Elijah Burke who successfully challenged the Minister's decision to exclude him from the calculated grades process will receive any grades awarded to him by September 7th next, when more than 60,000 other students will get their results.
The Minister had refused to give Elijah a calculated grade because he had been taught by his mother Martina Burke, a qualified teacher.
Mr Justice Charles Meenan in his ruling had directed the Minister to put steps in place to allow Elijah, and other home-schooled students excluded from the system because they had been home-schooled by a parent or close relative, be assessed for a calculated grade.
Court ruling
Earlier this week it emerged that while the Minister was putting steps in place to allow Elijah be assessed for a calculated grade, there was no guarantee that he would receive any results at the same time as other candidates.
Mr Justice Charles Meenan expressed his concerns over that lack of a guarantee, and the potential effect this might have on Elijah regarding the CAO's First Round offers for places in third level education.
At the High Court on Friday Brendan Hennessy Bl for Elijah Burke said significant progress had been made between the parties over how and when Elijah's course work is to be assessed, and graded.
Mr Hennessy, instructed by solicitor Eileen McCabe said that Elijah's work is to be assessed by independent teachers from the Mayo Education and Training Board.
The teen's work will be assessed in the same manner by an independent teacher as an in-school student who had been educated by a parent or close relative.
Any grades he receives in the nine Leaving Cert subjects he studied are to be awarded by Sept 7th, counsel said.
Mr Justice Meenan welcomed the timetabled arrangements that had been put in place. The judge praised both sides for their efforts to deal such a complex matter within a short space of time.
In a judgement earlier this month Mr Justice Meenan quashed the Minister's decision and held that the calculated grade system which excludes home schooled students on the grounds that a teacher has a conflict of interest was "irrational, unreasonable and unlawful."
Scenarios
A system had been put in place in schools to deal with scenarios where a Leaving Cert student has been taught by a parent or close relative, he said.
He said that a non-conflicted or independent teacher or teachers ought to be involved in the place of Elijah's mother in the system for the award of the estimated mark in each of the teen's Leaving Certificate subjects.
Should it be possible to award the student marks the process set out in by Dept of Educations for the awarding of calculated grades out of school learners can operate for Elijah, the judge added.
He said the ruling applied to Elijah and some 10 other students in a similar situation.
Elijah hopes to study either Biomedical Sciences or History with Music at NUIG is from Cloonsunna, Castlebar, Co Mayo.
He is one of ten siblings who have all been educated at home by their mother.
The Minister argued that it was 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.
This was because Mrs Burke was 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 state denied his rights were breached by a system it brought in due to the Covid19 pandemic.
