Jim O'Keeffe (Cork South West, Fine Gael)
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Question 53: To ask the Minister for Education and Science if she is satisfied that the admissions policy employed by secondary schools is fully compliant with all of the requirements under existing Irish legislation; and if she will make a statement on the matter. [28288/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The Education Act 1998 requires all schools to have in place an admissions policy, detailing admission to and participation by students, including those with special needs, in the school. An agreement was reached in 1993 between the Department and the national representatives of the managerial associations regarding selection of pupils on the basis of academic ability. While school enrolment policy is a matter for the managerial authorities of each individual school, it was agreed that selection on the basis of academic ability was to be discontinued. It was also agreed that each school should disclose its enrolment policy and the criteria used in selecting pupils for enrolment.

It was accepted that where schools receive more enrolment applications than they can cater for, a selection procedure is necessary. Schools adopt different selection procedures in such cases, for example, priority given to pupils from national schools in the area; enrolment on a first-come, first-served basis; random selection on the basis of age of applicants; priority given to brothers and sisters of pupils already enrolled in the school; and to pupils of a particular religious denomination. While enrolment procedures such as those are broadly acceptable, all the parties to the agreement emphasised the importance which they attach to the principle of the school working in and for the community it serves. On that basis, post-primary schools should emphasise catering, in the first instance, for children from their own communities and catchment areas. In formulating its admissions policy a school must ensure it is lawful. In particular, it must act in accordance with section 7 of the Equal Status Act 2000.

My Department has issued an information booklet to schools entitled Schools and the Equal Status Acts. The booklet identifies ways in which the rights conferred and the duties imposed by this legislation, together with the education legislation can be used as building blocks for the creation of an inclusive school. Section 29 of the Education Act 1998 allows the parents of a student who has been refused enrolment in a school to appeal that decision to the Secretary General of the Department. Where an appeal is upheld the Secretary General is empowered to direct the school to enrol the student. When considering an appeal of a decision of refusal to enrol, the appeals committee may consider the admissions policy of the school and on occasion an appeals committee has advised a school in its determination to revisit its admissions policy. The determination of an appeals committee is issued to all the parties to an appeal.

Jim O'Keeffe (Cork South West, Fine Gael)
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Over a year ago the Minister announced that she was conducting an audit of admissions policies particularly in respect of newcomer families and those with special needs. When will that audit be published? Following the audit, is the Minister satisfied with enrolment policies? Does she intend to bring forward any new policy proposals in respect of admissions?

Brian Hayes (Dublin South West, Fine Gael)
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Are not some schools very selective in the way they decide not to take in children with special needs? I agree with what the Minister said on this subject last year but we need to do something about it and ensure there is a rigorous process making clear that this kind of activity is unacceptable. Is the Minister aware that it is also the policy of some secondary schools to require children in an existing primary school to leave that school and go into a private primary school before admission to their school? A range of these issues needs sorting out and we need clear answers from the Minister.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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An audit was conducted of approximately 50% of schools examining the treatment of those with special needs, Travellers, newcomers etc. I am not inclined to publish it because that might give rise to league tables in certain areas which would pressurise the schools that take a significant number of children with special needs. Publishing results for an area could give the impression that a particular school took only children with special needs which would be unfair to the school. It does however provide me with valuable information for determining the future policy direction. I do not have the final statistics but the preliminary results show that some schools are taking more than their share of children with special needs. Giving resources to the schools helps to smooth that difference.

Enda Kenny (Mayo, Fine Gael)
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They are carrying children up the stairs in the school in Ballina.