Brian Hayes (Dublin South West, Fine Gael)
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Question 187: To ask the Minister for Education and Science if he is aware that some fee paying post-primary schools require that before a child enters the school, they attend the fee paying primary school; if such a practice is legal in terms of the relevant admission policy; if his further attention has been drawn to the pressure this practice puts on existing primary schools which see a reduction in the number of pupils who leave to enter fee paying primary schools as a means of gaining admission to the relevant post-primary schools; and if he will make a statement on the matter. [25377/09]

Batt O'Keeffe (Cork North West, 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.

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 student. Where a school refuses to enrol a pupil, the school is obliged to inform parents of their right under Section 29 of the Education Act 1998 to appeal that decision to either the relevant Vocational Educational Committee or to the Secretary General of my Department. In the case of the latter, only where an appeal under Section 29 is upheld can the Secretary General of my Department direct a school to enrol a pupil.

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 NEWB advises parents to apply to more than one school in order to assist in securing a school placement. The Board can be contacted at National Educational Welfare Board, National Headquarters, 16-22 Green Street, Dublin 7 or by telephone at 01-8738700.