Richard Bruton (Dublin Bay North, Fine Gael) | Oireachtas source

The school "may" refuse. It will not be deemed to be in breach of the legislation if a school refuses a child who does not fit into the school's special need category. If a school has a class for six children with special education needs and there is a child seeking access who does not have a special education need, the school can say that it is not taking on the child in its special education need class because that has been reserved for children who require it. Otherwise, we would find ourselves in a situation in which, if a school had half-full special education provision, a child with no need would be put into that class because the school could not say that it was not making that place available to the child. It is to allow the school to refuse in those circumstances. Of course, were any such refusal unreasonable, it could be appealed under section 29. If a child had a special need and was being unreasonably refused, the parents could appeal. This amendment prevents children that could go into an ordinary class from saying that the special education school must give the child that place. I think it is a reasonable provision.