Bernard Durkan (Kildare North, Fine Gael)
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Question 406: To ask the Minister for Education and Science when primary school placements will be offered to persons (details supplied) in County Kildare; and if she will make a statement on the matter. [22723/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The compulsory school starting age in a National School is 6 years of age and Rule 64 (1) of the Rules for National Schools provides that a child must be at least 4 years of age before she/he may be enrolled in a National School. Children of compulsory school-going age must have a place in a National School and overall there are more than enough places available.

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'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. In this regard 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.

Where a board of management refuses to enrol a student in a school the parent of the student or, where the student has reached 18 years of age, the student themselves, 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.

Under the appeal process, a committee is established to hear the appeal. Oral hearings are conducted with a minimum of formality. In most cases appeals must be dealt within 30 days. Where appropriate, the Secretary General may give whatever directions to the board of management that are considered necessary to remedy the matter complained of.