Finian McGrath (Dublin North Central, Independent)
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Question 481: To ask the Minister for Education and Science the constitutional position for a pupil leaving primary school where there is no second level place for them; and if she will advise families in this situation. [36390/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Under Article 42 of the Constitution the State has a duty to provide for free primary education and to ensure that each child receives at least a certain minimum level of education. The State discharges the latter obligation through the establishment of the National Educational Welfare Board (NEWB).

Under the Education (Welfare) Act 2000, the NEWB has a function to advise and assist children and parents of children who are experiencing difficulties in attending school. The 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 the appointment of Educational Welfare Officers, the Board provides a welfare-focused service which is accessible to parents, school and others concerned with the welfare of young people.

My Department has no authority to compel a school to admit a pupil, except in the case of an appeal under Section 29 of the Education Act, 1998, against a refusal to enrol and where that appeal is upheld.

Section 29 of the Education Act 1998 provides for an appeal by a parent or guardian to the Secretary General of my Department where a Board of Management of a school or a person acting on behalf of the Board refuses to enrol a student in the school. An appeal will generally not be admitted unless it is made within 42 calendar days from the date the decision of the Board of Management was notified to the parent or student concerned. However, in the case of an appeal being lodged against a school that comes under the aegis of a Vocational Educational Committee, it is necessary that the initial appeal application is lodged with the VEC Committee in the first instance.

If the appeal is unsuccessful, or no appeal is brought, the NEWB must make all reasonable efforts to have the child enrolled in another school. If those efforts fail the Board, with the parents' and Department's consent, must make other appropriate arrangements to ensure that the child receives the minimum education to which he or she is constitutionally entitled.

The NEWB can be contacted at National Educational Welfare Board, National Headquarters, 16-22 Green Street, Dublin 7 or by telephone at 01-8738700.