Admissions

Overview

The Education (Admission to Schools) Act 2018 provides the framework for school enrolment that is designed to ensure that every child is treated fairly and that the way in which schools decide on applications for admission is structured, fair and transparent. The Act applies to recognised schools.

A school must establish and maintain an admission policy which provides for maximum accessibility to the school. The Board must publish the policy. It should set out the arrangements for admission of all categories of students.The principal is accountable to the board of management for the implementation of the admission policy of the school

The admission policy must ensure that as regards the policy follows principles of inclusion, equality and the right of parents to send their children to a school of the parents’ choice are respected and such directions as may be made from time to time by the Minister, having regard to the characteristic spirit of the school and the constitutional rights of all persons concerned, are complied with.

Discrimination

The admission policy of a school is to include a statement that the school shall not discriminate in its admission of a student to the school on the following grounds: gender, civil status, family status, sexual orientation, religion, disability, race, traveller community ground or the ground that the student or the applicant in respect of the student concerned has special educational needs.

Single sex schools may refuse admission to students who are not of the gender of the school. Schools whose objective is to provide education in an environment that promotes certain religious values, can admit a student of a particular religious denomination in preference to other students or such a school can refuse to admit a student who is not of that denomination, provided it can prove that such a refusal is essential to maintain the ethos of the school.

Admission Policy

The board shall draft, obtain patron approval for and publish an admission policy. It also sets out some mandatory requirements for a school’s admission policy, which include, inter alia:

setting out the characteristic spirit of the school;
including an admission statement as required ;
providing details of the school’s arrangements for students who do not wish to attend religious instruction
providing details of procedures for appealing a decision to refuse admission; setting out the procedures for admission of students after the commencement of the school year and to classes or years other than the school’s intake group;
including a statement that no fees or contributions can be requested as part of the admissions process, subject to an exception in the case of fees charged by schools known as fee charging schools, the boarding element of boarding schools and for post-leaving certificate courses insofar as those fees relate to the cost of providing such courses).

Admissions Policy

The 2022 Act require a schools to include a further statement in the admission statement which is part of their admission policy, setting out that the school shall co-operate with the NCSE (“the NCSE”) generally and in particular in relation to the provision and operation of a special class or classes when requested to do so and a further statement that the school shall co-operate with any Ministerial direction and any direction by the NCSE or Tusla.

Schools must establish and maintain an admission policy which provides for maximum accessibility to school, including to students with a disability or other special educational needs. There are additional functions for school boards relating to special educational needs. These functions require school boards to:

co-operate generally with the NCSE, and in particular by providing and operating special classes when requested to do so by the NCSE;
ensure that the admission policy of the school accommodates the admission of children with a disability or other special educational needs;
comply with any direction given to make provision for children with special educational needs and any direction served by the NCSE to admit a particular child.

Charging Admission and Enrolment Fees

The 2018 Act prohibits the charging of fees or seeking payment or contributions for an application for admission to a school or for the enrolment or continued enrolment of a student in a school. Exceptions are provided in the case of

fees charged by schools known as fee charging schools,
fees charged by boarding schools for the boarding element and
fees charged by schools for post leaving certificate courses insofar as those fees relate to the cost of providing such courses.

Regulations and Selection Criteria

The Minister may make regulations, following consultation with the relevant education stakeholders, for the purpose of the preparation and publication by schools of admission policies and the admission of students to schools.

This may include matters relating to the preparation, content, publication and review of school admission policies and procedures in relation to the admission process. Regulations may contain different provisions in relation to different categories of schools or different categories of students.

The Minister may prescribe selection criteria that schools shall be permitted to apply and/or selection criteria that schools shall be prohibited from applying in cases where the number of students seeking admission to the school is greater than the number of places available at the school.

The selection criteria that schools shall be prohibited from applying may include criteria based on the following:

a student’s prior attendance at a specified category or categories of pre-school or pre- school service;

the payment of fees or contributions to the school;
the occupation or financial status of the parents of a student;
a student’s academic ability, skills or aptitude;
a requirement that a student, or his or her parents, attend an interview, open day or other meeting as a condition of admission;
the date on which an application for admission was received by the school.

Co-operation between Boards

The Minister, following consultation with the patron(s) and boards of the schools concerned, to direct two or more boards to co-operate with each other in relation to their admission processes where the Minister considers that this would be in the best interests of students in an area or in order to accommodate students in the case of a school closure.

The Minister may set out procedures in relation to the co-operation and shall, following consultation with the patron(s) and the boards, specify the period of the direction. Such a direction may, following consultation with the patron(s) and the boards, be reviewed at any stage and may subsequently be cancelled, extended or amended.

Designation of school by Council or Child and Family Agency

The National Council for Special Education (NCSE) may designate a school for a child who has not been admitted to a school for reasons related to their special educational needs and for the Child and Family Agency to designate a school in the case of a child, other than a child to which an NCSE designation may apply, who has not been admitted to a school.

The Child and Family Agency should have regard when making a designation to certain criteria.

The Minister may establish an Appeals Committee to deal with appeals taken by a school against designations made by either the NCSE or the Agency or in relation to an appeal taken by a parent against a failure to designate. There is a process for hearing and providing notification of the outcome of any such appeals.

The Minister may, following consultation with the Minister for Children and Youth Affairs, the NCSE and the Child and Family Agency, make regulations to specify the time limits applicable to such appeals and to further set out the procedures to be followed by an appeals committee.

Direction to board and appointment of independent person by patron

A patron to issue a direction to a board if he or she is of the opinion that

the board has failed to prepare and publish an admission policy
the admission policy of the school does not comply with the Act of 1998 or
students are not being admitted to the school in accordance with the Act of 1998 or the admission policy of the school.

If the board fails to comply with the direction the patron may appoint an independent person to comply with the direction. Before a patron can issue a direction he/she must firstly issue a notice to the board informing them of his/her intention to issue a direction and provide the reasons for same, seek representations from the board, consider any representations made and where the patron considers the direction is still required he/she can proceed to issue the direction.

The direction shall set out the action to be taken by the board and where the patron subsequently is of the opinion that the board has failed to comply with the direction the patron may issue a notice to the board, informing them that he/she proposes to appoint an independent person and provide the reasons for same.

The board may make representations to the patron and where, following consideration of any representations made, the patron remains of the opinion that an independent person should be appointed to comply with the direction, the patron may inform the board and, subject to the consent of the Minister, appoint an independent person.

Direction to Board by Minister

The Minister may issue a direction to a board where the Minister is of the opinion that:

the board has failed to prepare and publish an admission policy;
the admission policy of the school does not comply with the Act of 1998, or
students are not being admitted to the school in accordance with the admission policy of the school or the Act of 1998.

Before the Minister can issue a direction he/she must firstly issue a notice to the board and the patron informing them of his/her intention to issue a direction and provide the reasons for same, seek representations from the board and the patron and consider any such representations.

If the Minister considers that he/she should proceed with issuing a direction the Minister will be required to nominate an authorised person to prepare a report and the authorised person will consider any representations made and set out what action, if any, he/she considers should be taken by the board. If after considering the report the Minister is of the opinion that a direction should be issued the Minister may issue the direction which shall, inter alia, set out the remedial action to be taken by the board and provide a copy of the report to the board.

Request to Patron by Minister

The Minister may request the patron to direct the board to comply with a direction and where the board has failed to comply with any such direction for the patron to appoint an independent person.

Before issuing a request the Minister must firstly issue a notice to the board and the patron stating that the Minister is of the opinion that the board has failed to comply with the direction and provide the reasons for his/her opinion. The board and the patron may make representations to the Minister and if, having considered any such representations, the Minister remains of the opinion that the direction has not been complied with the Minister may request the patron to direct the board to comply with the direction.

If, after directing the board to comply with the direction, the patron is of the opinion that the board hasn’t complied with the direction, the patron shall notify the board of same and that the patron proposes appointing an independent person. The board will be provided with an opportunity to make representations to the patron and if, having considered any such representations, the patron remains of the opinion that the direction has not been complied with, the patron shall appoint an independent person, subject to the consent of the Minister, to comply with the direction.