Finian McGrath (Dublin North Central, Independent)
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Question 84: To ask the Minister for Education and Skills the reason pupils attending a school (details supplied) in Dublin 9 are not allowed to attend the local secondary school next door; and if he will assist these pupils and their families as a matter of urgency. [33809/11]

Ruairi Quinn (Dublin South East, Labour)
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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, expels a student or suspends a student for 20 or more days in any school year. 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 parents/guardians of the pupils in question may wish to contact my Department at the Section 29 Unit Friars Mill Road, Mullingar, Co. Westmeath, (phone 044 9337008) if they wish to take an appeal under section 29 of the Education Act, 1998.

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 may be able to offer assistance and advice on securing a school placement within the pupil's area. The contact details for the NEWB in your area is National Educational Welfare Board, Block 3 Floor 1, Grove Court, Blanchardstown, Dublin 15, phone number 01-8103260.