Dáil Éireann Debate, Thursday - 19 February 2004
17 Ms Shortall asked the Minister for Education and Science when he expects to publish the promised regulations under the Education Act 1998 to govern admission to primary schools, especially in view of claims made in the report of the National Forum on Primary Education that a number of primary schools were discriminating against poorer and weaker pupils in their enrolment and admission policies; and if he will make a statement on the matter. [5262/04]
View answerOfficials in my Department are in continuing consultation with officials in the Office of the Parliamentary Counsel to the Government with a view to drawing up regulations under the Act governing the preparation of admissions policies. This work will be concluded as speedily as possible. The purpose of these proposed regulations is to promote greater consistency, transparency and accountability in decision-making at school level and to further the objective, under the Education Act, of equality and participation in education.
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. In formulating an admissions policy a school must, however, ensure it is lawful. In particular, it must act in accordance with section 7 of the Equal Status Act 2000 which, subject to very limited exceptions, prohibits schools from discriminating against people in regard to a number of matters, including the admission or the terms or conditions of admission of a person as a student to the school.
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 himself or herself, 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 the Department of Education and Science. A committee is established to hear the appeal with hearings conducted with a minimum of formality. In most cases appeals must be dealt with within 30 days. Where appropriate, the Secretary General may give whatever directions to the board of management that are considered necessary 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 the inspectorate in a consultative process with the school authorities.
