Dáil Éireann Debate, Wednesday - 15 January 2014
252. Deputy Finian McGrath asked the Minister for Education and Skills the action that can be taken to assist returning emigrants who have difficulty in getting their children back into their local school (details supplied); and if he will make a statement on the matter. [1716/14]
View answerThe selection and enrolment of pupils in schools is the responsibility of the authorities of the individual school. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in an area. However, this may result in some pupils not obtaining a place in the school of their first choice. As schools may not have a place for every applicant, a selection process may be necessary. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants.
Under section 15 (2) (d) of the Education Act, 1998, each school is legally obliged to disclose its enrolment policy and to ensure that as regards that policy that principles of equality and the right of parents to send their children to a school of the parents choice are respected. Section 29 of the Education Act, 1998 provides for an appeal by a parent or guardian to the Secretary General of my Department, or in the case of an Education and Training Board (ETB) school to the ETB in the first instance, where a Board of Management of a school, or a person acting on behalf of the Board, refuses to enrol a student in a school, expels a student or suspends a student for 20 or more days in any school year. My Department has no authority to compel a school to admit a pupil, except in the case of an appeal under section 29 of the Education Act, 1998 being upheld.
The parents/guardians of the pupil in question may wish to contact my Department at the Section 29 Appeals Administration Unit, Friar's Mill Road, Mullingar, Co. Westmeath, (phone 044 9337008) if they wish to take an appeal under section 29 of the Education Act, 1998. The Child and Family Agency is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The Child and Family Agency may be able to offer assistance and advice on securing a school placement within the pupil's area. The contact details for the Child and Family Agency is Child and Family Agency, 16-22 Green Street Dublin 7, phone 01 8738700.
The Deputy will be aware that I have recently published a draft General Scheme for an Education (Admission to Schools) Bill, 2013 as well as draft regulations for discussion ahead of enacting legislation. These are available on my Department's website. I have referred the draft proposals to the Oireachtas Joint Committee on Education and Social Protection, to allow a full public discussion of the proposed legislative framework, including inputs from parents, education partners and other stakeholders. I will be reflecting carefully on the views expressed in the consultation process to ensure the legislation strikes the right balance between school autonomy and fairness in our education system.
