Róisín Shortall (Dublin North West, Labour)
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Question 137: To ask the Minister for Education and Science if she will report on the case of a person (details supplied) in Dublin 11 who was excluded from school in September 2006 and the assessment that has taken place in relation to this child; the findings of that assessment; and the arrangements she is making to provide an education service for this child. [25909/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The Education (Welfare) Act, 2000 established the National Educational Welfare Board (NEWB) as the single national body with responsibility for school attendance. The Act provides a comprehensive framework promoting regular school attendance and tackling the problems of absenteeism and early school leaving. The general functions of the Board are to ensure that each child attends a recognised school or otherwise receives a certain minimum education.

Enrolment decisions are the responsibility of the Board of Management of each individual school. My Department has no role in relation to processing applications for enrolment by schools. 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 child. Where a school refuses to enrol a pupil, the school 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. It is only where an appeal under Section 29 is upheld that the Secretary General of my Department may direct a school to enrol a pupil.

An appeal under section 29 of the Education Act 1998 was heard in April 2007 in respect of a refusal by St. Canice's School to enrol the child referred to by the Deputy. The appeal was not upheld. I am informed that the National Educational Welfare Board are actively working on this case and that an assessment has been carried out on this child to ascertain an appropriate placement. The Board continues to work to find an appropriate school placement for this child. In the interim, home tuition has been sanctioned for the child pending provision of a suitable placement.