Jack Wall (Kildare South, Labour)
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Question 236: To ask the Minister for Education and Science the procedure available to parents seeking school places for their children; the timescale in regard to such a request; her views on parents applications for school places in preferred areas; and if she will make a statement on the matter. [35996/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The compulsory school starting age in a National School is 6 years of age. 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. In formulating an admissions policy a school must, however, ensure it is lawful. In particular, it must act in accordance with section 7 of the Equal Status Act 2000.

It is open to all schools to apply for extra temporary accommodation to meet the immediate need for places at junior infant level or for older children. Such applications are invariably granted but of course schools need to make sure that they apply for extra accommodation in time.

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 himself or herself, following the conclusion of any appeal procedures at school level, has a statutory entitlement under section 29 of the Education Act 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 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.

Details on appealing decisions on enrolment under section 29 of the Education Act are available on my Department's website at www.education.ie.