Jonathan O'Brien (Cork North Central, Sinn Fein)
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333. To ask the Minister for Education and Skills his plans to commence section 10 of the Education for Persons with Special Educational Needs Act 2004, while extending the provision to address the situation of any child left without a school place for whatever reason. [46717/13]

Ruairi Quinn (Dublin South East, Labour)
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As the Deputy will be aware, I recently published a draft General Scheme for an Education (Admission to Schools) Bill, 2013 as well as draft regulations for discussion ahead of enacting legislation. I have referred the draft General Scheme and draft regulations to the Oireachtas Joint Committee on Education and Social Protection, to allow a full public discussion of the proposed legislative framework, including inputs from parents and the education partners.

The draft General Scheme includes proposals in relation to the provisions contained in section 10 of the Education for Persons with Special Educational Needs Act, 2004.

The Joint Committee issued an invitation to interested individuals and groups for submissions on the Draft General Scheme of an Education (Admission to Schools) Bill 2013. The Joint Committee's closing date for receipt of same was Wednesday 31st October. Full details of this request are available on the Oireachtas website.

In the interim, it is the responsibility of the managerial authorities of all schools to implement an enrolment policy in accordance with the Education Act, 1998. 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. The criteria to be applied by schools in such circumstances are a matter for the schools themselves. 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 publish its enrolment policy.

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 Educational Training Board or to the Secretary General of my Department.

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 Board can be contacted at National Educational Welfare Board, National Headquarters, 16-22 Green Street, Dublin 7 or by telephone at 01-8738700.