Ms Áine Lynch:

While the National Parents Council, NPC, welcomes the draft regulations, I will make some comments on the different heads. On head 3, the requirement that an admission policy will state the school will not discriminate in admission, the NPC welcomes the explicit statement referred to in this provision and believes this will ensure that all parents and perspective students are aware of the school's commitment in this area. It is important that in issues such as discrimination, presumption is not made as to what may be implied or known, it is essential that the policy is stated in detail, as proposed. Under head 4, the amendment of section 33 to set out the powers of the Minister to make regulations regarding the admission of students to schools, the NPC again welcomes the clarity that head 4 brings for regulation on admission to a school. In particular, we support the requirement of the board to consult with the patron, parents and others before approving an admission policy, the requirement that an admission policy includes the school’s arrangements for those pupils who do not wish to attend religious instruction, the requirement that an admission policy includes a declaration that no fees will be charged, selection criteria that will be permissible and non-permissible and the prescription of the format and content of the application form. However, the NPC has concerns regarding the requirement that an admission policy includes the school’s policy regarding the admission and participation of pupils with disabilities or special educational needs. The admission policy regarding pupils with disabilities or special educational needs is already adequately dealt with under head 3. While the NPC fully supports the requirement for a school to have a policy regarding the participation of pupils with a disability or a special educational need, we do not believe this should form part of the admissions policy, as this refers to issues following admission and may lead to qualifying or limiting the school's affirmation statement under head 3.

The NPC also has concerns regarding the provision in head 4 that states:

Prescribe that the admission policy of a school shall provide for an offer of enrolment to be made to all students seeking admission save... where An Garda Síochána or the Health Service Executive has provided in writing to the school its opinion that the admission of the student could have a seriously detrimental effect on the safety of other students and or staff of the school.

The implication for children and families could be significant under this provision. The NPC believes that if a provision such as this is required, strict and specific regulation must be developed and this provision could not take effect until such a time as such regulation was in place.

As the next three heads are inter-related, I will deal with them together. I refer to head 5 on the repeal of section 29, head 6 on the function of a principal to implement a school’s admission policy and head 7 on appeals to the board of management against refusals to enrol. The NPC does not support the inclusion of head 5, based solely on the inclusion of heads 6 and 7. The NPC does support an appeals process at local level in the first instance and believes that with the improvements to the system the proposed new legislation will bring, the requirement for appeals should significantly reduce. The NPC welcomes the provision that the appeals process at local school level will be prescribed by the Minister following consultation, which will include national associations of parents. The NPC believes these procedures must be developed as a matter of urgency if head 7 is implemented as set out.

The NPC is concerned that were there to be any delay in the development of this procedure, a similar situation would arise as has happened with the current section 28 of the Education Act. Where no procedures are prescribed by the Minister in consultation, then other procedures may be drawn up in a non-consultative process to address the void, as has happened in schools regarding parental complaints. The NPC does not agree, however, that the decision made by the board under head 7 should be final. While the NPC recognises it is neither practical nor provides the best mechanism for appeal to address all issues to the Secretary General of the Department, we believe there must be an independent appeal process for the possibly small amount of cases that cannot be dealt with adequately either by the principal of the school in implementing a complaint admissions policy or the appeal process at the local school level. The NPC does not necessarily disagree with the repeal of section 29 as proposed in head 5 but this must only be done if an alternative independent appeal system is already in place. The NPC suggests the appeals committee proposed in head 9 also has a remit to deal with complaints from parents regarding refusal of school enrolment, only to be accessed if the parent has completed the appeals process at local school level and remains dissatisfied that the school admissions procedure complies with the statutory regulation or that it was applied correctly in his or her child’s instance.

The NPC welcomes head 9 on the power of the National Education Welfare Board, NEWB, and the National Council for Special Education, NCSE, to designate a school and associated appeal mechanism. We believe this head gives a reassurance to parents and children regarding a school place. The NPC welcomes the provision under head 9 that the council shall have regard to the educational needs of the child concerned and the wishes of the child’s parents. However, the NPC believes the views of the child should also be included in this section. The NPC has some concern relating to the insertion that the council shall have regard for the capacity of the school or centre for education, as the case may be, to accommodate the child and to meet his or her educational needs. This appears to be conflict with principle 1 of the NCSE’s policy advice paper to the Minister, Supporting Students with Special Educational Needs in Schools., which stated: “All children, irrespective of special educational need, are welcome and able to enrol in their local schools.” The NPC believes the provision under head 9(4), should state:

In making a designation under section (3), the NEWB shall have regard to the educational needs of the child concerned, availability of places in the schools and centres for education in the locality and the placement that in its view is in the best interests of the child, the wishes of the parents, and the views of the child concerned.