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

I move amendment No. 44:

In page 7, to delete lines 28 to 39, and in page 8, to delete lines 1 to 17 and substitute the following:

"(d) set out the selection criteria which shall be applied where the school is oversubscribed,

(e) provide that the school shall not apply the following selection criteria where the school is oversubscribed:

(i) a student's prior attendance at a specified category or categories of pre-school or pre-school service, other than in relation to a student's prior attendance at—

(I) an early intervention class, or

(II) an early start pre-school,

specified in a list published by the Minister from time to time,

(ii) the payment of fees or contributions (howsoever described) to the school, other than in accordance with section 64;

(iii) subject to subsection (8), a student’s academic ability, skills or aptitude;

(iv) the occupation, financial status, academic ability, skills or aptitude of a student's parents;

(v) a requirement that a student, or his or her parents, attend an interview, open day or other meeting as a condition of admission, other than in the case of admission to the residential element of a boarding school or to a course known as a post leaving certificate course;

(vi) subject to subsection (9), a student's connection to the school by virtue of a member of his or her family attending or having previously attended the school,

(vii) subject to the application being received at any time during the period specified for receiving applications set out in the annual admission notice of the school for the school year concerned or, where appropriate, at any time during the period as otherwise determined by the school in accordance with this Act or regulations made under this Act and subject to subsection (10), the date on which an application for admission was received by the school,

(f) set out the manner and sequence in which the selection criteria will be applied, including the arrangements that shall apply in cases where 2 or more students are tied for a place or places in the school,

(g) provide, where a school is oversubscribed, that any selection criteria that are not included in the admission policy of the school shall not be taken into account in determining whether or not a student is admitted to the school,

(h) provide, where a school is oversubscribed, that in making a decision on an application for admission, only the information provided in the application received before the closing date set out in the annual admission notice of the school or, where appropriate, the date as otherwise determined by the school in accordance with this Act or regulations made under this Act, may be taken into account in determining whether or not a student is admitted to the school,

(i) provide, where a school is oversubscribed, that the school shall compile a waiting list of students whose applications for the intake group were unsuccessful due to the school being oversubscribed, which shall remain valid for the school year in which admission is being sought subject to—

(i) the school placing students on the list in accordance with the order of priority assigned to the students’ applications, after the school has applied the selection criteria in accordance with its admission policy, and

(ii) the school offering any further school places that become available for and during the school year in relation to which admission is being sought to those students on the waiting list, in accordance with the order of priority in relation to which the students have been placed on the list,

(j) provide that, in accepting an offer of admission, an applicant shall indicate—

(i) if he or she has accepted an offer of admission for another school or schools and where the applicant has so accepted, he or she shall provide details of the offer or offers concerned, and

(ii) if he or she has applied for and is awaiting confirmation of an offer of admission from another school or schools, he or she shall provide details of the other school or schools concerned,

(k) provide that where a student has not been offered admission, the reasons that he or she was not offered admission shall be provided in writing to the applicant including, where applicable, details of why the student failed to meet the selection criteria and details of the student’s position on the waiting list,

(l) provide that an offer of admission may not be made or may be withdrawn where—

(i) it is established that the application is fraudulent or intentionally misleading,

(ii) an applicant fails to confirm acceptance of an offer of admission on or before the date set out in the annual admission notice of the school or, where appropriate, the date as otherwise determined by the school in accordance with this Act or regulations made under this Act,

(iii) the parent of a student, when required by the principal in accordance with section 23(4) of the Education (Welfare) Act 2000, fails to confirm in writing that the code of behaviour of the school is acceptable to him or her and that he or she shall make all reasonable efforts to ensure compliance with such code by the student, or

(iv) the applicant has not complied with paragraph (j),

(m) provide that an applicant may request the board to review a decision to refuse admission and that a decision to refuse admission may be appealed in accordance with section 29(1)(c)(i) or (ii),

(n) provide details of the school’s arrangements in respect of any student, where the parent of that student, or in the case of a student who has reached the age of 18 years, the student, has requested that the student attend the school without attending religious instruction at the school,

(o) be consistent with any agreement in relation to the provision of infrastructure or funding to the school made between the Minister and the school,

(p) include a declaration that the board or person acting on its behalf shall not, except in accordance with section 64, charge fees for or seek payment or contributions (howsoever described) as a condition of—

(i) an application for admission of a student to the school, or

(ii) the admission or continued attendance of a student in the school,

(q) set out procedures and criteria for the admission of students who are not already admitted to the school—

(i) to classes or years other than the school’s intake group, and

(ii) after the commencement of the school year in relation to which admission is sought including, where appropriate, in accordance with paragraph (i),

and

(r) contain such additional information as may be prescribed in regulations under section 65.

(8) Subsection (7)(e)(iii) shall not, insofar only as determining the student’s academic ability, skills or aptitude is necessary in order to ascertain whether or not the student has the category of special educational needs concerned, apply to the admission of students to—

(a) a school approved by the Minister to provide an education exclusively for students with a specified category or categories of special educational needs, or

(b) a special class.

(9) Subsection (7)(e)(vi) shall not apply to selection criteria based on a student’s connection to the school by virtue of—

(a) a sibling of the student concerned attending or having attended the school, or

(b) a parent or grandparent of the student concerned having previously attended the school, provided the maximum number of places filled pursuant to that criterion does not exceed 25 per cent of the available places as set out in the school’s annual admission notice for the school year concerned.

(10) (a) Notwithstanding subsection (7)(e)(vii), a school may apply a selection criterion based on the date on which an application for admission or an expression of interest in applying for admission was received by the school where, prior to the coming into operation of this subsection the school had confirmed, in writing, to the person who made the application or expression of interest that the name of the child in respect of whom the application or expression of interest had been made had been placed on a list maintained by the school for the purpose of allocating school places in the school year concerned.

(b) Paragraph (a) shall cease to have effect 5 years after it comes into operation.

(11) In this section 'code of behaviour' has the same meaning as it has in the Education (Welfare) Act 2000.".

It should be borne in mind that I will revert on Report Stage in respect of the past pupils provision in the light of the discussion that we had.