Education (Admission to Schools) Act 2018
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Admission to schools | ||
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9. The Act of 1998 is amended by the insertion of the following Part after Part IX: | ||
“Part X | ||
Admission to Schools | ||
Definitions | ||
60. In this Part— | ||
‘Act of 2000’ means the Equal Status Act 2000 ; | ||
‘admission statement’ has the meaning assigned to it by section 61; | ||
‘annual admission notice’ has the meaning assigned to it by section 63; | ||
‘applicant’ means the parent of a student or, in the case of a student who has reached the age of 18 years, the student, who has made an application for admission to a school; | ||
‘board’ includes a committee established under section 44 (1) or 44 (7) of the Education and Training Boards Act 2013 ; | ||
‘independent person’ in relation to a school, does not include— | ||
(a) the patron of the school, | ||
(b) a member or former member of the board of the school, | ||
(c) a teacher, former teacher, other member of the staff or former other member of the staff of the school, | ||
(d) an applicant or a parent of a student in the school, or | ||
(e) a spouse, civil partner (within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ), child, parent, brother or sister of a person specified in paragraph (a), (b), (c) or (d); | ||
‘intake group’ means the intake of students for the most junior class or year in a school, which in the case of a school with an early intervention class or an early start pre-school class specified in a list published by the Minister from time to time, does not include such class; | ||
‘oversubscribed’, in relation to a school, means— | ||
(a) in respect of the intake group of the school, that the number of students seeking admission to the intake group is greater than the number of places being made available by the school in respect of the intake group concerned, | ||
(b) in respect of a special class, that the number of students seeking admission to the special class is greater than the number of places being made available by the school in respect of the class concerned, or | ||
(c) in respect of any other class or year, that the number of students seeking admission to the class or year is greater than the number of places being made available by the school in respect of the class or year concerned; | ||
‘school’ means a recognised school other than a recognised school that is situated in a hospital or approved centre (within the meaning of the Mental Health Act 2001 ) which is specified in a list of such schools published by the Minister from time to time; | ||
‘school year’, in relation to a school, means the period commencing on the day the school reopens for tuition after the school’s summer holidays and ending on the last day in the following year that the school is open for tuition before the commencement of the school’s summer holidays for that year; | ||
‘special class’ means a class that has, with the approval of the Minister, been established by a school to provide an education exclusively for students with a category or categories of special educational needs specified by the Minister; | ||
‘special educational needs’ has the same meaning as it has in the Education for Persons with Special Educational Needs Act 2004 ; | ||
‘student’ means a person in relation to whom an application for admission to a school has been made; | ||
‘waiting list’ shall be construed in accordance with section 62(7)(i). | ||
Admission statement | ||
61. (1) Subject to subsection (2), the admission policy of a school shall include a statement (in this Part referred to as an ‘admission statement’) that the school shall not discriminate in its admission of a student to the school on— | ||
(a) the gender ground of the student or the applicant in respect of the student concerned, | ||
(b) the civil status ground of the student or the applicant in respect of the student concerned, | ||
(c) the family status ground of the student or the applicant in respect of the student concerned, | ||
(d) the sexual orientation ground of the student or the applicant in respect of the student concerned, | ||
(e) the religion ground of the student or the applicant in respect of the student concerned, | ||
(f) the disability ground of the student or the applicant in respect of the student concerned, | ||
(g) the ground of race of the student or the applicant in respect of the student concerned, | ||
(h) the Traveller community ground of the student or the applicant in respect of the student concerned, or | ||
(i) the ground that the student or the applicant in respect of the student concerned has special educational needs. | ||
(2) In the case of— | ||
(a) a school to which section 7(3)(a) of the Act of 2000 applies, that admits students of one gender only, the admission statement of the school shall include a statement that the school does not discriminate in relation to the admission of students where it refuses to admit as a student a person who is not of that gender, | ||
(b) a school to which section 7(3)(c) (amended by section 11 (a)(i) of the Education (Admission to Schools) Act 2018) of the Act of 2000 applies, whose objective is to provide education in an environment which promotes certain religious values, the admission statement of the school shall include a statement that the school does not discriminate in relation to the admission of students where it admits persons of a particular religious denomination in preference to others, | ||
(c) a school to which section 7(3)(ca) (inserted by section 11 (a)(ii) of the Education (Admission to Schools) Act 2018) of the Act of 2000 applies, whose objective is to provide education in an environment which promotes certain religious values, the admission statement of the school shall include a statement that the school does not discriminate in relation to the admission of students where it refuses to admit as a student a person who is not of a particular religious denomination and it is proved that the refusal is essential to maintain the ethos of the school, | ||
(d) a school to which section 7(3)(cb) (inserted by section 11 (a)(ii) of the Education (Admission to Schools) Act 2018) of the Act of 2000 applies, the admission statement of the school shall include a statement that the school does not discriminate in relation to the admission of students where it admits as a student a person in accordance with section 7A (inserted by section 11 (b) of the Education (Admission to Schools) Act 2018) of the Act of 2000, | ||
(e) a school that, with the approval of the Minister, provides an education exclusively for students with a category or categories of special educational needs specified by the Minister, the admission statement of the school shall include a statement that the school may refuse to admit a student who does not have the specified category of special educational needs concerned, and | ||
(f) a school that, in addition to the general admission of students has, with the approval of the Minister, established a class to provide an education exclusively for students with a category or categories of special educational needs specified by the Minister, the admission statement of the school shall include a statement that the school may refuse to admit to the class concerned a student who does not have the specified category of special educational needs concerned. | ||
(3) In this section ‘civil status ground’, ‘disability ground’, ‘discriminate’, ‘family status ground’, ‘gender ground’, ‘ground of race’, ‘religion ground’, ‘sexual orientation ground’ and ‘Traveller community ground’ shall be construed in accordance with section 3 of the Act of 2000. | ||
Admission policy | ||
62. (1) Subject to this Act, regulations under this Act and such terms and conditions as may be attached to recognition of a school by the Minister under section 10, the board of the school shall following consultation with the patron, parents of students attending the school, the staff of the school, and such other persons as the Minister may determine, prepare a draft admission policy in respect of the school. | ||
(2) (a) The first draft admission policy under subsection (1) shall be prepared by the board as soon as practicable and in any event not later than 3 months after the commencement of this subsection. | ||
(b) Where a board proposes making any amendments to its admission policy the board shall prepare a revised draft admission policy and this section shall, with any necessary modifications, apply to that draft as if it were a draft admission policy under subsection (1). | ||
(3) The board shall submit the draft admission policy prepared under subsection (1) to the patron for approval. | ||
(4) The patron following consideration of the draft admission policy submitted under subsection (3) and within the prescribed period shall— | ||
(a) approve the draft, or | ||
(b) approve the draft subject to modifications. | ||
(5) Where the patron has approved the draft admission policy under subsection (4)(b), the patron shall return the draft to the board and specify the modifications to be made to the draft and the board shall, as soon as practicable, make the specified modifications and return the amended draft to the patron and the patron shall approve the amended draft. | ||
(6) Where the patron has approved a draft admission policy under subsection (4)(a) or an amended draft under subsection (5) the patron shall forward the approved policy to the board and the board shall, within the prescribed period, publish the policy (in this Act referred to as an ‘admission policy’). | ||
(7) An admission policy shall— | ||
(a) set out the characteristic spirit and general objectives of the school, | ||
(b) include an admission statement and set out— | ||
(i) in the case of a school that, with the approval of the Minister, provides an education exclusively for students with a category or categories of special educational needs specified by the Minister, the category or categories of special educational needs concerned, | ||
(ii) in the case of a school that, in addition to the general admission of students has, with the approval of the Minister, established a class to provide an education exclusively for students with a category or categories of special educational needs specified by the Minister, the category or categories of special educational needs concerned, | ||
(c) provide that the school shall admit each student seeking admission to the school including, where appropriate, each student seeking admission to a special class in the school, other than— | ||
(i) where the school is oversubscribed, | ||
(ii) where the parent of a student, when required by the principal in accordance with section 23 (4) of the Education (Welfare) Act 2000 , fails to confirm in writing that the code of behaviour of the school is acceptable to him or her and that he or she shall make all reasonable efforts to ensure compliance with such code by the student, | ||
(iii) in the case of a school that admits students of one gender only, where the school refuses to admit as a student a person who is not of that gender, | ||
(iv) in the case of a school whose objective is to provide education in an environment which promotes certain religious values, where the school refuses to admit as a student a person who is not of that denomination and it is proved that the refusal is essential to maintain the ethos of the school, | ||
(v) in the case of a school that, with the approval of the Minister, provides an education exclusively for students with a category or categories of special educational needs specified by the Minister, where the student does not have the specified category of special educational needs concerned, or | ||
(vi) in the case of a student seeking admission to a special class in the school, where the student does not have the category of special educational needs specified by the Minister in respect of that class, | ||
(d) set out the selection criteria which shall be applied where the school is oversubscribed, | ||
(e) provide that the school shall not, when deciding on an application to the school, or when placing a student on a waiting list for admission to the school, consider or take into account any of the following: | ||
(i) a student’s prior attendance at a pre-school or pre-school service, other than in relation to a student’s prior attendance at— | ||
(I) an early intervention class, or | ||
(II) an early start pre-school, | ||
specified in a list published by the Minister from time to time; | ||
(ii) the payment of fees or contributions (howsoever described) to the school, other than in accordance with section 64; | ||
(iii) other than in relation to a course known as a post leaving certificate course or a further education and training course and subject to subsections (8) and (9), a student’s academic ability, skills or aptitude; | ||
(iv) the occupation, financial status, academic ability, skills or aptitude of a student’s parents; | ||
(v) a requirement that a student, or his or her parents, attend an interview, open day or other meeting as a condition of admission, other than in the case of admission to the residential element of a boarding school or to a course known as a post leaving certificate course or to a course known as a further education and training course; | ||
(vi) subject to subsection (10), a student’s connection to the school by virtue of a member of his or her family attending or having previously attended the school; | ||
(vii) the date and time on which an application for admission was received by the school, subject to subsection (11) and subject to the application being received at any time during the period specified for receiving applications set out in the annual admission notice of the school for the school year concerned or, where appropriate, at any time during the period as otherwise determined by the school in accordance with this Act or regulations made under this Act, | ||
(f) set out the manner and sequence in which the selection criteria will be applied, including the arrangements that shall apply in cases where 2 or more students are tied for a place or places in the school, | ||
(g) provide, where a school is oversubscribed, that any selection criteria that are not included in the admission policy of the school shall not be taken into account in determining whether or not a student is admitted to the school, | ||
(h) provide that the admission policy of a second level school that provides education through the medium of Irish may provide for the inclusion of students that have attended a primary school that provides education through the medium of Irish, | ||
(ha) provide that a decision on an application for admission shall be based on— | ||
(i) the implementation of the school’s admission policy including, where applicable, the annual admission notice of the school, and | ||
(ii) the information provided by the applicant in the application for admission received before the closing date set out in the annual admission notice of the school or, where appropriate, the date as otherwise determined by the school in accordance with this Act or regulations made under this Act, | ||
(i) provide, where a school is oversubscribed, that the school shall compile a waiting list of students whose applications for admission to the school were unsuccessful due to the school being oversubscribed, which shall remain valid for the school year in which admission is being sought subject to— | ||
(i) the school placing students on the list in accordance with the order of priority assigned to the students’ applications, after the school has applied the selection criteria in accordance with its admission policy, and | ||
(ii) the school offering any further school places that become available for and during the school year in relation to which admission is being sought to those students on the waiting list, in accordance with the order of priority in relation to which the students have been placed on the list, | ||
(j) provide that, in accepting an offer of admission, an applicant shall indicate— | ||
(i) whether or not he or she has accepted an offer of admission for another school or schools and, where the applicant has so accepted, he or she shall provide details of the offer or offers concerned, and | ||
(ii) whether or not he or she has applied for and is awaiting confirmation of an offer of admission from another school or schools, and where the applicant has so applied, he or she shall provide details of the other school or schools concerned, | ||
(k) provide that where a student has not been offered admission, the reasons that he or she was not offered admission shall be provided in writing to the applicant including, where applicable, details of the student’s ranking against the selection criteria and details of the student’s place on the waiting list, | ||
(l) provide that an offer of admission may not be made or may be withdrawn where— | ||
(i) it is established that information contained in the application is false or misleading in a material respect, | ||
(ii) an applicant fails to confirm acceptance of an offer of admission on or before the date set out in the annual admission notice of the school or, where appropriate, the date as otherwise determined by the school in accordance with this Act or regulations made under this Act, | ||
(iii) the parent of a student, when required by the principal in accordance with section 23 (4) of the Education (Welfare) Act 2000 , fails to confirm in writing that the code of behaviour of the school is acceptable to him or her and that he or she shall make all reasonable efforts to ensure compliance with such code by the student, or | ||
(iv) the applicant has not complied with paragraph (j), | ||
(m) provide that an applicant may request the board to review a decision to refuse admission and that a decision to refuse admission may be appealed in accordance with section 29(1)(c)(i) or (ii), | ||
(n) provide details of the school’s arrangements in respect of any student, where the parent of that student, or in the case of a student who has reached the age of 18 years, the student, has requested that the student attend the school without attending religious instruction at the school (which arrangements shall not result in a reduction in the school day in respect of the student concerned), | ||
(o) be consistent with any agreement in relation to the provision of infrastructure or funding to the school made between the Minister and the school, | ||
(p) include a declaration that the board or person acting on its behalf shall not, except in accordance with section 64, charge fees for or seek payment or contributions (howsoever described) as a condition of— | ||
(i) an application for admission of a student to the school, or | ||
(ii) the admission or continued enrolment of a student in the school, | ||
(q) set out procedures for the admission of students who are not already admitted to the school— | ||
(i) to classes or years other than the school’s intake group, and | ||
(ii) after the commencement of the school year in relation to which admission is sought including, where appropriate, in accordance with paragraph (i), | ||
and | ||
(r) contain such additional information as may be prescribed in regulations under section 65. | ||
(8) Notwithstanding subsection (7)(e)(iii) in relation to— | ||
(a) a school approved by the Minister to provide an education exclusively for students with a specified category or categories of special educational needs, or | ||
(b) a special class, | ||
a student’s academic ability, skills or aptitude may be considered or taken into account insofar only as is necessary in order to ascertain whether or not the student has the category of special educational needs concerned. | ||
(9) (a) Notwithstanding subsection (7)(e)(iii), and subject to this subsection, an Irish language school may prioritise the admission of a student where the school is satisfied that the student has attained a level of fluency in the Irish language and that the said fluency would be likely to regress were the student not admitted to an Irish language school. | ||
(b) An applicant may, when making an application for admission to an Irish language school, include a statement confirming that the student in respect of whom the application concerned relates has attained a level of fluency in the Irish language and that the said fluency would be likely to regress were the student not admitted to an Irish language school. | ||
(c) When making an application in accordance with paragraph (b), the applicant shall provide such evidence as he or she considers appropriate in relation to the level of fluency in the Irish language of the student in respect of whom the application relates, which may include confirmation that the student concerned is available to attend an interview or meeting to demonstrate his or her level of fluency in the Irish language. | ||
(d) In satisfying itself that a student has attained a level of fluency in the Irish language and that the said fluency would be likely to regress were the student not admitted to an Irish language school, a school shall take into account only the evidence that the applicant has provided in accordance with paragraph (c). | ||
(e) An Irish language school may not rank in order of preference, for the purposes of admission to the school concerned, a student who has satisfied the school in accordance with paragraph (a) relative to other students who have satisfied the school in accordance with that paragraph, by virtue of the students’ relative fluency in the Irish language. | ||
(f) Nothing in paragraph (e) shall preclude an Irish language school from applying the selection criteria set out in the school’s admission policy to students who have satisfied the school in accordance with paragraph (a), where the number of such students is greater than the number of places available. | ||
(g) Nothing in this subsection shall be construed as permitting an Irish language school to require a student attend an interview or other meeting to assess his or her level of fluency in the Irish language. | ||
(h) In this subsection— | ||
‘Irish language school’ means a school that provides education through the medium of Irish; | ||
‘level of fluency in the Irish language’, in relation to a student, means a level of fluency indicative of what would be expected of a student who uses the Irish language as a normal means of communication in a non-educational environment, taking into account the age and any special educational needs of the student concerned. | ||
(10) Subsection (7)(e)(vi) shall not apply to selection criteria based on a student’s connection to the school by virtue of— | ||
(a) a sibling of the student concerned attending or having attended the school, or | ||
(b) a parent or grandparent of the student concerned having previously attended the school, provided the maximum number of places filled pursuant to that criterion does not exceed 25 per cent of the available places as set out in the school’s annual admission notice for the school year concerned. | ||
(11) (a) Notwithstanding subsection (7)(e)(vii), a school may apply a selection criterion based on the date on which an application for admission or an expression of interest in applying for admission was received by the school where, prior to the coming into operation of this subsection the school had confirmed, in writing, to the person who made the application or expression of interest that the name of the child in respect of whom the application or expression of interest had been made had been placed on a list maintained by the school for the purpose of allocating school places in the school year concerned. | ||
(b) Paragraph (a) shall cease to have effect 5 years after it comes into operation. | ||
(12) In this section— | ||
‘code of behaviour’ has the same meaning as it has in the Education (Welfare) Act 2000 ; | ||
‘pre-school service’ has the same meaning as it has in section 58A (inserted by section 92 of the Child and Family Agency Act 2013 ) of the Child Care Act 1991 . | ||
Annual admission notice | ||
63. (1) Subject to this Act and any regulations made under this Act, the board of a school shall, each year, prepare a notice (in this Part referred to as an ‘annual admission notice’) in respect of the admission of students to the school for the school year concerned. | ||
(2) The board shall, prior to accepting applications for admission to the school for the school year concerned, in the prescribed manner and within the prescribed period, publish the annual admission notice. | ||
(3) An annual admission notice shall— | ||
(a) provide details in relation to how to obtain— | ||
(i) a copy of the school’s admission policy, and | ||
(ii) an application form for admission to the school, | ||
(b) subject to subsection (4) and any regulations under section 65, set out— | ||
(i) the date on which the school shall commence accepting applications for admission to the school for the school year concerned, | ||
(ii) the date on which the school shall cease accepting applications for admission to the school for the school year concerned, which date shall be at least 3 weeks after the date referred to in subparagraph (i), | ||
(iii) in respect of an application for admission to an intake group or special class, the date by which the applicant shall be notified of the decision in relation to his or her application, | ||
(iv) in respect of an application for admission to an intake group or special class, the date by which the applicant shall confirm acceptance of the offer of admission, | ||
(c) in relation to the school year concerned, set out— | ||
(i) the number of places being made available in the intake group, | ||
(ii) in the case of a boarding school, the number of residential and the number of non-residential places being made available, and | ||
(iii) in the case of a school with a special class, the number of places being made available in the special class concerned, | ||
(d) in the case of a school where the intake group or a special class in the school was oversubscribed in the school year prior to the school year in relation to which admission is being sought, include a statement setting out the number of applications received and the number and order of offers made in that school year in respect of each of the school’s selection criteria, | ||
(e) include such other information as may be prescribed in regulations under section 65. | ||
(4) In relation to— | ||
(a) a boarding school, different dates may be provided under subsection (3)(b) in respect of the residential and the non-residential places in the school concerned, and | ||
(b) a school with a special class, different dates may be provided under subsection (3)(b) in respect of places in the special class concerned. | ||
(5) In this section, a reference to admission to a school means a reference to admission to the intake group of the school or admission to a special class in the school. | ||
Prohibition on charging admission and enrolment fees | ||
64. (1) Subject to subsection (2), a board or person acting on a board’s behalf shall not charge fees for, or seek payments or contributions (howsoever described) as a condition of— | ||
(a) an application for admission of a student to the school, or | ||
(b) the admission or continued enrolment of a student in the school. | ||
(2) Subsection (1) shall not apply in respect of— | ||
(a) fees charged by the category of schools known as fee charging post primary schools, which schools are specified in a list of fee charging post primary schools published by the Minister from time to time, | ||
(b) fees charged by the category of schools known as boarding schools, which schools are specified in a list of boarding schools published by the Minister from time to time, insofar as those fees relate solely to the cost of providing residential boarding places, | ||
(c) fees charged by schools that provide courses known as post leaving certificate courses, insofar as those fees relate to the cost of providing such courses, or | ||
(d) fees charged by schools that provide further education and training courses, in respect of such courses. | ||
Regulations | ||
65. (1) The Minister may, having regard to the principles of inclusion and equality of access to and participation in education and the principles of efficiency, effectiveness, clarity and fairness for applicants and schools, and following consultation with bodies representative of patrons, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, make regulations for the purpose of the preparation and publication by schools of admission policies and the admission of students to schools. | ||
(2) Regulations under this section may— | ||
(a) contain different provisions in relation to different categories of schools or different categories of students, and | ||
(b) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations. | ||
(3) Without prejudice to the generality of subsection (1) and (2), regulations under this section may provide for all or any of the following: | ||
(a) requirements in relation to the preparation and publication of an admission policy including all or any of the following: | ||
(i) the period during which a patron may consider and approve a draft admission policy under section 62(4); | ||
(ii) the manner in which and period during which a board shall publish and may otherwise make available an admission policy and information in relation to the application process; | ||
(iii) the frequency in relation to which a board shall undertake a review of its admission policy; | ||
(iv) the manner in which and period during which a board shall review its admission policy; | ||
(v) the consultation process that a board shall undertake when reviewing its admission policy; and | ||
(vi) details of additional information in relation to any of the matters referred to in paragraphs (a) to (q) of section 62(7) to be included in an admission policy; | ||
(b) selection criteria that schools shall be permitted to apply in cases where the school is oversubscribed; | ||
(c) selection criteria that schools shall be permitted to apply in cases where 2 or more students are tied for a place or places in the school; | ||
(d) requirements in relation to the admission process, including in relation to all or any of the following: | ||
(i) information that shall be contained in— | ||
(I) an annual admission notice, and | ||
(II) an application form; | ||
(ii) the manner in which, and period during which a board shall publish an annual admission notice; | ||
(iii) documents and information that a school shall not require an applicant to submit with an application, which may include photographs of the student, references from a school previously attended by the student, information in relation to the parents of the student, or information in relation to any medical condition, disability, or special educational needs of the student; | ||
(iv) the manner in which and period during which applications for admission may be made, which may include setting the earliest date on which a school may accept applications for admission and setting the closing date for applications; | ||
(v) the manner in which and periods during which a decision shall be made in relation to an application for admission; | ||
(vi) the manner in which and period during which a school shall notify an applicant as to the decision on his or her application; | ||
(vii) information that shall be contained in a notification under subparagraph (vi); | ||
(viii) the manner in which and periods during which an applicant shall confirm his or her acceptance of an offer of admission which may, where an applicant has accepted more than one offer or where an applicant has applied for and is awaiting confirmation of an offer of admission from another school or schools, include the manner in which and periods during which an applicant shall provide final confirmation to the relevant schools of the offer that he or she wishes to accept and any offers that he or she does not wish to accept; | ||
(ix) conditions that, in order to facilitate the efficient admission of students to schools, applicants shall be required to adhere to when applying for or accepting a place in a school; | ||
(x) the procedures that shall apply when an offer is withdrawn; | ||
(xi) arrangements and procedures that shall apply in relation to the compilation and operation of waiting lists of unsuccessful applicants; | ||
(xii) arrangements and procedures that shall apply in relation to making offers of admission for places that become available following completion of the admission process; | ||
(xiii) arrangements and procedures that shall apply in relation to applications for admission received after the commencement of the school year in which admission is sought; | ||
(xiv) arrangements and procedures that shall apply in relation to applications for admission to a class or year other than the intake group of the school concerned. | ||
Co-operation between boards | ||
66. (1) The Minister may, from time to time, subject to subsection (2), and following consultation with the patron or patrons and the boards of the schools concerned, direct 2 or more boards to co-operate with each other in relation to the admission processes of the schools concerned. | ||
(2) The Minister may make a direction under this section where— | ||
(a) a school is due to close, and the Minister considers that it is in the best interests of the students attending the school, or | ||
(b) the Minister considers, having regard to the effective and efficient use of resources, that it is in the best interests of the students in an area that the boards in respect of which the direction is to apply shall co-operate with each other in relation to the admission processes of the schools concerned. | ||
(3) A direction under this section— | ||
(a) shall be in writing, | ||
(b) shall be for such period as the Minister, following consultation with the patron or patrons and the boards of the schools concerned, determines, and | ||
(c) may set out procedures in relation to co-operation by the boards in respect of the admission processes of the schools concerned. | ||
(4) The Minister, where he or she considers it appropriate to do so, following consultation with the patron or patrons and the boards of the schools concerned, may— | ||
(a) amend a direction under this section, | ||
(b) extend the period of a direction under this section, or | ||
(c) cancel a direction under this section. | ||
(5) A board shall comply with a direction under this section. | ||
(6) (a) A board may, in order to facilitate the efficient admission of students, provide a patron or another board with a list of the students in relation to whom— | ||
(i) an application for admission to the school concerned has been received, | ||
(ii) an offer of admission to the school concerned has been made, or | ||
(iii) an offer of admission to the school concerned has been accepted. | ||
(b) A list provided by the board under paragraph (a) may include all or any of the following details: | ||
(i) the date on which an application for admission was received by the school; | ||
(ii) the date on which an offer of admission was made by the school; | ||
(iii) the date on which an offer of admission was accepted by an applicant; | ||
(iv) a student’s personal details including his or her name, address, date of birth and personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005 ). | ||
Designation of school by Council or Child and Family Agency | ||
67. (1) In the case of a child with special educational needs, the Council may— | ||
(a) of its own volition, or | ||
(b) at the request of the parents of the child, where the Council is of the opinion that the parents of the child, after having made all reasonable efforts, have failed, for reasons related to the child’s special educational needs, to obtain any school placement for the child, | ||
designate the school which the child is to attend and that school shall admit the child upon being directed by the Council to do so. | ||
(2) In making a designation under subsection (1), the Council shall have regard to— | ||
(a) the special educational needs of the child concerned, | ||
(b) the wishes of the child’s parents, | ||
(c) where appropriate, and in accordance with the age and maturity of the child concerned, the wishes of the child, | ||
(d) the availability of places in schools in the locality, | ||
(e) the school that, in the Council’s view, it would be in the best interests of the child concerned to attend, with preference given to the child’s local school unless the best interests of the child require otherwise, | ||
(f) the ability of the school to accommodate the child concerned and to meet his or her special educational needs, including that ability when resources are made available to the school, in accordance with the policies relating to education generally and the education of children with special educational needs, which are formulated from time to time by the Minister. | ||
(3) The Agency may, in the case of a child other than a child in relation to whom a designation under subsection (1) may be made— | ||
(a) of its own volition, where the child has no school place, or | ||
(b) at the request of the parents of the child, where the Agency is of the opinion that the parents of the child, after having made all reasonable efforts, have failed to obtain any school placement for the child, | ||
designate the school which the child is to attend and that school shall admit the child, upon being directed by the Agency to do so. | ||
(4) In making a designation under subsection (3), the Agency shall have regard to— | ||
(a) the wishes of the child’s parents, | ||
(b) where appropriate, and in accordance with the age and maturity of the child concerned, the wishes of the child, | ||
(c) the availability of places in schools in the locality, | ||
(d) the school that, in the Agency’s view, it would be in the best interests of the child to attend. | ||
(5) Where a school is designated under subsection (1) or (3), the board of the school may, not later than the date determined in procedures under subsection (19), appeal the decision to an appeals committee. | ||
(6) Subject to subsection (7), on hearing an appeal under subsection (5) an appeals committee shall within the period determined in procedures under subsection (19)— | ||
(a) allow the appeal and cancel the designation, or | ||
(b) dismiss the appeal. | ||
(7) The appeals committee shall, in reaching its decision, allow an appeal under subsection (5) and cancel the designation only where it is satisfied that the Agency or the Council has failed to comply with any of the requirements of this section or the school has established that the decision of the Agency or the Council, as the case may be, is unreasonable. | ||
(8) Where— | ||
(a) the Council has failed or refused to make a designation under subsection (1) pursuant to a request under paragraph (b) of that subsection within the period determined in procedures under subsection (19), or | ||
(b) the Agency has failed or refused to make a designation under subsection (3) pursuant to a request under paragraph (b) of that subsection within the period determined in procedures under subsection (19), | ||
the parents concerned may, within the period determined in procedures under subsection (19), appeal to an appeals committee against the failure or refusal to make a designation. | ||
(9) On hearing an appeal under subsection (8), an appeals committee shall, within the period determined in procedures under subsection (19)— | ||
(a) allow the appeal and give a direction to the Council or the Agency, as the case may be, requiring the Council or the Agency to designate a school, and the Council or the Agency, as the case may be, shall comply with such direction, or | ||
(b) dismiss the appeal. | ||
(10) When notifying— | ||
(a) the board of its decision to allow or dismiss an appeal under subsection (5), or | ||
(b) the parents of its decision to allow or dismiss an appeal under subsection (8), | ||
a committee shall give reasons for its decision. | ||
(11) The Minister shall appoint one or more than one committee (in this section referred to as an ‘appeals committee’) to hear and determine appeals under this section. | ||
(12) An appeals committee shall be independent in the performance of its functions. | ||
(13) An appeals committee shall consist of a chairperson and such number of ordinary members as may be determined by the Minister, and, in the case of an equal division of votes, the chairperson shall have a casting vote. | ||
(14) The chairperson and ordinary members of an appeals committee shall be appointed by the Minister from among persons who have a special interest in or knowledge of education and shall, in the case of any appeal concerning a child with special educational needs, include at least one person who has a special interest in or knowledge in relation to the education of persons with special educational needs. | ||
(15) The term of office of the chairperson and the ordinary members of an appeals committee shall be for such period as shall be determined by the Minister. | ||
(16) The chairperson or an ordinary member of an appeals committee may resign by letter addressed to the Minister. | ||
(17) The chairperson or an ordinary member of an appeals committee may be removed from office by the Minister for stated misbehaviour. | ||
(18) The chairperson and the ordinary members of an appeals committee shall be paid such allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine. | ||
(19) The Minister may, in the interests of the operation of an efficient appeals process under this section and following consultation with the Minister for Children and Youth Affairs, the Council, the Agency, bodies representative of patrons, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, determine procedures to— | ||
(a) be followed by an appeals committee when hearing an appeal under this section, which procedures shall ensure that hearings are conducted with the minimum of formality consistent with giving all parties a fair hearing, | ||
(b) specify time limits applicable to appeals, and | ||
(c) provide for any other related or ancillary matter. | ||
(20) In this section— | ||
‘Agency’ means the Child and Family Agency; | ||
‘board’ includes, where the context so requires, a relevant managerial authority of a centre for education; | ||
‘child’ includes a person in respect of whom an application for admission to a school has not been made; | ||
‘Council’ means the National Council for Special Education; | ||
‘school’ includes a centre for education. | ||
Direction to board and appointment of independent person by patron | ||
68. (1) Subject to this section, the patron of a school may issue a direction to the board of a school and, where the board has failed to comply with the direction, the patron may appoint an independent person. | ||
(2) A patron shall, by notice in writing, inform a board where he or she proposes to issue a direction under this section. | ||
(3) A notice under subsection (2) shall— | ||
(a) state that the patron is of the opinion that— | ||
(i) the board has failed to prepare and publish an admission policy, | ||
(ii) the admission policy of the school does not comply with this Act, | ||
(iii) students are not being admitted to the school in accordance with— | ||
(I) this Act, or | ||
(II) the admission policy of the school, | ||
(iv) the board has failed to comply with section 64, or | ||
(v) the board has failed to comply with a direction under section 29D, 29E, 66, 67(1) or 67(3), | ||
(b) set out the reasons for that opinion, | ||
(c) state that the patron proposes to issue a direction under this section, and | ||
(d) state that the board may make representations to the patron in relation to the proposed direction not later than 14 days after the service of the notice. | ||
(4) The patron may issue a direction in writing to the board where, having considered any representations made by the board pursuant to a notice under subsection (2), the patron remains of the opinion that subparagraph (i), (ii), (iii), (iv) or (v) of subsection (3)(a) applies. | ||
(5) A direction under this section shall— | ||
(a) state that the patron is of the opinion, having considered any representations made by the board pursuant to a notice under subsection (2), that he or she should issue a direction to the board, | ||
(b) set out the reasons for that opinion, | ||
(c) set out the remedial action to be taken by the board, and | ||
(d) set out the period within which the remedial action shall be taken. | ||
(6) A board shall comply with a direction under this section. | ||
(7) Where the patron is of the opinion that the board has failed to comply with a direction under this section, the patron may, by notice in writing, inform the board that he or she proposes to appoint an independent person under subsection (9)(b). | ||
(8) A notice under subsection (7) shall— | ||
(a) state that the patron is of the opinion that the board has failed to comply with a direction under this section, | ||
(b) set out the reasons for that opinion, | ||
(c) state that the patron proposes to appoint an independent person under subsection (9)(b), and | ||
(d) state that the board may make representations to the patron in relation to the proposed appointment not later than 14 days after the service of the notice. | ||
(9) Where, having considered any representations made pursuant to a notice under subsection (7), the patron remains of the opinion that the board has failed to comply with a direction under this section, the patron may, where he or she considers it is appropriate to do so— | ||
(a) forward a copy of the notice under subsection (7) and any representations made pursuant to that notice to the Minister, and | ||
(b) appoint an independent person or persons, who, in the opinion of the patron, has the relevant knowledge and experience, to carry out the remedial action set out in the direction. | ||
(10) An appointment under subsection (9)(b) shall be subject to the consent of the Minister and shall be for such period as the patron, with the consent of the Minister, determines. | ||
(11) The patron may, with the consent of the Minister, extend the period referred to in subsection (10). | ||
(12) The patron shall, by notice in writing, inform the board where he or she has appointed an independent person under subsection (9)(b) and give reasons for the appointment. | ||
(13) A person appointed under subsection (9)(b) shall carry out the remedial action set out in the direction under this section within such period as the patron, with the consent of the Minister, may direct. | ||
(14) The board, teachers and other members of the staff of the school shall co-operate (including giving access to all relevant records) with a person appointed under subsection (9)(b) in relation to the performance by that person of his or her functions under this Act. | ||
(15) In this section and section 69 a reference to an admission policy includes a reference to an annual admission notice. | ||
Direction to board by Minister | ||
69. (1) Subject to this section, the Minister may issue a direction to a board. | ||
(2) The Minister shall, by notice in writing, inform the patron and the board where he or she proposes to issue a direction under this section. | ||
(3) A notice under subsection (2) shall— | ||
(a) state that the Minister is of the opinion that— | ||
(i) the board has failed to prepare and publish an admission policy, | ||
(ii) the admission policy of the school does not comply with this Act, | ||
(iii) students are not being admitted to the school in accordance with— | ||
(I) this Act, or | ||
(II) the admission policy of the school, | ||
(iv) the board has failed to comply with section 64, or | ||
(v) the board has failed to comply with a direction under section 29D, 29E, 66, 67(1) or 67(3), | ||
(b) set out the reasons for that opinion, | ||
(c) state that the Minister proposes to issue a direction under this section, and | ||
(d) state that the patron and the board may make representations to the Minister in relation to the proposed direction not later than 14 days after the service of the notice. | ||
(4) Where the Minister, having considered any representations made by the patron and the board pursuant to a notice under subsection (2), remains of the opinion that subparagraph (i), (ii), (iii), (iv) or (v) of subsection (3)(a) applies the Minister may nominate a person (in this section referred to as an ‘authorised person’) who, in the opinion of the Minister, has the relevant knowledge and experience to prepare a report for the purposes of this section. | ||
(5) The Minister shall, by notice in writing, inform the patron and the board where he or she has appointed an authorised person under subsection (4) and give reasons for the appointment. | ||
(6) The authorised person shall, within such period as the Minister specifies, prepare and furnish to the Minister a report for the purposes of this section (in this section referred to as a report). | ||
(7) The Minister, may where he or she considers it appropriate to do so, extend the period referred to in subsection (6). | ||
(8) When preparing a report an authorised person shall, having regard to the opinion of the Minister stated in the notice under subsection (2) and any representations made to the Minister by the patron or the board pursuant to that notice, do one or more of the following— | ||
(a) ascertain whether or not a board has prepared and published an admission policy in accordance with this Act, and where he or she considers that the admission policy of the school has not been so prepared or published, set out the remedial action which he or she considers should be taken by the board, | ||
(b) ascertain whether or not the admission policy of the school complies with this Act, and where he or she considers that the admission policy of the school does not so comply, set out the remedial action which he or she considers should be taken by the board, | ||
(c) ascertain whether or not students are being admitted to the school in accordance with this Act and the admission policy of the school, and where he or she considers that students are not being so admitted, set out the remedial action which he or she considers should be taken by the board, | ||
(d) ascertain whether or not the board is complying with section 64, and where he or she considers that the board is not so complying, set out the remedial action which he or she considers should be taken by the board, and | ||
(e) ascertain whether or not the board has complied with a direction under section 29D, 29E, 66, 67(1) or 67(3), and where he or she considers that the board has not so complied, set out the remedial action which he or she considers should be taken by the board. | ||
(9) Where, having considered a report, the Minister remains of the opinion that subparagraph (i), (ii), (iii), (iv) or (v) of subsection (3)(a) applies, the Minister may issue a direction in writing to the board of the school concerned. | ||
(10) A direction under this section shall— | ||
(a) state that the Minister is of the opinion, having regard to the report, that he or she should issue a direction to the board, | ||
(b) set out the reasons for that opinion, | ||
(c) attach a copy of the report, | ||
(d) set out the remedial action to be taken by the board, and | ||
(e) set out the period within which the remedial action shall be taken. | ||
(11) The Minister shall forward a copy of a direction under this section to the patron. | ||
(12) A board shall comply with a direction under this section. | ||
(13) The patron, board, teachers and other members of the staff of the school shall co-operate (including giving access to all relevant records) with an authorised person in relation to the performance by that person of his or her functions under this Act. | ||
(14) An authorised person shall be paid by the Minister such remuneration (if any) and such allowances for expenses as the Minister, with the approval of the Minister for Public Expenditure and Reform, may determine. | ||
Request to patron by Minister | ||
70. (1) Where the Minister is of the opinion that a board has failed to comply with a direction under section 69, he or she may, by notice in writing, inform the patron and the board. | ||
(2) A notice under subsection (1) shall— | ||
(a) state that the Minister is of the opinion that the board has failed to comply with a direction under section 69, | ||
(b) set out the reasons for that opinion, and | ||
(c) state that the patron and the board may, within 14 days of the notice, make representations to the Minister in relation to the Minister’s opinion. | ||
(3) Where the Minister remains of the opinion, having considered any representations made pursuant to a notice under subsection (1), that the board has failed to comply with a direction under section 69, he or she may request the patron of the school concerned to direct the board to comply with the direction under section 69. | ||
(4) A patron shall comply with a request of the Minister under subsection (3). | ||
(5) A board shall comply with a direction of the patron under subsection (3). | ||
(6) Where, following a direction by the patron to the board to comply with a direction under section 69, the patron is of the opinion that the board has failed to comply with the direction the patron shall, by notice in writing, inform the board. | ||
(7) A notice under subsection (6) shall— | ||
(a) state that the patron is of the opinion that the board has failed to comply with a direction under section 69, | ||
(b) set out the reasons for that opinion, | ||
(c) state that the patron proposes to appoint an independent person under subsection (8), and | ||
(d) state that the board may make representations to the patron in relation to the proposed appointment not later than 14 days after the service of the notice. | ||
(8) Where the patron remains of the opinion, having considered any representations made by the board pursuant to a notice under subsection (6), that the board has failed to comply with a direction under section 69, the patron shall appoint an independent person who, in the patron’s opinion, has the relevant knowledge and experience to carry out the remedial action set out in the direction under section 69. | ||
(9) The patron shall forward to the Minister a copy of a notice under subsection (6) and any representations made pursuant to that notice. | ||
(10) An appointment under subsection (8) shall be for such period as the patron determines, and shall be subject to the consent of the Minister. | ||
(11) A patron may, with the consent of the Minister, extend the period referred to in subsection (10). | ||
(12) A person appointed under subsection (8) shall carry out the remedial action set out in the direction under section 69 within such period as the patron, with the consent of the Minister, may direct. | ||
(13) The board, teachers and other members of the staff of the school shall co-operate (including giving access to all relevant records) with a person appointed under subsection (8) in relation to the performance by that person of his or her functions under this Act.”. |