Dáil Éireann Debate, Tuesday - 18 October 2022
450. Deputy Pauline Tully asked the Minister for Education the way in which the policies of schools are monitored to ensure that primary and secondary schools cannot refuse to enrol a child with a disability; and if she will make a statement on the matter. [51531/22]
Amharc ar fhreagraThe Education (Admission to Schools) Act 2018 provides that all schools must have an admission policy, part of which is the Admission Statement. The Admission Statement sets out that the school will not discriminate against an applicant on the grounds of gender, civil status, family status, sexual orientation, religion, disability, race, member of traveller community or special educational needs.
Parents have the right to choose which school to apply to and where the school has places available for the relevant year, the pupil/student 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/student not obtaining a place in the school of their first choice.
The act requires schools to clearly set out their selection criteria in their admission policies. Schools have discretion in relation to their admission criteria and how they are applied. The criteria to be applied by schools and the order of priority are a matter for the schools themselves. It is an important feature of the act that schools can only make a decision on an application for admission that is based on the schools admission policy.
Under Section 29 of the Education Act 1998, the parent of the student, or in the case of a student who has reached the age of 18 years, the student, may appeal a decision of this school to refuse admission. An appeal may be made under Section 29 (1)(c)(i) of the Education Act 1998 where the refusal to admit was due to the school being oversubscribed. An appeal may be made under Section 29 (1)(c)(ii) of the Education Act 1998 where the refusal to admit was due a reason other than the school being oversubscribed.
TUSLA’s Education Support Service (TESS) which is the statutory agency that can assist parents who are experiencing difficulty in securing a school place for their child. TESS can be contacted at 01-7718500. For ease of reference, I have provided you with a link to the relevant phone numbers for the Education Welfare Officers who are part of TESS assigned to various areas around the country. www.tusla.ie/get-in-touch/local-area-offices .
