In relation to school admissions, parents can 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. However, this may result in some pupils not obtaining a place in the school of their first choice.
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 Educational 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. Further information on the Section 29 appeals process is available on the Department's website www.education.ie.
The Education Welfare Service 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. The EWS can be contacted at 01-7718500.
As the Deputy will be aware the Education (Admission to Schools) Bill 2016 was published in July 2016. The Bill which passed Committee Stage on 28th June 2017 and will shortly proceed to Report Stage, is an important piece of legislation which strives to create a new more parent-friendly, equitable and consistent approach to how school admissions policy operates for the almost 4,000 primary and post-primary schools in this country.
The main provisions of the Bill include measures to:
- Ensure that where a school is not oversubscribed (which relates to 80% of schools ) it must admit all students applying;
- Ban waiting lists, thus ending the discrimination against parents who move in to a new area;
- Require all schools to publish their admissions policies, which will include details of the provisions for pupils who decline to participate in religious instruction;
- Require all schools to consult with and inform parents where changes are being made to admissions policies;
- Provide for a situation where a child (with special needs or otherwise) cannot find a school place, and allow the National Council for Special Education or Tusla (Child and Family Agency) to designate a school place for the child.
Last June during Committee Stage debate on the Education (Admission to Schools) Bill I advised that my preference is to make changes to the Equal Status Act, 2000 that would remove the capacity for state-funded denominational primary schools, where they are oversubscribed, to use religion as a criteria in admissions process. In my proposal I also made it clear that I was anxious to deal with the position of minority religions.
My officials are currently engaging with the Office of the Attorney General on the development of legislative proposals on this matter and this work is nearing conclusion. It is my intention to progress the Bill to Report Stage once these proposals have been finalised.
