"We do get a lot of complaints from parents of suspended or excluded students and we often find when they do cock up, its cocked up really badly,'' Dame Beverley said.
She said legislation enforcing the provision of a safe physical and emotional environment for students would not be possible if charter schools were excluded from the Acts and it would be impossible to meet the requirements of the United Nations Convention on the Rights of the Child.
"It's a fundamental right of people to have an independent review mechanism for bad behaviour, for non adherence to administrative justice and procedural fairness in the application of policy.''
She said there had been 103 formal investigations carried out on schools over the last three years.
There were many other complaints that were dealt with and resolved directly with schools.
Mr Donnelly said the move in the legislation was unconstitutional and created a constitutional anomaly - historically state funded agencies, particularly those that operate under a statutory regime have been subject to the Ombudsmen and Official Information Acts.
Both regimes ensured that state funded agencies were accountable to the taxpayer for spending Government funds.
Under the Corrections Act 2004 private prisons were subject to the Ombudsmen and Official Information Acts, when they were subcontract to private operators.
"Under the partnership school model, the functions of schools are subcontracted to non-state sponsors who can deliver school services, with state funding, should be subject to certain constraints,'' said Dame Beverly.
"The operations of the acts have rarely, if ever brought anything to its knees - nobody died.''
Charter schools in the UK and the US both come under equivalent freedom of information legislation.