Aggrieved parents have formally filed an appeal against the Education Minister's decision to cut an entry level class at St. George's Prep school.

Lawyer Richard Horseman, who is working pro bono for the group of 25 parents, said the appeal could be precedent setting.

The Education Act allows parents to appeal a decision made by school authorities or the Ministry to the Appeals Committee.

The Appeals Committee's decision is binding on the Ministry.

Mr. Horseman said the Committee is typically used to appeal a decision to expel a student, and that the last time an appeal against a decision not to admit a student to the school of their choice was probably 20 years ago.

"This is slightly unusual in that you've almost got a class action," he said. Three of the seven member Appeals Committee will decide the case ? the Chairman and two others.

"Hopefully we won't get a stacked deck," said Mr. Horseman. The Committee is appointed by the Governor on the advice of the Premier.

"We would most certainly welcome Jennifer Smith and Dean Foggo" ? two Government MPs who have backed the parents.

"And hopefully we can also appeal to their (the Appeals Committee) common sense and not strictly to the legal footing."

Ms Smith and Mr. Foggo are not on the Appeals Committee which is chaired by Wilbur Lowe. Other members are Edwina Smith, Elizabeth Christopher; Sondra Choudhury; Martha Dismont, Ianthia Wade and Walter Roban, a Government Senator who supported the Minister's stance during yesterday's Senate hearing.

Mr. Horseman refuted Mr. Lister's assertion earlier this week that parents had decided to accept alternative schools for their children.

"That's never been the case. I think the Ministry has always been aware there was no change in mind from the 26 families. It seems to me the Ministry were relying on the acceptance letters whereby some of the parents were forced into accepting the second choice. However that was done expressly without prejudice to their right to appeal. They were aware that the parents were continuing to challenge the refusal."

And Mr. Horseman said that he was hoping that the appeal process would end in the school being made into two streams to accommodate all the parents who wanted their children there.

If the appeal fails, Mr. Horseman will take the parents' case to court.

The appeal is claiming that parents' rights to send their child to a primary school of their choice were violated by the Minister's decision to refuse to admit them to St. George's Prep.

It states that the Minister failed to listen or consider representations made by the parents or to consider all the relevant factors in making his decision.

"It appears to have been a done deal," Mr. Horseman said.