Seán Fleming (Laois-Offaly, Fianna Fail)
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Question 65: To ask the Minister for Education and Science his position in relation to a child (details supplied) born in a marriage in which one of the parents has joint and equal guardianship and custody and this parent has not given consent for their child to be enrolled in a particular school and the child has been enrolled without the signature of the said parent; his views and guidelines to schools on these matters; and if he will make a statement on the matter. [14793/09]

Batt O'Keeffe (Cork North West, Fianna Fail)
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The selection and enrolment of pupils in schools is the responsibility of the authorities of the individual school. Under section 15 (2) (d) of the Education Act 1998, each school is legally obliged to disclose its enrolment policy and to ensure that as regards that policy that principles of equality and the right of parents to send their children to a school of the parents choice are respected.

Article 42 of the Constitution provides for the right of parents to choose the form of education they provide or to have provided to their children. Primary legislation gives effect to this right and includes the Education Act 1998 and the Education (Welfare) Act 2000.

None of the foregoing legislation specifically distinguishes between parents who act in concert and those who disagree and are separated, divorced or unmarried. However each provides that "parent" shall be interpreted to include "a foster parent, a guardian appointed under the Guardianship of Children Acts, 1964 to 1997, or other person acting in loco parentis who has a child in his or her care subject to any statutory power or order of a court and, in the case of a child who has been adopted under the Adoption Acts, 1952 to 1998, or, where the child has been adopted outside the State, means the adopter or adopters or the surviving adopter".

My Department has not issued guidelines to schools in relation to school enrolment policies. Enrolment of children is, in the first instance, a matter for Boards of Management rather than my Department and Boards must address the circumstances of each case while respecting any order made by the Court in relation to the custody and welfare of the child.