Joan Burton (Dublin West, Labour)
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Question 882: To ask the Minister for Education and Science the position of a number of children who meet all the criteria of living locally and have siblings in the school but have been refused a place in a school (details supplied) in Dublin 15; the action she will take in view of the fact that there have been repeated requests for additional accommodation, particularly the gym which has not been supplied by her Department; and if she will make a statement on the matter. [14847/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Enrolment in individual schools is the responsibility of the managerial authority of those schools and the Department does not seek to intervene in decisions made by schools in such matters. The 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 which, subject to very limited exceptions, prohibits schools from discriminating against people in relation to a number of matters including the admission of a pupil to the school.

Currently, under Section 29 of the Education Act 1998, parents of a student who has been refused enrolment in a school may appeal that decision to the Secretary General of this Department. Such appeals are dealt with within 30 days of their receipt and where an appeal is upheld the Secretary General is empowered to direct the school to enrol the student. Otherwise, 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.

Officials in the School Planning Section of the Department have carried out a survey of the number of children who will leave primary school in the area concerned in June 2007. This survey indicates that there will be a total of 1,018 children seeking first year places in 2007/08 as compared with 897 in 2006/07. Given that there is spare capacity at two post primary schools in the Dublin 15 area, I am satisfied that there are sufficient places to cater for current demand, even though every pupil may not secure a place in the school of first choice.

With regard to the provision of a PE Hall for the school referred to by the Deputy, I am pleased to be able to inform the Deputy that the Department has given approval for this project to proceed.