Paul McGrath (Westmeath, Fine Gael)
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Question 165: To ask the Minister for Education and Science the way in which a person (details supplied) in County Westmeath is expected to enrol for a place in second level school for September 2004 when they have been refused enrolment at a number of schools; and if he will make a statement on the matter. [12526/04]

Noel Dempsey (Meath, Fianna Fail)
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The selection and enrolment of pupils in second level schools is the responsibility of the school management authorities. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils in that area who seek second level places. This may result in some pupils not obtaining a place in the school of their first choice. As schools may not have a place for every applicant, a selection process may be necessary. If a school refuses to enrol a pupil, it is obliged to inform parents of their right, under section 29 of the Education Act 1998, to appeal that decision to the Secretary General of my Department. The section in question provides parents with an appeals process, if a board of management of a school or a person acting on behalf of the board refuses to enrol a student.

An appeal will not be admitted, generally, if it has not been made within 42 calendar days of the date on which the board of management's decision was notified to the parent or student concerned. A longer period for making appeals may be allowed as an exception if it is accepted that circumstances did not permit the making of an appeal within the 42-day limit. The Secretary General of my Department may direct a school to enrol a pupil if an appeal under section 29 is upheld. My Department will contact the parents of the child referred to by the Deputy to advise them on the appeals procedures. Under the Education (Welfare) Act 2000, the primary function of the education welfare board is to ensure that each child attends a recognised school or otherwise receives an appropriate education. The board provides a welfare-focused service, through its educational welfare officers, that is accessible to parents, schools and others concerned with the educational welfare of young people.