Jonathan O'Brien
Question:464. Deputy Jonathan O'Brien asked the Minister for Education and Skills her Department's policy on allowing schools to refuse entry to students who have been previously excluded from other schools. [43044/14]
View answerTuesday, 11 November 2014
Questions (464)
Written answers
The selection and enrolment of pupils in schools is the responsibility of the authorities of the individual school. This 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 Educational 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. This 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 Deputy will be aware that it is my firm view that all schools should be inclusive. It is with this spirit of inclusiveness that the proposed Admissions to Schools Bill is designed. The regulatory framework should see improved access to schools for all pupils and ensure there is consistency, fairness and transparency in the admissions policies of schools and in the service they provide to parents.