Dáil Éireann Debate, Tuesday - 18 April 2023
506. Deputy Louise O'Reilly asked the Minister for Education what options are available to the family of a student (details supplied) who has withdrawn from school and is refusing to attend due to difficulties they have faced in the school, but who has applied to enrolled in a new school and has been denied a place in that school. [16809/23]
View answerWhere a student is facing difficulties in a school, support services from the Educational Welfare Officer, the National Educational Physiological Services and the local Special Educational Needs Organiser as appropriate are available to the family by contacting the school in question.
Where a board of management make a decision to refuse admission to a school, the parent/guardian can appeal that decision under section 29 of the Education Act, 1998, and an independent appeals committee will be appointed to consider the appeal.
The role of the section 29 hearing committee is to examine the application for enrolment and consider if it was correctly processed by the school, in accordance with the school’s Enrolment Policy.
The section 29 appeals committee cannot consider matters that are not provided for within the school’s Enrolment Policy. If it is considered that a school has erred in their processing of an enrolment application, a section 29 appeal committee can examine how the application was processed by the school and identify if the school did not follow its Enrolment policy. In cases where an error occurred the section 29 appeal committee will consider if the error had a material effect on the application. Where an error had a material effect on the enrolment application, the section 29 appeal committee can direct the school to enrol the student or adjust the students ranking on the waiting list.
My Department has no authority to compel a school to admit a student, except in circumstances where an appeal under section 29 of the Education Act, 1998 has been allowed and the appeals committee directs that the school admit the child concerned.
A section 29 appeal must be made no later than 63 calendar days from the date of the school’s decision to refuse admission.
It is important to note that if a parent/guardian have been refused admission due to the school being oversubscribed, and they wish to appeal this decision they must first make a written request to the school seeking a review of the board of management’s decision. This request for a review to the board of management is time bound and must be made within 21 calendar days from the date of the decision by the school to refuse admission to the child.
If a parent/guardian has been refused admission for a reason other than the school being oversubscribed, they may, but are not required to, request a review by the board of management within 21 calendar days from the date of the decision by the school to refuse admission to the child. Where a parent/guardian has been refused admission for a reason other than the school being oversubscribed and do not choose to seek a review by the board of management they may make an appeal to an independent appeals committee no later than 63 calendar days from the date of the school’s decision to refuse admission.
Full details on the section 29 appeals process for refused enrolment are available on the Gov.ie website at the links below:
www.gov.ie/en/publication/8248c-appeals-in-relation-to-refusal-to-admit-a-student-due-to-a-school-being-oversubscribed/
www.gov.ie/en/publication/31c4f-appeals-in-relation-to-refusal-to-admit-a-student-for-a-reason-other-than-the-school-being-oversubscribed/
