Liam Twomey (Wexford, Fine Gael)
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Question 242: To ask the Minister for Education and Science if a school can refuse admission to a student who is in the school's catchment area but where an older sibling did not attend the school; and if she will make a statement on the matter. [7828/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The selection and enrolment of pupils in second level schools is the responsibility of the school management authorities. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking second level places in an area. However, this may result in some pupils not obtaining a place in the school of their first choice. As schools may not have a place for every applicant, a selection process may be necessary. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants.

Under section 15(2)(d) of the Education Act 1998, each school is legally obliged to disclose its enrolment policy and to ensure that principles of equality and the right of parents to send their children to a school of the parents choice are respected. 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. Where a school refuses to enrol a pupil, it is obliged to inform parents of their right under section 29 of Education Act 1998 to appeal that decision to the Secretary General of my Department. Only where an appeal under section 29 is upheld can the Secretary General direct a school to enrol a pupil.

The National Educational Welfare Board, NEWB, is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The NEWB can be contacted at National Educational Welfare Board, National Headquarters, 16-22 Green Street, Dublin 7, or by telephone at 01-8738700.