Michael McGrath (Cork South Central, Fianna Fail)
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181. To ask the Minister for Education and Skills if the NCSE is now able to instruct a school at second level to provide a place for a child with special needs if the NCSE is of the view that the school in question is the most appropriate environment for the child; and if he will make a statement on the matter. [37194/18]

Richard Bruton (Dublin Bay North, Fine Gael)
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The Education (Admission to Schools) Act 2018 was passed by the Oireachtas on 10 July 2018 and signed by the President on 18 July 2018.

When commenced, the Education (Admission to Schools) Act 2018, should make it easier for parents to more easily access local schools and to enrol their children in a school that meets their needs. The Act will require schools to be fair and transparent in deciding how to prioritise children for admission to the school.

Among the measures included in the Act are measures to:

- Address a situation where a child (with special educational needs or otherwise) cannot find a school place, by providing for the National Council for Special Education or Tusla (Child and Family Agency) to designate a school place for the child.

- Provide, following a process of consultation, a power for the Minister to direct a school to make additional provision in respect of children with special educational needs (i.e. open a special class or classes), where the National Council for Special Education has identified a need for such provision within an area.

In relation to commencement of the various sections of the Act my Department has sought the advice of the Office of the Attorney General (AGO) in respect of which sections can be commenced immediately. Other sections will require regulations and procedures to be drafted following consultation with the Education Partners before they can be commenced.

The commencement of the Act remains a priority and I will consider which sections of the Act can be commenced and appropriate timelines, following advice from the AGO in this regard.