Paul Connaughton Snr (Galway East, Fine Gael)
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Question 267: To ask the Minister for Education and Science the reason a person (details supplied) in County Galway has not been admitted to a school; if the services available at this school meet the necessary educational, psychological and social requirements of the person; and if she will make a statement on the matter. [18617/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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An appeal under section 29 of the Education Act 1998 has been submitted to my Department on behalf of the person referred to by the Deputy. 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 to a student. An appeal under section 29 must be dealt with within a maximum of 44 days of its receipt in my Department.

The appeal referred to by the Deputy was admitted on 2nd May and is currently in progress. The appeal procedures operated by my Department provide an opportunity in the first instance for both parties to reach an accommodation at local level. Should an accommodation not be reached, my Department will appoint a facilitator with a view to reaching agreement between the parties. If facilitation fails, an appeal is referred for hearing to an Appeals Committee.

The National Council for Special Education (NCSE), which became operational on 1 January 2005, now processes applications from schools for special educational needs supports and decides on the level of support appropriate to the school. Details of the appeal have been referred to the NCSE to facilitate the direct involvement of the Special Educational Needs Organiser in this regard. In the event that the parties are unable to reach a prior agreement, an appeal hearing has been set for the 14th June. As appeals under section 29 of the Education Act are determined by an independent appeals committee, it would not be appropriate for me to offer any further comment at this time.