Paul Kehoe (Wexford, Fine Gael)
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249. To ask the Minister for Education and Skills the options available for a child (details supplied) who cannot find a second level school place having moved to a new area; and if she will make a statement on the matter. [2789/22]

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 admission policy, including the selection criterion 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.  The role of the section 29 hearing committee is to examine the application for enrolment and consider if it was correctly processed by the school, in accordance with the school’s Enrolment Policy. The section 29 appeals committee cannot consider matters that are not provided for within the school’s Enrolment Policy. If a parent / Guardian  consider that a school has erred in their processing of their enrolment application, a section 29 appeal committee can examine how the application was processed by the school and identify if the school did not follow its enrolment policy.  In cases where an error occurred the section 29 appeal committee will consider if the error had a material effect on the application. Where an error had a material effect on the enrolment application, the section 29 appeal committee can direct the school to enrol the student or adjust the students ranking on the waiting list.   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.

A section 29 appeal must be made no later than 63 calendar days from the date of the school’s decision to refuse admission.

It is important to note that if a student have been refused admission due to the school being oversubscribed, and the parent/ guardian  wish to appeal that decision the parent / Guardian  must firstly make a written request to the school seeking a review of the board of management’s decision.  This request for a review to the board of management is time bound and must be made within 21 calendar days from the date of the decision by the school to refuse admission to the student.

If the student  have been refused admission for a reason other than the school being oversubscribed, the parent / Guardian  may, but are not required to, request a review by the board of management within 21 calendar days from the date of the decision by the school to refuse admission to the child. 

Where the student has been refused admission for a reason other than the school being oversubscribed and do not choose to seek a review by the board of management the parent / Guardian  may make an appeal to an independent appeals committee no later than 63 calendar days from the date of the school’s decision to refuse admission.

Full details on the section 29 appeals process are available on the Gov.ie  website at the links below:

www.gov.ie/en/publication/8248c-appeals-in-relation-to-refusal-to-admit-a-student-due-to-a-school-being-oversubscribed/

www.gov.ie/en/publication/31c4f-appeals-in-relation-to-refusal-to-admit-a-student-for-a-reason-other-than-the-school-being-oversubscribed/

In addition, Tusla Education Support Services (TESS), the Educational Welfare Service of the Child and Family Agency, is the legal body which can assist parents/guardians who are experiencing difficulty in securing a school placement for their child. Contact details for TESS are available at the following link www.tusla.ie/tess/get-in-touch/  or by email at tessinfo@tusla.ie