Vol. 571 No. 3
27 Mr. O'Shea asked the Minister for Education and Science when he expects to publish the promised regulations under the Education Act 1998 to govern admission to primary schools, especially in view of claims made in the report of the National Forum on Primary Education that a number of primary schools were discriminating against poorer and weaker pupils in their enrolment and admission policies; and if he will make a statement on the matter. [21511/03]
Pupils and parents enjoy a number of legal rights regarding their choice of school for primary education. These derive from the Constitution, legislation and my Department's rules.
Statutory rights to choice of school derive from the Education Act 1998, section 6 of which provides for a number of objects to which those concerned with the implementation of the Act must have regard, including promoting "the right of parents to send their children to a school of the parents' choice having regard to the rights of patrons and the effective and efficient use of resources".
In addition, section 15 (2)(d) of the 1998 Act provides that a board of management of a primary school shall “publish, in such manner as the board with the agreement of the patron considers appropriate, the policy of the school concerning admission to and participation in the school . . . . and ensure that as regards that policy principles of equality and the right of parents to send their children to a school of the parents' choice are respected and such directions as may be made from time to time by the Minister, having regard to the characteristic spirit of the school and the constitutional rights of all persons concerned, are complied with”.
At present, officials in my Department are in consultation with officials in the office of the parliamentary counsel to the Government with a view to drawing up regulations under the Act governing the preparation of admissions policies. This work is ongoing and will be concluded as speedily as possible. The purpose of these proposed regulations is to promote greater consistency, transparency and accountability in decision-making at school level and to further the objective, under the Education Act, of equality and participation in education.
It is the responsibility of the managerial authorities of schools not in a position to admit all pupils seeking entry to implement an enrolment policy in accordance with the Education Act. In this regard a board of management may find it necessary to restrict enrolment to children from a particular area or a particular age group or, occasionally, on the basis of some other criterion. In formulating an admissions policy a school must, however, ensure it is lawful. In particular, it must act in accordance with section 7 of the Equal Status Act 2000 which, subject to very limited exceptions, prohibits schools from discriminating against people in relation to a number of matters, including the admission or the terms or conditions of admission of a person as a student to the school.
