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Special Educational Needs

Dáil Éireann Debate, Tuesday - 19 May 2026

Tuesday, 19 May 2026

Questions (547)

Paul Murphy

Question:

547. Deputy Paul Murphy asked the Minister for Education and Youth if she is aware of the case of a child (details supplied); and if she will instruct her Department to engage with the family in order that the child’s education is not affected in a negative way. [37739/26]

View answer

Written answers

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 students 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.

The configuration of classes and the deployment of classroom teachers are done at local school level. The Department's guidance to schools is that the number of pupils in any class is kept as low as possible taking all relevant contextual factors into account (e.g. classroom accommodation, fluctuating enrolment etc.).

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.

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