Jonathan O'Brien (Cork North Central, Sinn Fein)
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141. To ask the Minister for Education and Skills if she or her Department have legal grounds to prevent a school closure or amalgamation; and the legal provision in which this is contained. [6169/15]

Jan O'Sullivan (Limerick City, Labour)
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The Deputy will be aware that the Education Act (1998) provides for a general statutory framework for the administration of the education system at first and second level. Individual institutions in the education sector have varying degrees of autonomy according to their status and statutory provisions.

The Act also provides for the right of schools to manage their own affairs in accordance with the Act and any charters, deeds, articles of management or other such instruments relating to their establishment or operation.. In accordance with Sections 8, 9, 10 and 11 of the Act, the Minister may designate a school or a proposed school on request by a patron or patrons to be a school recognised for purposes of the Act.

An amalgamation proposed by a Patron(s) of two or more schools involves the closure of the existing schools and the establishment of a new school. Accordingly, the recognition of the new school concerned for purposes of the Act is subject to the approval of the Minister. However where a Patron of a school advises the Department that it is no longer in a position to continue to operate a recognised school, the position is that such a decision to close the school concerned is a matter ultimately for the Patron.