Robert Troy (Longford-Westmeath, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

431. To ask the Minister for Education and Skills if she will approve a school placement which is currently under appeal (details supplied). [8726/23]

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

It is my Department’s main responsibility 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 the 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.

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.

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 you consider that a school has erred in their processing of your enrolment application, a section 29 appeal committee can examine how your application was processed by the school and identify if the school did not follow it’s Enrolment policy.

In cases where an error occurred the section 29 appeal committee will consider if the error had a material effect on your application. Where an error had a material effect on your 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.

An appeal on behalf of the person named made under section 29 of the Education Act 1998 was received by my Department and considered by an independent appeals body appointed to determine such appeals.

The independent appeals body decided after consideration to disallow the appeal and this decision was notified to all relevant parties by my Department on 9 February 2023.

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

Contact details for TESS are available at the following link or by e-mail at tessinfo@tusla.ie.

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

432. To ask the Minister for Education and Skills when a school place will be facilitated in the case of a child (details supplied); and if she will make a statement on the matter. [8743/23]

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

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.

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.

While my Department is aware of increasing pressures and demand for additional school places in Kilcock, it is important to note that where enrolment pressures arise, it may not be as a result of lack of accommodation but may be driven by the following factors:

- Duplication of applications – pupils have applied for a place to a number of schools in the area;

- School of choice – pupils can’t get a place in their preferred school while there are places in other schools in the town/area;

- Some towns/areas have single sex schools and while places are available in the school they are not available to all pupils; and

- External draw – pupils coming from outside the local area.

My Department is working to establish the true extent of any capacity issues across school planning areas through ongoing discussions with the relevant school patrons and authorities.

This close engagement will allow my Department to identify at an early stage particular capacity requirements for the forthcoming years which may necessitate further action to that already in train including, where required, the provision of modular accommodation solutions..