Minister loses appeals over home-schooled students excluded from calculated grades Tuesday, March 09, 2021 The Minister for Education has lost her appeals over findings two home-schooled students were unfairly and unlawfully excluded from the Leaving Certificate calculated grades process. In a 127-page judgment on Tuesday, the three judge Court of Appeal, comprising Ms Justice Aileen Donnelly, Ms Justice Mary Faherty and Ms Justice Una Ni Raifeartaigh dismissed the appeals concerning High Court findings in separate cases by the two students. The COA found it was “unreasonable and disproportionate”, and an unlawful breach of the students’ constitutional rights, to exclude them entirely from the calculated grades scheme.