Catherine Murphy (Kildare North, Social Democrats)
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946. To ask the Minister for Education and Skills if schools are permitted to set admission criteria which include age ranges at the commencement of the school cycle in cases in which the school has pupils attending up to much older ages as they advance through the school; the procedure regarding pupils that need to join a school mid-stream; the barriers in relation to admission mid-stream; and if she will make a statement on the matter. [15792/21]

James Lawless (Kildare North, Fianna Fail)
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949. To ask the Minister for Education and Skills if schools are permitted to set admission criteria which include age ranges at the commencement of school cycle (details supplied); her views on whether this is a form of restriction on pupils joining the school mid-stream; her further views on whether same is in keeping with relevant policies; and if she will make a statement on the matter. [15814/21]

Norma Foley (Kerry, Fianna Fail)
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I propose to take Questions Nos. 946 and 949 together.

In relation to school admissions, it is the responsibility of the managerial authorities of all schools to implement an enrolment policy in accordance with the Education Act, 1998 and the Education (Admission to Schools) Act 2018. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in that area.

Under the provisions of the Education (Admission to Schools) Act 2018, all schools are required to have drafted new admissions policies, which have been approved by the patron, following consultation with staff and parents of children who are attending the school.  The newly revised school’s admissions policy is published on the schools website. It is a key requirement of the act that all school admission policies are fair and transparent. The admissions policy must include the procedures for admission of students who are not already admitted to the school for years other than the intake year, and for admission after the start of the school year for which admission is sought.

Parents have the right to choose which school to apply to and where the school has places available for the relevant year, the pupil should be admitted. This is a requirement for the intake group, any group other than the intake group and for applications after the commencement of the school year.

However, in schools where there are more applicants than places available, a selection process will 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. However, this may result in some pupils not obtaining a place in the school of their first choice.

The act requires schools to clearly set out their selection criteria in their admission policies. Schools have discretion in relation to their admission criteria and how they are applied. The criteria to be applied by schools and the order of priority are a matter for the schools themselves. Schools can use age as a selection criterion should they wish to do so. It is an important feature of the act that schools can only make a decision on an application for admission that is based on the schools admission policy.