Bernard Durkan (Kildare North, Fine Gael)
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Question 590: To ask the Tánaiste and Minister for Education and Skills further to Parliamentary Question No. 188 of 16 June 2010, when will a direct, specific and comprehensive reply relating to the child in question be provided; if her attention has been drawn to the considerable stress and pressure that this family is under; and if she will make a statement on the matter. [28048/10]

Mary Coughlan (Donegal South West, Fianna Fail)
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I refer the Deputy to my earlier answer to parliamentary question number 188 of 16 June 2010 for an explanation of the how the procedures for school placements operate under the Education Act 1998 and the Education (Welfare) Act 2000.

Under the Education (Welfare) Act the National Education Welfare Board (NEWB) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The Educational Welfare Officer (EWO) an officer of the NEWB for the parent's home area is aware of this case and is currently working with the parents to obtain a school place for their child. I understand from recent communications which officials of my Department have had with the local EWO that the parents have recently applied to a post-primary school in Co. Kildare and the school concerned is currently considering their application.

My Department operates two different schemes for home tuition. The first scheme is for children with special educational needs or with a medical condition who are without a school place. The records of my Department show that the parents applied both in 2008/09 and 2009/10 for Home Tuition for their child under the terms of this scheme. These applications were refused as there was a school place available for the child. The parents separately applied under this scheme to have home tuition extended for the month of July. This application was refused as the parents still had the offer of a school place. It is open to the parents to appeal this decision to my Department.

In November, 2008 the parents were granted home tuition of 9 hours per week under the second home tuition scheme which operates as a temporary interim compensatory educational measure for children as they had commenced an appeal under Section 29 of the Education Act against another school who had refused enrolment for their child. Originally this home tuition sanction was extended to cover a period where court proceedings taken in connection with this appeal were before the courts. The sanction was further extended while the parents took a second appeal against a different school. Both appeals were unsuccessful. My Department was then informed that the parents had obtained a school place in Co. Leitrim for their child and would be taking this up in 2010/11. In light of this and the period for which the child was out of school home tuition of 9 hours per week was extended to the end of the current school year on an exceptional basis to facilitate resolution of the case.

Bernard Durkan (Kildare North, Fine Gael)
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Question 591: To ask the Tánaiste and Minister for Education and Skills the procedure to be followed by the parents of a child (details supplied) in the event of their failure to secure a second level place for him; and if she will make a statement on the matter. [28049/10]

Mary Coughlan (Donegal South 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. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in an area. However, this may result in some pupils not obtaining a place in the school of their first choice. As schools may not have a place for every applicant, a selection process may be necessary. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants.

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. Section 29 of the Education Act 1998 provides for an appeal by a parent or guardian to the Secretary General of my Department, or in the case of a Vocational Educational Committee (VEC) school to the VEC in the first instance, where a Board of Management of a school, or a person acting on behalf of the Board, refuses to enrol a student in a school. My Department has no authority to compel a school to admit a pupil, except in the case of an appeal under Section 29 of the Education Act, 1998 being upheld.

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 National Educational Welfare Board will be able to offer assistance and advice on securing a school placement. Where a child is without a school placement, their parents or guardians may apply to my Department for Home Tuition to assist in providing for their child's education, as an interim measure, pending the sourcing of a school place.