Changes to admission policies for schools
Aibreán 11, 2013
Update by Linda Hynes, employment lawyer with Leman Solicitors and specialist in education law.
Following on from Minister Quinn’s 2011 discussion document on the overhaul of admissions policies for schools, the Minister for Education and Skills appears to be moving along with his proposed changes.
At the teacher conferences at Easter, Minister Quinn revealed his plans to put an end to policies that he sees as restrictive and hindering of enrolment in at least 20 per cent of schools at both primary and post primary level. In his speeches, Minister Quinn referred to the Education Act 1998 and to its purpose to provide for maximum accessibility to schools through inclusive admissions policies.
Current legislation
Section 9 of the Education Act 1998 sets out the statutory duty of a school, provides that one of the duties is to
‘….establish and maintain an admissions policy which provides for maximum accessibility to the school’.
The Education (Welfare) Act 2000 provides that if a school refuses an application by a student, the refusal can only be in accordance with its admissions policy.
Section 29 of the Education Act provides a mechanism whereby applicants who have been refused enrolment in a school can be appealed to Section 29 Appeal Committees. Much of the case law in the area of admissions has come from judicial review application against the decisions of the Section 29 Appeal Committees to the High Court by the school’s board of management.
Proposed legislation
It is likely that legislation will be required in order to implement the new proposals. Minister Quinn has advised that the draft heads of legislation will be brought to Government shortly for review. The bill will be called the Education (Admission to School) Bill 2013.
The Minister has also stated that he will be publishing draft regulations alongside the Bill which will be put in place once the Bill is enacted. These regulations should provide more ‘meat on the bones’ of the provisions contained in the Bill. The Department has advised that drafting of the Heads of Bill is underway and is at an early stage so it is unclear when the Bill will be published.
The Minister has stated that the aim of the proposed framework is to ensure that every child is treated fairly and that every child has a place at school. If the proposals are implemented, Irish school enrolment processes will move into a similar sphere to that used in the UK.
Proposals for changes to admission policies
Application Fees
Minister Quinn has been very clear that schools will no longer be able to charge parents for applications made to schools seeking to secure a place for their child. Historically, some fee paying schools have charged parents non-refundable application fees of up to €1,000 per application.
This proposal will have two potential effects – firstly, a reduction in the revenue generated by such schools and secondly, the non-refundable fee will no longer be a deterrent to some families who may be considering applying to these schools for places.
Application Process
Minister Quinn has also come down hard on practices whereby schools require parents and their children to attend school open days as part of the application procedure. Minister Quinn is also very critical of the inclusion of compulsory interviews for parents and children in application procedures. It is likely that the draft legislation will significantly curtail these practices.
Past Pupils
Following on from Minister Quinn’s announcement and the proposals outlined in the previous discussion paper, it is likely that the policy of giving preferential treatment to pupils based on their siblings or parents having attended the school will be done away with. This will be a complete change for some schools’ enrolment policies.
First Come First Served
The Minister has stated that although, on the face of it, first come first served policies seem fair, they do in fact cause indirect disadvantages for some families. The Minister gave the example of a family that has moved from one area of the country to another. Such families can be excluded from certain schools because they were not there first to apply.
Waiting List
The previous discussion paper indicated the possibility that waiting lists should only be open a year before enrolment. For the most highly sought after schools where demand exceeds supply, this could mean a virtual lottery to get into the school the year before enrolment. The Minister, in his announcements, has again stated that he intends to radically reduce waiting lists where they arise. It is suggested that the regulations will deal with this issue but the Minister has stated that there will be a transition period to assist schools in implementing the changes required. It is hoped that the draft bill and regulations will give more guidance on how this issue will be dealt with.
Advice for Schools
Schools will need to be mindful of any new regulatory framework arising out of the Minister’s announcement and should carefully review any Department circulars and statements on the proposals. Both the proposed bill and regulations will be published to allow for public discussion on the issue. Schools, management bodies and representative bodies should use this opportunity to make any views and suggested amendments known. Forward planning is the best way to smoothly introduce these changes.
The proposed framework may present a considerable challenge to some schools in deciding their admissions policy and particularly schools that are already considerably oversubscribed. Schools and their management bodies will need to undertake a review of their admissions policies and ensure that they are amended to accurately reflect the new framework once it is implemented. A failure to update and apply policies in line with the new provisions will leave schools open to legal challenge on any refusal to enroll a student contrary to the new framework. Parents will be extremely interested in the new framework and are likely to be very aware of the proposed changes particularly in areas that are already oversubscribed.
It is hoped that the new legislation will provide more streamlined processes on how schools and parents can deal with admissions issues outside of the process provided for in Section 29.
Linda Hynes and her team advise on all aspects of the employment relationship and on all education law matters.
www.educationmatters.ie
