Paul Murphy (Dublin South West, Solidarity)
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301. To ask the Minister for Education and Skills if her Department will investigate a case (details supplied) and engage with the family. [50343/26]

Hildegarde Naughton (Galway West, Fine Gael)
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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.

Parents have the right to choose which school to apply to and where the school has places available for the relevant year, the student 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 student not obtaining a place in the school of their first choice.

In accordance with the provisions of the Education (Admission to Schools) Act 2018, schools are required to clearly set out their selection criteria in their admission policies. The criteria to be applied by schools and the order of priority are a matter for the schools themselves. It is an important feature of the act that schools can only make a decision on an application for admission that is based on the school’s admission policy.

Under Section 29 of the Education Act 1998, the parent of the student, or in the case of a student who has reached the age of 18 years, the student, may appeal a decision of this school to refuse admission. An appeal may be made under Section 29 (1)(c)(i) of the Education Act 1998 where the refusal to admit was due to the school being oversubscribed. An appeal may be made under Section 29 (1)(c)(ii) of the Education Act 1998 where the refusal to admit was due a reason other than the school being oversubscribed.

TESS has no record of a referral in relation to this child. Under the Education (Welfare) Act, 2000, statutory school attendance is 6-16 years. If the parent requires any further advice or guidance at this time, they can contact the regional office for their area. The contact details are 01 5252166 or by email tess.dml@tusla.ie.