Louise O'Reilly (Dublin Fingal, Sinn Fein)
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378. To ask the Minister for Education and Skills if she will examine the case of a child (details supplied); the options that are open to the parent to ensure that the child gets a school place; and if she will make a statement on the matter. [52838/22]

Norma Foley (Kerry, Fianna Fail)
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I understand that the person to whom the Deputy refers is a child who recently arrived in this country from Brazil.

My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in the area. 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.

The Capital Programme details the school projects that are being progressed under Project Ireland 2040. The current status of large-scale projects being delivered under Project Ireland 2040, including projects in the area in question, may be viewed on this Department's website at, www.gov.ie and this information is updated regularly. In addition, a list of large-scale projects completed from 2010 to date may also be viewed on the website.

The Capital Programme also provides for devolved funding for additional classrooms, including accommodation for pupils with special educational needs, if required, for schools where an additional enrolment need has been identified or where an additional teacher has been appointed. Details of schools listed on this programme (the Additional Accommodation Scheme) can also be found on the Department's website at www.gov.ie and this information is also updated regularly.

Parents have the right to choose which school to apply to and where the school has places available the pupil should be admitted. However, in schools where there are more applicants than places available a selection process may 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.

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. Should and applicant 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. My 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 refused admission is due to the school being oversubscribed, and the applicant wishes to appeal this decision they 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 child.

If refused admission for a reason other than the school being oversubscribed, the applicant may, but is 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 refused admission for a reason other than the school being oversubscribed and where the applicant does not choose to seek a review by the board of management, they 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 for refused enrolment 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 is the legal body which can assist parents 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.