Seán Haughey (Dublin North Central, Fianna Fail)

I welcome this opportunity to outline to the House my Department's position regarding school transport to Cloverhill national school, County Roscommon. By way of general comment, I should explain that one of the main objectives of the school transport scheme is to provide a basic level of service for pupils who live long distances from school and who might otherwise experience difficulty in attending regularly. In order to be eligible for transport under the terms of the primary school transport scheme, pupils must reside 3.2 km or more from, and be attending, their nearest national school, as determined by the Department. While it is the prerogative of parents to send their children to the school of their choice, it is not the objective of the school transport scheme to facilitate that choice.

In August 2008, the Deputy informed my Department that a particular constituent was seeking the provision of school transport for her son to Cloverhill national school due to the lack of capacity in the local schools. The Department referred the case to Bus Éireann, which operates the school transport scheme, to establish whether the pupil met the criteria for eligibility on distance grounds. According to Bus Éireann, the child resides 1.4 km from the nearest school and 7.1 km from Cloverhill national school. The child is, therefore, not eligible for transport. Bus Éireann further advised that there is no service to either school from the area. The Department has already informed the Deputy that there is no provision in the school transport scheme to provide transport in the circumstances outlined by him.

While it is understood from the Deputy that school transport is required to Cloverhill national school due to capacity issues in the school nearest to the child's place of residence, the question of enrolment in individual schools is the responsibility of the managerial authority of those schools. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking places. This may result, however, in some pupils not obtaining a place in the school of their first choice.

It is the responsibility of the managerial authorities of schools to implement an enrolment policy in accordance with the Education Act. In this regard, a board of management may find it necessary to restrict enrolment to children from a particular area or a particular age group, or occasionally on the basis of some other criterion. 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.

Under section 15(2)(d) of the Education Act 1998, each school is legally obliged to disclose its enrolment policy and to ensure, as regards that policy, that principles of equality and the right of parents to send their children to a school of the parents' choice are respected. Section 29 of that Act provides parents with an appeal process where a board of management of a school or a person acting on behalf of the board refuses enrolment to a student. Where a school refuses to enrol a pupil, the school is obliged to inform parents of their right under section 29 of the Act to appeal that decision to the Secretary General of the Department of Education and Science. Following the determination of any such appeal, and in the event of the child being unable to secure an enrolment at the local school, the Department may review the procedures regarding the provision of school transport.

I thank the Deputy again for giving me this opportunity to explain the position to the House.

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