Dáil Éireann Debate, Monday - 11 September 2023
705. Deputy Eoin Ó Broin asked the Minister for Education the options available to a person (details supplied) who has been unable to secure a school place in their locality or in their neighbouring towns and who has already been in contact with their local educational welfare officer and is advised it will be difficult to secure a teacher for home tuition; and if she will make a statement on the matter. [38744/23]
View answerMy Department has been in contact with the Educational Welfare Services (EWS) which is part of the Tusla Education Support Services (TESS). TESS provides educational welfare supports and interventions for children and families who experience challenges in relation to school attendance, participation, and retention.
The Education Welfare Officer (EWO) advises parents on making the application to the Department of Education for home tuition, the parent is responsible for securing the tutor.
There is a shortage of tutors generally however I am pleased to inform you that a tutor has been arranged for this young person and the EWO has assisted this parent in completing the home tuition form.
My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in the area. In relation to school admissions, it is the responsibility of the managerial authorities of all schools to implement an enrolment policy in accordance with the Education Act, 1998.
The Capital Programme details the school projects that are being progressed under Project Ireland 2040. The current status of large-scale projects being delivered under Project Ireland 2040, including projects in the area in question, may be viewed on my Department's website at, www.gov.ie and this information is updated regularly. In addition, a list of large-scale projects completed from 2010 to date may also be viewed on the website.
The Capital Programme also provides for devolved funding for additional classrooms, including accommodation for pupils with special educational needs, if required, for schools where an additional enrolment need has been identified or where an additional teacher has been appointed. Details of schools listed on this programme (the Additional Accommodation Scheme) can also be found on my Department's website at www.gov.ie and this information is also updated regularly.
In relation to school admissions, it is the responsibility of the managerial authorities of all schools to implement an enrolment policy in accordance with the Education Act, 1998.
Parents have the right to choose which school to apply to and where the school has places available the pupil should be admitted. However, in schools where there are more applicants than places available 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. This may result in some pupils not obtaining a place in the school of their first choice. The selection criteria to be applied by schools and the order of priority are a matter for the schools themselves.
My Department does not seek to intervene in the selection criterion that is applied by schools.
Where a board of management make a decision to refuse admission, a 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 a parent / guardian consider that a school has erred in the processing of their 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. As you are aware, section 29 of the Education Act, 2008, as amended by Education (Admissions to Schools) Act 2018, provides for a paper based appeal to be considered by an independent appeals committee appointed by me as Minister for Education, in circumstances where a parent has been refused enrolment due to oversubscription.
It is important to note that if a child has been refused admission due to the school being oversubscribed, and the parent / guardian wish to appeal that decision they must firstly 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 child has been refused admission for a reason other than the school being oversubscribed, the parent / guardian 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 your child.
Where the child has been refused admission for a reason other than the school being oversubscribed and does not choose to seek a review by the board of management the parent / guardian 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.
My Department operates 3 categories of home tuition:
- special educational needs and medical grounds
- reasons other than special educational needs and medical grounds
- maternity-related absence
- the purpose of the Home Tuition Grant Scheme is to provide funding towards the provision of a compensatory educational service for children who, for a number of specific reasons, are unable to attend school.
- Home tuition is not an alternative to a school placement and is provided in very limited and specific circumstances. By its nature, it is intended to be a short term intervention.
- The No School Place scheme which falls into the category of home tuition for -reasons other than special educational needs and medical grounds-is available where a child is temporarily without a school place and is actively seeking a school placement or may be taking an appeal under Section 29 of the Education Act 1998 following expulsion. Those who qualify for this grant scheme can employ a tutor to provide 9 hours home tuition per week. Details of this scheme are contained in circular 0031/2023 which is available at the following link:
gov.ie - Home Tuition Grant Scheme for children without a school place (www.gov.ie)
This scheme is operated with the assistance of the Educational Welfare Services of the Child and Family Agency. Application forms for this grant scheme are available from the Educational Welfare Officer (EWO). Parents who wish to make an application for Home Tuition under the category- reasons other than special educational needs and medical grounds- can make contact with their local Educational Welfare Officer (EWO) via the Tusla website at www.tusla.ie/get-in-touch/education-and-welfare/#EWO
Parents who wish to make an application for Home Tuition under the category- special education needs and medical grounds- can contact Special Education Section via email at special_education@education.gov.ie.
