Dáil Éireann Debate, Tuesday - 24 October 2023
279. Deputy Richard Boyd Barrett asked the Minister for Education how a person (details supplied) can take a matter further as advised by the Board of Education when their daughter who is legally blind was refused a place on the basis that she could not complete the visual part of the entry assessment; and if she will make a statement on the matter. [46324/23]
View answerIn 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 and the Education (Admission to Schools) Act 2018.
The Act provides for schools to explicitly state in the school's admission policy that it will not discriminate against an applicant for admission on the grounds of disability, special educational needs, sexual orientation, family status, membership of the traveller community, race, civil status, gender or religion while including provision for single sex schools and denominational schools to reflect, in their admission policy, the exemptions applicable to such schools under equality legislation.
All school admissions policies, must be approved by the patron, following consultation with staff and parents of children who are attending the school. The school’s admissions policy is published on the schools website. It is a key requirement of the act that all school admission policies are fair and transparent.
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 will 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. However, this may result in some pupils not obtaining a place in the school of their first choice.
The act requires those schools exclusively providing for special education needs to set out in their admission policies, the category or categories of special educational needs that the school provides for. The act also provides that schools are not required to admit a student where the student does not have the specified category of special educational needs that the school provides for.
Appeals on the grounds of discrimination are made to the WRC in accordance with the equal status act 2000.
My Department will also raise this issue with the NCSE and ask them to engage with the school on this matter.
