Dáil Éireann Debate, Tuesday - 15 December 2015
543. Deputy Brian Walsh asked the Minister for Education and Skills if she will consider an appeal on behalf of a person (details supplied) in County Galway regarding a school placement; and if she will make a statement on the matter. [45246/15]
Amharc ar fhreagraThe selection and enrolment of pupils in schools is the responsibility of the authorities of the individual school. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in an area. However, this may result in some pupils' not obtaining a place in the school of their first choice. As schools may not have a place for every applicant, 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.
Under section 15 (2) (d) of the Education Act, 1998, each school is legally obliged to disclose its enrolment policy and to 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.
Section 29 of the Education Act, 1998 provides for an appeal by a parent or guardian to the Secretary General of my Department or, - in the case of an Education and Training Board (ETB) school, - to the ETB in the first instance, where a Board of Management of a school, or a person acting on behalf of the Board, refuses to enrol a student in a school, expels a student, or suspends a student for 20 or more days in any school year. My Department has no authority to compel a school to admit a pupil, except in the case of an appeal under section 29 of the Education Act, 1998 being upheld.
Application forms for taking a section 29 appeal are available on this Departments website at the following link: http://www.education.ie/en/Parents/Services/Appeal-against-Permanent-Exclusion-Suspension-or-Refusal-to-Enrol/Section-29-Appeals-Application-Form.doc, or by contacting Section 29 Administration Unit, Friars Mill Road, Mullingar, Co. Westmeath, phone 0761 108588.
The Educational Welfare Service (EWS) of the Child and Family Agency (TUSLA) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child.
