Fergus O'Dowd (Louth, Fine Gael)
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Question 964: To ask the Minister for Education and Science the criteria that apply for new entrants to a school (details supplied) in County Louth; the number of children refused places for the new school year; if extra accommodation will be provided as a matter of urgency for them; if not, the reason for same; and if she will make a statement on the matter. [15357/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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It is open to any school authority to apply to the Department for additional accommodation to meet its developing needs. I can confirm to the Deputy that no such application has been received from the school to which he refers.

Otherwise, 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.