Education says it cannot accept marks from a teacher who is closely related to a student, irrespective if they are being home schooled or in a school.
It says it is not possible to give Elijah a calculated grade for any of the nine subjects he has studied due to an absence of credible evidence from an appropriate source on which to base a grade.
It says his mother, as his teacher, is in a position of direct conflict of interest and that accepting estimated marks from a family member would undermine the integrity and credibility of the process.
The Minister also argues while Elijah's Leaving Cert has been delayed it is not being denied to him.
In court today Senior Counsel Paul O'Higgins asked that the Department appoint a teacher to examine Elijah's work and academic record with a view to determining a mark that could then be used in reaching Calculated Grades.
He pointed to the fact that there was a process for students who were being taught by a close relative in a school whereby they were able to avail of the judgement of another teacher who could award a mark in lieu of their own tutor.
The court heard that there are a small number of students in a similar position to Elijah, fewer than 10.
Counsel said that provision should have been made for him and the others home schooled by relatives to be treated the same as the other 60,000 students due to sit the exams.
However the Department of Education has disputed the claim that access to the Leaving Certificate is a constitutional entitlement, pointing out that a child is only obliged to remain in education until the age of 16.
