Jennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail)
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212. To ask the Minister for Education and Skills further to Parliamentary Question No. 547 of 9 April 2024, if she will consider correspondence between a parent and a patron body and a board of management (details supplied); if she considers the response of the board of management is in all respects acceptable, or if she contends that the school, by requiring a parent or adult to remove a student during a withdrawal period from a specific subject, in fact negates the parental right of conscience to withdraw their child from any subject; and if she will make a statement on the matter. [23638/24]

Norma Foley (Kerry, Fianna Fail)
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In accordance with the Education Act 1998, schools are managed by boards of management on behalf of the relevant school patrons. Under the provisions of the Act, the board of management is the body charged with the direct governance of a school.

Under the provisions of Section 30(2) (e) of the Education Act 1998 provide that a school shall not require a student to attend instruction in any subject which is contrary to the conscience of the parent / guardian of the student or in the case of a student who has reached the age of 18 years, the student. It is expected that this right will be upheld by schools on foot of a parental request.

The manner in which any school ensures that the right to opt out of classes is upheld is a matter for the school concerned. The school must determine the particular arrangements which are most appropriate in its individual circumstances having regard to local issues such as available space, supervision requirements and how the school concerned organises classes etc.

Should the parent be unhappy with the action of the school, the school may have a formal complaints process in which case should be followed in pursuing any complaint. Where the parent is of the view that a school's board of management has failed to investigate or adequately investigate the complaint, they have also the option of raising the complaint with the Ombudsman for Children. The Office of the Ombudsman for Children may independently investigate complaints about schools recognised by the Department of Education, provided the parent has firstly and fully followed the school's complaints procedures. The key criterion for any intervention by the Ombudsman for Children is that the administrative actions or non-actions of a school has, or may have, adversely affected the child.

Further information is available on the gov.ie website: www.gov.ie/en/policy-information/complaints-about-schools/