The Equality Authority is to examine yesterday's judgment with a view to pursuing a possible High Court challenge.
Expressing concern about Judge Anthony Hunt's interpretation of certain provisions of existing equality legislation, its chief executive Niall Crowley said that it will also be consulting with the two individuals involved. Until this is completed, he could not say whether it will proceed with any appeal.
"We are left with a status quo in relation to State examinations where students with disabilities are required to sit a standardised examination which does not permit a disabled person's ability to be measured in comparison with others without reference to their disability," he said.
"Steps are required to ensure a fair assessment of the ability and educational attainment of students with dyslexia. The current work of the State Examinations Commission, which is taking place in parallel to this case, in reviewing overall policy on special arrangements made for pupils with learning difficulties in State examinations will also be crucial in this regard." However, Minister for Education Mary Hanafin welcomed the court's ruling that explanatory notes on exam certificates are not discriminatory.
According to Department of Education figures, the number of "reasonable accommodations" provided for State examination candidates has grown from 2,876 in 2001 to 14,775 this year.
"This includes the use of a tape recorder, word processor and a spelling or grammar waiver.
"The introduction in 2000 of a system whereby students with special needs can be exempted from core parts of the State examinations in a particular subject - with an explanatory note on their results certificate - has made the exams far more accessible," Ms Hanafin said.
"This change was brought in following the recommendations of an expert group and an examination of best practice in other countries.
"This system strikes a fair balance between the need to enable students with disabilities to access the examinations and the need to maintain the integrity of the overall system, promote transparency and ensure fairness to other candidates," the Minister added.