Dáil Éireann Debate, Wednesday - 14 February 2024
128. Deputy Patrick Costello asked the Minister for Education how many section 29 appeals have been taken on behalf of children refused admission in 2023; the results of these appeals; and what educational provision has been made for the children where the appeals have not been upheld. [7074/24]
View answerThe 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.
Where a board of management makes 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.
This 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.
The number of appeals filed in 2023 under Section 29 where a student was initially refused admission to enrol is as follows:
|
Description |
2023 |
|
No. of Refused Admission Appeals( including Over-subscription) |
286 |
|
Appeals Disallowed |
109 |
|
Single Committee Review_Decision Upheld |
19 |
|
Refusal to Hear |
77 |
|
Appeals Allowed |
24 |
|
Withdrawn |
48 |
|
Appeals Pending Decision |
9 |
No of Refused Admission appeals: appeals where a school board of management, or a person acting on behalf of the board of management (normally the school principal) refuses to admit a student to a school, where the decision to refuse admission is due to the school being oversubscribed or for another reason.. These reasons vary on a case by case basis.
Appeals Disallowed: Appeals where the committee has decided that the school has followed proper procedures in refusing to admit the student.
Refusal to Hear: Where the committee refuses to hear an appeal. This can occur for a number of reasons as listed in Section 29F (1) of the Education Act 1998. These include appeals that were not made in the specified time frame, or where the applicant has failed to provide required information.
Single Committee Review/Decision Upheld: Where a committee has refused to hear an appeal. The applicant can have that decision reviewed by an alternative committee member who was not part of the original decision. Data listed shows the number of appeals where the reviewer agreed that the committee's decision not to hear the appeal was valid.
Appeals Allowed: Number of appeals where the committee determined that the schools decision to refuse admission was incorrect and that the pupil/student should be admitted
Withdrawn : Where the appellant withdraws the appeal. This can happen for various reasons. For example, the student may be offered a place at another school .
Appeals Pending Decision: Appeals received relating to refusal to enroll where the committee has not yet made a decision
If a parent is unsuccessful with a Section 29 appeal they may be able to qualify for home tuition.
The Home Tuition Grant Scheme is available 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 provided as an interim measure only for children for whom a placement in a recognised school is not currently available, for a variety of reasons. It is a short term measure, and should not be regarded as an optional alternative to a school placement. Aspects of the scheme differ, depending on the reason for the application.
The Department of Education operates three categories of home tuition:
1. Home tuition for children with special educational needs and on medical grounds. Further detail is available on gov - Home Tuition (www.gov.ie)
2. Maternity-related absences gov - Home Tuition (www.gov.ie)
3. Reasons other than special educational needs and medical grounds
a. Strand 1 offers a temporary educational measure for a child who is temporarily without a school place, or without the offer of a school place and who is a actively seeking a place in a school recognised by the department. No School Place (NSP) Home Tuition Scheme provides interim provision for children without a school place, without the offer of a school place and for whom a place is being actively sought. Provision of tuition under this scheme is for a maximum of 9 hours per week for a period of 12 weeks or until the end of the school year or until the child in question receives an offer of a school place, whichever occurs first.
b. Strand 2 of this scheme is for children in care, who are without a school place due to emergency placement or placement disruption. The CIC Home Tuition Grant Scheme provides tuition for a maximum of 6 weeks for Children in Care for a maximum of 9 hours per week who are without a school place due to emergency placement or placement disruption. The maximum number of weeks of Home Tuition funding available under this scheme in any school year is 6 weeks. If, following 6 weeks the child is still without a school place, an application for the Department’s NSP Home Tuition Grant Scheme may then be made.
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. There are a variety of reasons why a child may be without a school place such as children moving school mid-year, family relocating, expulsion, children receiving a place further away than they can travel to and HTS as a short-term solution until a transport solution is put in place.
Tusla Education Support Service (TESS) has the responsibility to support a family when applying or home tuition if the child/young person is without a school placement. Home tutors are engaged by the parents/guardian of the child who is to receive tuition and the tutor has no contractual relationship with the Department of Education.
If a parent/guardian is unsuccessful sourcing a tutor for home tuition they should contact Tusla Education Support Service (TESS). Application forms for the home tuition scheme for students who are temporarily without a school place, are without an offer of a school place and are actively seeking a school placement in a recognised school grant scheme are available from the local Educational Welfare Officer (EWO) or the appointed social worker. Educational Welfare Officers are available to assist parents with the application for home tuition, if needed.
