Catherine Murphy (Kildare North, Independent)
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Question 90: To ask the Minister for Education and Science the average age at which infants enter primary school for the first time in each county; the number of schools which operate age restrictive enrolment policies at present preventing children under five from being enrolled; and if she will make a statement on the matter. [13467/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The attachment which accompanies this response gives a detailed breakdown on a county by county basis of the average age at which infants entered primary school for the first time in the 2004-05 school year. The national average age at which infants entered primary school for the first time in that year was 4.6 years. The compulsory school starting age in a national school is six years of age and rule 64(1) of the rules for national schools provides that a child must be at least four years of age before she or he may be enrolled in a national school. Children of compulsory school-going age must have a place in a national school and there are more than enough places available overall.

Enrolment in individual schools is the responsibility of the managerial authority of those schools and my Department does not seek to intervene in decisions made by schools in such matters. My Department does not require individual schools to provide details of enrolment criterion and therefore it does not hold details of the number of schools which operate age-restrictive enrolment policies. 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 that are not in a position to admit all pupils seeking entry to implement an enrolment policy in accordance with the Education Act 1998. 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. However, in formulating an admissions policy a school must ensure it is lawful. It must act in accordance with section 7 of the Equal Status Act 2000 which, subject to very limited exceptions, prohibits schools from discriminating against people on a number of matters including the admission or the terms or conditions of admission of a person as a student to the school.

Where a board of management refuses to enrol a student in a school, the parent of the student, following the conclusion of any appeal procedures at school level, has a statutory entitlement under section 29 of the Education Act 1998 to appeal that decision to the Secretary General of the Department of Education and Science. A committee is established to hear the appeal with hearings conducted with a minimum of formality. In most cases appeals must be dealt with in 30 days. Where appropriate, the Secretary General may give whatever directions to the board of management that are considered necessary to remedy the matter which is the subject of the complaint.