Dáil Éireann Debate, Thursday - 20 May 2004
142 Mr. Penrose asked the Minister for Education and Science if he will take steps to ensure that a person (details supplied) in County Westmeath is admitted to St. Joseph’s School for Children with Visual Impairment, Grace Park Road, Drumcondra, Dublin 9; and if the relevant appeal which has been lodged in this case is heard as soon as possible; and if he will make a statement on the matter. [15077/04]
View answerMy Department has received correspondence in relation to a potential appeal under Section 29 of the Education Act, 1998 against the decision by St. Joseph's to refuse enrolment to the child referred to by the Deputy. Officials of my Department have been in contact with the child's parent.
Section 29 provides parents with a right to appeal a refusal to enrol by a recognised school. Where such an appeal is upheld the Secretary General of my Department may subsequently direct the school to enrol the child. However, my Department has advised the parent of the child that an appeal under section 29 of the Education Act, 1998 can only review the decision by St. Joseph's in relation to the child's enrolment as a day pupil. Should such an appeal be upheld, the Secretary General's power to direct the school to enrol the pupil would be limited to a direction to enrol as a day pupil only and could not address matters relating to lodgings or after-school care.
The child's parent has been supplied with the forms and information necessary to make an appeal under section 29 should they wish to proceed on this basis.
143 Mr. Penrose asked the Minister for Education and Science if a person whose application to attend a school, (details supplied) is admitted to the said school, if the appeal is immediately expedited; and if he will make a statement on the matter. [15078/04]
View answerSection 29 of the Education Act 1998, provides parents with an appeal process where a board of management of a school or a person acting on behalf of the board refuses enrolment to a student. An appeal under section 29 must be dealt with within a maximum of 44 days of its receipt in my Department. The appeal referred to by the Deputy was received on 17 May and is currently in progress.
The appeal procedures operated by my Department provide an opportunity in the first instance for both parties to reach an accommodation at local level. Should that fail, my Department will appoint a facilitator with a view to reaching agreement between them. If facilitation fails, an appeal is referred for hearing to an appeals committee.
In the event that the parties are unable to reach a prior agreement in this instance, the appeal hearing has been set for 15 June.
