Emmet Stagg (Kildare North, Labour)
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Question 426: To ask the Minister for Education and Science if she has been informed that 17 male pupils from a school (details supplied) in County Kildare have failed to get first year second level places in September 2008 in any of the schools in Naas, Clane or Newbridge; the action she will take to ensure that places are provided for them; and if she will make a statement on the matter. [10512/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The Department understands that there is sufficient capacity at post primary level in the Naas, Clane and Newbridge areas. 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.