Catherine Murphy (Kildare North, Independent)
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Question 402: To ask the Minister for Education and Science the number of pupils seeking school places in Kildare North who have failed to gain places in the school of choice; and the way in which she intends to deal with the second level needs of such pupils. [12793/05]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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My Department does not have details of the number of pupils who have failed to gain places in the school of choice except where the parents or guardians of a child appealed a schools decision to the Secretary General of my Department.

Responsibility for ensuring that a child progresses from primary to post-primary education rests in the main with the child's parents. Under section 17 of the Education (Welfare) Act 2000, parents are responsible for ensuring that their children attend a recognised school or otherwise receive an appropriate minimum education. The Education Welfare Board is required to assist parents who are experiencing difficulty in ensuring that their children attend school regularly and will also assist schools in fulfilling their role under the Act. Through its educational welfare officers, the board provides a welfare focused service that is accessible to parents, school and others concerned with the welfare of young people.

The selection and enrolment of pupils in second level schools is the responsibility of the management authorities. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking second level places in an area. This may result, however, 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. My Department has agreed the application of fair and objective entrance criteria for entry to second level schools with the three post-primary managerial associations.

Section 29 of the Education Act 1998 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 of a student. Where an appeal under section 29 is upheld, the Secretary General of my Department may direct a school to enrol a pupil. There have been two appeals to date to the Secretary General of my Department against the decision of schools in County Kildare to refuse enrolment to applicants for the 2005-06 school year. One of the appeals was upheld and the Secretary General of my Department has directed the school to enrol the pupil. In the other instance the school offered a place to the pupil while the appeal was at the facilitation stage of the section 29 appeal process.

All applications for capital funding from schools in the area to which the Deputy refers are being considered as part of a review of all projects, which did not proceed to construction as part of the 2004 school building programme. Under this review, all projects are being assessed against the published prioritisation criteria, which were revised last year following consultation with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

In addition, in 2004 a new school planning model involving published draft area development plans was piloted in five areas. Included in the pilot scheme is the area around the N4-M4 from Leixlip to Kilbeggan. Included in this are the areas referred to by the Deputy. The purpose of this new approach to school planning is to ensure that, in future, the provision of school infrastructure will be decided only after a transparent consultation process. In this regard, parents, trustees, sponsors of prospective new schools and all interested parties in the locality will have the opportunity to have their voices heard in the process.

The commission on school accommodation recently completed the public consultation process on the draft area development plan for the N4-M4 area and it will complete its report as soon as possible. Applications for capital funding from schools in this area will continue to be processed under the review mentioned above. When the commission's report becomes available, the appropriate adjustments will be made where necessary.