Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

290. To ask the Minister for Education and Skills when a local school place will be facilitated in the case of a student (details supplied); and if she will make a statement on the matter. [60442/22]

Norma Foley (Kerry, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

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.

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 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.  Some schools may apply a catchment area as one of their selection criteria.  The criteria to be applied by schools and the order of priority are a matter for the schools themselves. My Department does not seek to intervene in the selection criterion that is applied by schools.

Colm Burke (Cork North Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

291. To ask the Minister for Education and Skills the way that the Equal Status Acts 2000-2004 is being implemented in schools and other educational centres, particularly in relation to their admission policy; and if she will make a statement on the matter. [60457/22]

Norma Foley (Kerry, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

The Education (Admission to Schools) Act 2018, is an important piece of legislation which has introduced a more parent-friendly, equitable and consistent approach to how school admissions policy operates for the almost 4,000 primary and post-primary schools. 

The Act provides that all schools must have an Admission Statement as part of the schools admissions policy. The Admission Statement sets out that the school will not discriminate against an applicant on the grounds of gender, civil status, family status, sexual orientation, religion, disability, race, member of traveller community or special educational needs. As per section 61 (3) of the Education Act 1998, ‘gender ground’, ‘civil status ground’, ‘family status ground’, ‘sexual orientation ground’, ‘religion ground’, ‘disability ground’, ‘discriminate’, ‘ground of race’ and ‘Traveller community ground’ are construed in accordance with section 3 of the Equal Status Act 2000. 

Section 11 of the Admissions to Schools Act, amended the Equal Status Act 2000 to remove, in the case of recognised primary schools, the provision that permitted such schools to use religion as a selection criterion in school admissions.  Schools cannot therefore use religion as a selection criterion. However, there is a provision to ensure that a child of a minority faith, can access a school of their faith.

This provision was introduced in order to be fair to all parents, while recognising the right of all schools to have their distinctive ethos. Consequently, non-denominational families now find that in the majority of primary schools they are treated the same as all other families in school admissions.

Appeals under the Equal Status Act are made to the Work Place Relations Commission (WRC) in the first instance and on further appeal to the courts. Individuals wishing to make an appeal under the Equal Status Act should are advised to contact the Workplace Relations Committee for further information.