Duncan Smith (Dublin Fingal, Labour)
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149. To ask the Minister for Education and Skills if a placement will be secured for a person (details supplied) at a school. [24737/21]

Norma Foley (Kerry, Fianna Fail)
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It is the responsibility of my Department to ensure that schools in an area can, between them, cater for all pupils seeking school places in an area. Parents/guardians can choose which school to apply to and where the school has places available the pupil should be admitted.

It is the responsibility of the managerial authorities of all schools to draft, publish and implement a school admission policy in accordance with the Education Acts 1998 to 2018. In schools where there are more applicants than places available a selection process may be necessary. This may result in some pupils not obtaining a place in their school of first choice.

The Education (Admission to Schools) Act 2018 provided for changes to the school admissions process which aim to give parents greater confidence that school admissions process are fair and transparent and provides that schools are legally required to accept all applicants where they have places.

The admission policy, including the selection criteria to be used where the school is oversubscribed, must comply with the Education Acts 1998 to 2018, be non-discriminatory and be applied fairly in respect of all applicants.

Where a board of management make a decision to refuse admission, a parent/guardian can appeal that decision under section 29 of the Education Act, 1998, and an independent appeals committee will be appointed to consider the appeal. A section 29 appeal must be made no later than 63 calendar days from the date of the school’s decision to refuse admission.

This Department has no authority to compel a school to admit a student, except in circumstances where an appeal under section 29 of the Education Act, 1998 has been allowed and the appeals committee directs that the school admit the child concerned.

Full details on the section 29 appeals process are available on my Department’s website at the link below:

www.education.ie/en/Parents/Services/Appeal-against-Permanent-Exclusion-Suspension-or-Refusal-to-Enrol/Appeals.html.

In addition, Tusla Education Support Services (TESS) the Educational Welfare Service is the legal body which can assist parents who are experiencing difficulty in securing a school placement for their child.