Finian McGrath (Dublin North Central, Independent)
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Question 370: To ask the Minister for Education and Science the situation regarding admission to second level schools; and the way families should deal with refusals even though their children attended the feeder primary school on the campus. [28549/07]

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 my Department does not seek to intervene in decisions made by schools in such matters. My 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. It is not unusual for some second-level schools to prioritise named feeder schools in their admissions policies. This often reflects long standing connections between certain schools.

However, in formulating an admissions policy a school must 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 my Department where an appeal is upheld the Secretary General is empowered to direct the school to enrol the student.

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 Welfare Board has indicated that it will treat children for whom an appeal under Section 29 has been unsuccessful as priority cases in offering such assistance. The NEWB can be contacted at National Educational Welfare Board, National Headquarters, 16-22 Green Street, Dublin 7 or by telephone at 01-8738700.