Emmet Stagg
Question:465 Mr. Stagg asked the Minister for Education and Science the legal rights for pupils and parents in relation to their choice of school for primary education; and if he will make a statement on the matter. [9690/02]
Written Answers. - Primary Education.
The compulsory school starting age in a national school is six years of age and Rule 64 (1) of the Rules for National Schools provides that a child must be at least four years of age before she or he may be enrolled in a national school. Children of compulsory school-going age must have a place in a national school and overall there are more than enough places available. Pupils and parents enjoy a number of legal rights regarding their choice of school for primary education. These derive from the Constitution, legislation and my Department's rules.
In Article 42 of the Constitution, the State acknowledges that the primary and natural educator of the child is the family and guarantees to respect the inalienable right and duty of parents to provide, according to their means, for the religious and moral, intellectual, physical and social education of their children. Article 42 goes on to state that parents shall be free to provide this education in their homes or in private schools recognised or established by the State. It prohibits the State from obliging parents in violation of their conscience and lawful preference to send their children to schools established by the State, or to any particular type of school designated by the State. It must require, in view of actual conditions, that the children receive a certain minimum education, moral, intellectual and social.
Statutory rights to choice of school derive from the Education Act, 1998, section 6 of which provides for a number of objects to which those concerned with the implementation of the Act must have regard, including promoting the right of parents to send their children to a school of the parents' choice having regard to the rights of patrons and the effective and efficient use of resources. In addition, section 15(2)(d) of the 1998 Act provides that a board of management of a primary school shall publish, in such manner as the board with the agreement of the patron considers appropriate, the policy of the school concerning admission to and participation in the school and ensure that as regards that policy principles of equality and the right of parents to send their children to a school of the parents' choice are respected and such directions as may be made from time to time by the Minister, having regard to the characteristic spirit of the school and the constitutional rights of all persons concerned, are complied with.
It is the responsibility of the managerial authorities of schools that are not in a position to admit all pupils seeking entry to implement an enrolment policy in accordance with the Education Act. In this regard a board of management may find it necessary to restrict enrolment to children from a particular area or a particular age group or, occasionally, on the basis of some other criterion.
Where a board of management refuses to enrol a student in a school the parent of the student or, where the student has reached 18 years of age, the student themselves, following the conclusion of any appeal procedures at school level, has a statutory entitlement under section 29 of the Education Act to appeal that decision to the Secretary General of my Department. A committee is established to hear the appeal with hearings conducted with a minimum of formality. In most cases appeals must be dealt with in 30 days. Where appropriate, the Secretary General may give whatever directions to the board of management are considered necessary in order to remedy the matter complained of.
In addition, in cases where parents experience difficulties in having their child admitted to the school system, my Department gives assistance in securing a suitable school placement through the involvement of its inspectorate in a consultative process with the school authorities.