Michael McGrath (Cork South Central, Fianna Fail)
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Question 541: To ask the Minister for Education and Science if enrolment policy at primary schools is a matter for each individual school or if is set out by her Department; if there are defined geographical catchment areas for each school; and if schools must give enrolment priority to children living within the school's catchment area. [31071/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Section 15(2)(d) of the Education Act 1998 requires the Board of Management to publish the policy of the school concerning the admission to and participation in the school. The schools enrolment policy should have the prior approval of the Patron.

In summary, Section 15, subsection (2) of the Education Act states that:

"A board shall . . . publish, in such a manner as the board with the agreement of the patron considers appropriate, the policy of the school concerning admission to and participation in the school, including the policy of the school relating to the expulsion and suspension of students and admission to and participation by students with disabilities or who have other special educational needs, and ensure that . . . the right of parents to send their children to a school of the parents' choice are respected".

The compulsory school starting age in a National School is 6 years of age. 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. 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 (as amended by Section 50 of the Equality Act, 2004).

The Board of Management of a school is also obliged under section 19(3) of the Educational Welfare Act 2000 to make a decision in writing in respect of an application for enrolment within 21 days and to inform the parents in writing of that decision.

Where a Board of Management refuses to enrol a student in a school, the parent of the student or, where the student has reached 18 years of age, the student himself or herself, following the conclusion of any appeal procedures at school level, has a statutory entitlement under section 29 of the Education Act (as amended by Section 4 of the Education (Miscellaneous Provisions) Act 2007, to appeal that decision to the Secretary General of my Department. A committee is established to hear the appeal with hearings conducted with a minimum of formality. In most cases appeals must be dealt with within 30 days. Where appropriate, the Secretary General may give whatever directions to the Board of Management that are considered necessary to remedy the matter complained of.

Details on appealing decisions on enrolment under section 29 of the Education Act (as amended by Section 4 of the Education (Miscellaneous Provisions) Act, 2007), are available on my Department's website at www.education.ie.