Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697803600806.pdf (Ireland)
An Coiste um Oideachas, Breisoideachas agus Ardoideachas, Taighde, Nuálaíocht agus Eolaíocht Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 Márta 2022 Joint Committee on Education, Further and Higher Education, Research, Innovation and Science Report on Detailed Scrutiny of the Education (Admission to Schools) Bill 2020 March 2022 33/ES/08 Report on Detailed Scrutiny of the Education (Admissions to School) Bill 2020 MEMBERSHIP Rose Conway-Walsh TD Alan Farrell TD Fine Gael Paul Kehoe TD Fine Gael Sinn Féin (Cathaoirleach) Carol Nolan TD Jim O’Callaghan TD Marc O Cathasaigh TD Independent Fianna Fáil Green Party Donnchadh Ó Laoghaire Aodhán Ó Ríordáin TD Pádraig O’Sullivan TD TD Sinn Féin Labour Party Fianna Fáil Page 1 of 25 Page 1 of 25 Report on Detailed Scrutiny of the Education (Admission to Schools) Bill, 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 Senator Aisling Dolan Senator Eileen Flynn Senator Rónán Mullen Fine Gael Independent Independent Senator Fiona O’Loughlin Senator Pauline O’Reilly Fianna Fáil (Leas- Green Party Cathaoirleach) Page 2 of 25 Page 2 of 25 Tuarasc il maidir le Grinnscr d Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), Report on Detailed Scrutiny of the Education (Admissions to School) Bill 2020 2020 Senator Aisling Dolan Senator Eileen Flynn Senator Rónán Mullen Fine Gael Independent Independent Senator Fiona O’Loughlin Senator Pauline O’Reilly Fianna Fáil (Leas- Green Party Cathaoirleach) CATHAOIRLEACH’S FOREWORD The General Scheme of the Education (Admission to Schools) Bill 2020 was a Private Member’s Bill sponsored by Mr. Aodhán Ó Ríordáin, T.D., of the Labour Party, in November 2020 and subsequently referred to the Joint Committee on Education, Further and Higher Education, Research for the purposes of Pre-Legislative Scrutiny.
The Committee invited a range of stakeholders to make written submissions on the Bill.

School Management, Representative Bodies, Parent’s Groups and other relevant organisations and an academic expert gave oral evidence at meetings on 1 February and 8 February 2022.

The Committee also sought a written briefing note from Ms. Norma Foley TD, Minister for Education and commentary notes from Gaeloideachas and An Foras Patrúnachta.
The Committee considers this Bill a fundamentally important in terms of ensuring equity and access in the admissions policies of Irish schools.

The proposed deletion would remove a discriminatory barrier to many students and their parents in accessing a local school of their choice.

The Joint Committee expresses its gratitude to all those who came before the Joint Committee to give evidence and to those who submitted written material.
The Joint Committee is also very grateful to Mr. Shane Burke, Senior Researcher, Oireachtas Library and Research Service, for the extensive research conducted.

It assisted greatly in the production of the Report.
Page 2 of 25 Page 3 of 25 Page 3 of 25 Report on Detailed Scrutiny of the Education (Admission to Schools) Bill, 2020 Page 4 of 25 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 Page 4 of 25 On 1 March 2022, the report was agreed to be published by the Committee.

Paul Kehoe T.D., Cathaoirleach, Joint Committee on Education, Further and Higher Education, Research, Innovation and Science.
1 March 2022 Tuarasc il maidir le Grinnscr d Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 Report on Detailed Scrutiny of the Education (Admissions to School) Bill 2020 Table of Contents MEMBERSHIP ........................................................................................................... 1 CATHAOIRLEACH’S FOREWORD .......................................................................... 3 EXECUTIVE SUMMARY .................................................................................................................... 6 KEY RECOMMENDATION ................................................................................................................. 7 OTHER RECOMMENDATIONS ......................................................................................................... 7 CHAPTER 1 – INTRODUCTION ............................................................................... 8 INTRODUCTION ................................................................................................................................. 8 CURRENT LEGISLATIVE CONTEXT ............................................................................................ 8 RATIONALE FOR THE BILL........................................................................................................... 9 GOVERNMENT RESPONSE TO THE BILL ................................................................................... 9 STAKEHOLDERS VIEWS AND ACADEMIC COMMENTARY .................................................... 10 IMPLICATIONS AND IMPLEMENTATION OF THE BILL’S PROPOSALS .................................. 12 CHAPTER 2 – WRITTEN AND ORAL EVIDENCE ON THE DETAILED SCRUTINY OF THE EDUCATION (ADMISSION TO SCHOOLS) BILL 2020 ............................ 14 WRITTEN EVIDENCE FROM SUBMISSIONS ................................................................................. 14 ORAL EVIDENCE FROM HEARINGS ............................................................................................. 17
17 SUMMARY ........................................................................................................................................ 19 CHAPTER 3 – RECOMMENDATIONS .................................................................... 20 APPENDIX 1: ORAL EVIDENCE ............................................................................ 21 APPENDIX 2: BRIEFING NOTE FROM MS NORMA FOLEY, TD, MINISTER FOR EDUCATION ............................................................................................................ 21 APPENDIX 3: ACADEMIC POLICY ARTICLES ..................................................... 25 Page 5 of 25 Page 5 of 25 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 Page 4 of 25 On 1 March 2022, the report was agreed to be published by the Committee.
Paul Kehoe T.D., Cathaoirleach, Joint Committee on Education, Further and Higher Education, Research, Innovation and Science.

1 March 2022 Report on Detailed Scrutiny of the Education (Admission to Schools) Bill, 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 EXECUTIVE SUMMARY 1.
When the demand for places in a school is greater than the number of places available, that school is said to be “oversubscribed.” Oversubscribed schools may apply selection criteria, provided it is in keeping with the provisions of the Education (Admission to Schools) Act 2018.

2.
2.

Selection criteria may include the catchment area, whether a sibling has attended the school, if a parent is a member of the school’s staff or if a parent or grandparent has attended the school (to a maximum of 25% of available places).

This latter criterion is provided for by s.62 (10) (b) of the Education (Admission to Schools) Act 2018.

3.

The Education (Admission to Schools) Bill 2020, if enacted, would delete s.62(10)(b).
The effect of this would be that schools, when oversubscribed, would no longer be able to give priority to children of parents or grandparents who attended the school.

4.

The Bill’s sponsor explained, during Second Stage debate, that the derogation allowing children of past pupils to have priority, puts many students, particularly those already vulnerable, at a distinct disadvantage.
Other bodies have also criticised this policy, such as the Irish Human Rights and Equality Commission (IHREC), the Ombudsman for Children’s Office (OCO), Pavee Point and Roma Centre.

5.

Some stakeholders have stated that the derogation is important for fostering links between parents and the school community.

6.

The Government did not oppose the Bill at Second Stage on 5 November 2020, but the Minister put forward an amendment, to allow time to review the use of admission criteria, by schools.
The amendment states that the Bill would be read a second time in 12 months, to allow for a review of the impact of the new school admission policies.
The time limit on this Review passed and, accordingly, Deputy Page 6 of 25 Page 6 of 25 Tuarasc il maidir le Grinnscr d Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), Report on Detailed Scrutiny of the Education (Admissions to School) Bill 2020 2020 EXECUTIVE SUMMARY 1.
When the demand for places in a school is greater than the number of places available, that school is said to be “oversubscribed.” Oversubscribed schools may apply selection criteria, provided it is in keeping with the provisions of the Education (Admission to Schools) Act 2018.

2.
2.

Selection criteria may include the catchment area, whether a sibling has attended the school, if a parent is a member of the school’s staff or if a parent or grandparent has attended the school (to a maximum of 25% of available places).

This latter criterion is provided for by s.62 (10) (b) of the Education (Admission to Schools) Act 2018.

3.

The Education (Admission to Schools) Bill 2020, if enacted, would delete s.62(10)(b).
The effect of this would be that schools, when oversubscribed, would no longer be able to give priority to children of parents or grandparents who attended the school.

4.

The Bill’s sponsor explained, during Second Stage debate, that the derogation allowing children of past pupils to have priority, puts many students, particularly those already vulnerable, at a distinct disadvantage.
Other bodies have also criticised this policy, such as the Irish Human Rights and Equality Commission (IHREC), the Ombudsman for Children’s Office (OCO), Pavee Point and Roma Centre.

Ó Ríordáin was entitled to bring it to Second Stage again, which he did on 11 November 2021.

7.

The Bill, if enacted, will only impact schools that are oversubscribed.

It is estimated that 20% of schools in Ireland are oversubscribed.

KEY RECOMMENDATION 1.


The Committee Recommends that the paragraph in s.62 (10) (b) is deleted and the Bill proceeds without further delay to ensure the legislation is enacted expeditiously.

In addition, it recommends that the Department of Education informs all School Principals when it is enacted and instructs them to remove the Provision, where it is used, with immediate effect.

OTHER RECOMMENDATIONS 2.


School Admissions Policies must ensure that they are not discriminatory to any student, whether due to ethnicity, place of birth, the presence or absence of special educational needs; being from same-sex or single parent families or the prior educational attainment of their family; 3.
The Department of Education should establish an Expert Steering Group to review School Admissions Policies to include Compilation and Disaggregaton of Data on all School Admissions, Students with Special Educational Needs, Timeline of School Place Offers and Acceptance, Sibling Allocations and Shared Admissions Policies; 5.

Some stakeholders have stated that the derogation is important for fostering links 4.
Equity of access for local children should be a priority in all Admissions between parents and the school community.

Policies; 6.

The Government did not oppose the Bill at Second Stage on 5 November 2020, but the Minister put forward an amendment, to allow time to review the use of admission criteria, by schools.

The amendment states that the Bill would be read a second time in 12 months, to allow for a review of the impact of the new school admission policies.
The time limit on this Review passed and, accordingly, Deputy 5.

The Department of Education should publish a Programme on Future Investment in Schools to address the issue of over-subscription in schools and ensure there is sufficient capacity in schools through infrastructural investment; 6.
The Department of Education should address the anomoly that fee-paying schools are not allowed to have Special or Autism Spectrum Disorder classes, as a matter of urgent priority; Page 6 of 25 Page 7 of 25 Page 7 of 25 Report on Detailed Scrutiny of the Education (Admission to Schools) Bill, 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 CHAPTER 1 – INTRODUCTION INTRODUCTION 8.
The Education (Admission to Schools) Bill 2020 reached Second Stage in Dáil Éireann on 5 November 2020.

The Bill is sponsored by Mr. Aodhán Ó Ríordáin, T.D., of the Labour Party.

The Joint Committee on Education, Further and Higher Education, Research, Innovation and Science (the Committee) has decided to conduct scrutiny of the Bill.

9.
9.

The Government did not oppose the Bill at Second Stage on 5 November 2020, but the Minister put forward an amendment, to allow time to review the use of admission criteria, by schools.

10.

The amendment states that the Bill would be read a second time in 12 months, to allow for a review of the impact of the new school admission policies.

The time limit on this Review passed and, accordingly, Deputy Ó Ríordáin was entitled to bring it to Second Stage again, which he did on 11 November 2021.
CURRENT LEGISLATIVE CONTEXT 11.

When the demand for places in a school is greater than the number of available places, that school is said to be “oversubscribed.” It is estimated that 20% of schools in Ireland are oversubscribed.1 Oversubscribed schools may apply selection criteria, so long as it is in keeping with the provisions of the Education (Admission to Schools) Act 2018.

12.
At present, s.62 (10) (b) of the Education (Admission to Schools) Act 2018 states that where a school is oversubscribed: “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 1 Dáil Éireann Debate - School admissions, 22 June 2016 Page 8 of 25 Page 8 of 25 Tuarasc il maidir le Grinnscr d Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), Report on Detailed Scrutiny of the Education (Admissions to School) Bill 2020 2020 places as set out in the school’s annual admission notice for the school year concerned.” 13.
Section 29 of the Education Act, 1998 provides for an appeal in cases where a student has been refused admission to a school, on the grounds that the school is oversubscribed.2 In 2020 there were 389 section 29 appeals.

Of these 209 proceeded to a hearing and 64 were upheld at the hearing.3 These appeals are for all situations where a child was refused a place due to over-subscription.
The criterion that was used to determine their place on the list is not specified, so we cannot say how many of these were due to the implementation of s.62 (10) (b).

9.

The Government did not oppose the Bill at Second Stage on 5 November 2020, but the Minister put forward an amendment, to allow time to review the use of RATIONALE FOR THE BILL 14.

The Bill, if enacted, would delete paragraph (b) of s.62 (10).
The effect of this would be that schools, when oversubscribed, would no longer give priority to children of parents or grandparents who attended the school (up to 25% of available places).

15.

The Bill’s sponsor has stated that the Bill seeks to remove what he describes as an elitist provision in the Act, which he claims is the result of lobbying by certain schools.
The sponsor stated that the purpose of the Bill is: “…to ensure that when students or families present themselves to a second level school or to any school in this country, they can do so on the selection criteria, so long as it is in keeping with the provisions of the Education same basis.” GOVERNMENT RESPONSE TO THE BILL 16.

The Government did not oppose the Bill.

However, at Second Stage4 the Minister for Education, Ms Norma Foley, T.D.
stated that the timing of the Bill would have unintended consequences for schools that are currently undertaking their admission processes for the 2021-22 school year.

The Minister stated that the Act 2 Department of Education.

(2020).
(2020).

Appeals in relation to refusal to admit a student due to a school being oversubscribed 3 Dáil Éireann Debate – School Enrolments, 3 February 2021 4 See https://www.oireachtas.ie/en/debates/debate/dail/2020-11-05/24/ Page 8 of 25 Page 9 of 25 Page 9 of 25 CHAPTER 1 – INTRODUCTION INTRODUCTION 8.

The Education (Admission to Schools) Bill 2020 reached Second Stage in Dáil Éireann on 5 November 2020.

The Bill is sponsored by Mr. Aodhán Ó Ríordáin, T.D., of the Labour Party.
The Joint Committee on Education, Further and Higher Education, Research, Innovation and Science (the Committee) has decided to conduct scrutiny of the Bill.

admission criteria, by schools.

10.

The amendment states that the Bill would be read a second time in 12 months, to allow for a review of the impact of the new school admission policies.

The time limit on this Review passed and, accordingly, Deputy Ó Ríordáin was entitled to bring it to Second Stage again, which he did on 11 November 2021.
CURRENT LEGISLATIVE CONTEXT 11.

When the demand for places in a school is greater than the number of available places, that school is said to be “oversubscribed.” It is estimated that 20% of schools in Ireland are oversubscribed.1 Oversubscribed schools may apply (Admission to Schools) Act 2018.

12.
At present, s.62 (10) (b) of the Education (Admission to Schools) Act 2018 states that where a school is oversubscribed: “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 1 Dáil Éireann Debate - School admissions, 22 June 2016 Report on Detailed Scrutiny of the Education (Admission to Schools) Bill, 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 requires any changes to a school's admission policy to undergo consultation and patron approval process before the policy can be published by the school.
17.

In addition, the Minister stated that it is currently unknown how many schools will choose to use the criterion which the Bill proposes to remove, as it will only be operational in September 2021.

The Minister stated: “There is no evidence available at this time that indicates that the provision the Bill before the House is proposing to delete is subject to widespread use, or indeed that any difficulties are posed for those seeking admission to schools where it is in use.” 18.
The Minister put forward an amendment, to allow time to review the use of admission criteria, by schools.

The amendment states:5 "Dáil Éireann resolves that the Education (Admission to Schools) Bill 2020 be deemed to be read a second time this day 12 months to allow for a review of the impact of the provision of section 62 (10) (b) of the Education (Admission to Schools) Act 2018 to be undertaken and for that then to be taken into account in the consideration of this Bill."

19.
19.

The time limit on this Review passed and, Deputy Ó Ríordáin brought it to Second Stage again on 11 November 2021.

STAKEHOLDERS VIEWS AND ACADEMIC COMMENTARY 20.

This section mainly draws from stakeholder submissions and observations in relation to the General Scheme of the Education (Admission to Schools) Bill 2013 (and associated draft regulations), and the Education (Admission to Schools) Bill 2016.

The provision which is at the centre of this Bill, i.e.
that schools would give priority to children of parents or grandparents who attended the school (up to 25% of available places), was the subject of much commentary when the Education (Admission to Schools) Bill 2013 and associated draft regulations, and the Education (Admission to Schools) Bill 2016 were passed.
For instance, the Joint 5 See https://www.oireachtas.ie/en/debates/debate/dail/2020-11-11/32/ Page 10 of 25 Page 10 of 25 Tuarasc il maidir le Grinnscr d Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), Report on Detailed Scrutiny of the Education (Admissions to School) Bill 2020 2020 requires any changes to a school's admission policy to undergo consultation and Committee on Education and Social Protection in their report, published in March patron approval process before the policy can be published by the school.
2014, recommended that:6 17.

In addition, the Minister stated that it is currently unknown how many schools will choose to use the criterion which the Bill proposes to remove, as it will only be operational in September 2021.
The Minister stated: “In relation to the proposed derogation in the draft regulations to allow schools, in certain circumstances, to give priority to children of past pupils, the Committee considers that there should be no such derogation and that a school should not be permitted to give priority to a student on the “There is no evidence available at this time that indicates that the provision grounds that he or she is the son or daughter of a former student of the the Bill before the House is proposing to delete is subject to widespread school.” use, or indeed that any difficulties are posed for those seeking admission to schools where it is in use.” 18.
The Minister put forward an amendment, to allow time to review the use of admission criteria, by schools.

The amendment states:5 21.

The Department’s response to this recommendation was that:7 “At present, the Admissions Bill is silent in relation to any power to determine or regulate a limitation on providing priority for children of past pupils where a school is oversubscribed either by setting a percentage or "Dáil Éireann resolves that the Education (Admission to Schools) Bill 2020 otherwise.
The Minister considers that in bringing the Bill through the be deemed to be read a second time this day 12 months to allow for a Oireachtas, there will be opportunities for members to raise and fully review of the impact of the provision of section 62 (10) (b) of the Education debate this matter, which can be dealt with in primary legislation by way of (Admission to Schools) Act 2018 to be undertaken and for that then to be an amendment to the Bill.” 19.
The time limit on this Review passed and, Deputy Ó Ríordáin brought it to the provision of prioritising children and grandchildren of past pupils, in its 22.

The Irish Human Rights and Equality Commission (IHREC) (2016) considered publication, and recommended that admission policies should be prohibited from using a connection with a former student of the school.
IHREC (2016) states:8 “The application of a rule by some schools that gives preference in admission to the children of parents inevitably will result in the segregation of Travellers into other schools.

In addition, the children of immigrants will also be ‘segregated out of’ schools that apply such a rule.” 6 Oireachtas Library & Research Service.

(2016).

Bill Digest: Education (Admission to Schools) Bill 2016.

7 Ibid 8 Irish Human Rights and Equality Commission.

(2016).
(2016).

Observations on the Education (Admission to Schools) Bill 2016.

Page 10 of 25 Page 11 of 25 Page 11 of 25 taken into account in the consideration of this Bill."

Second Stage again on 11 November 2021.

STAKEHOLDERS VIEWS AND ACADEMIC COMMENTARY 20.

This section mainly draws from stakeholder submissions and observations in relation to the General Scheme of the Education (Admission to Schools) Bill 2013 (and associated draft regulations), and the Education (Admission to Schools) Bill 2016.
The provision which is at the centre of this Bill, i.e.

that schools would give priority to children of parents or grandparents who attended the school (up to 25% of available places), was the subject of much commentary when the Education (Admission to Schools) Bill 2013 and associated draft regulations, and the Education (Admission to Schools) Bill 2016 were passed.
For instance, the Joint 5 See https://www.oireachtas.ie/en/debates/debate/dail/2020-11-11/32/ Report on Detailed Scrutiny of the Education (Admission to Schools) Bill, 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 23.
As cited in the L&RS (2016) Bill Digest, Co-Director of Pavee Point, Mr Martin Collins, said of the Supreme Court ruling to reject an appeal made by a member of the Traveller community (whose son had been denied a place in secondary school, in the context that children of past pupils had been prioritised):9 “There is no doubt that policies like this are obstacles to accessing education...and have particularly negative impacts on the Traveller community.” 24.
In May 2018 the then Ombudsman for Children, Dr Niall Muldoon, said there was no justifiable reason for schools to give priority to students of former pupils.

He said that such a policy could discriminate between travellers, immigrants, as well as families new to an area.10 Prioritising children and relations of past pupils hinders these students’ access to education, and ultimately promotes segregation.

25.
25.

However, some commentators opposed attempts to end the practice of prioritising children of past pupils, arguing that it: “represents nothing short of ideologically motivated vandalism of our education sector.”11 Other commentators speculated that it may weaken the relationship between schools and parents.12 IMPLICATIONS AND IMPLEMENTATION OF THE BILL’S PROPOSALS 26.
The Bill if enacted, would mean that schools, which are oversubscribed, can no longer give up to 25% of available places to children, or grandchildren of past pupils.

As people who are new to a locality are unlikely to have a parent or grandparent that attended the local school, such newcomers may lose out on places under this criterion.

27.

Removing the criterion should, therefore, as the sponsor suggests, help to create an admissions policy that does not put these pupils at a disadvantage.
An 9 Irish Examiner, 25 February 2015 – Traveller case ruling ‘condemns children’.
10 Irish Times, 9 May 2018 - Ombudsman says no justifiable reason to maintain ‘old school tie’ admissions 11 Irish Times, 7 April 2015, School management body ‘very concerned’ at admissions policy 12 Irish Independent, 10 April 2015, New admission policies could discourage vital parent involvement in schools Page 12 of 25 Page 12 of 25 Tuarasc il maidir le Grinnscr d Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), Report on Detailed Scrutiny of the Education (Admissions to School) Bill 2020 2020 23.
As cited in the L&RS (2016) Bill Digest, Co-Director of Pavee Point, Mr Martin alternative approach would be to reduce the impact of the past pupil derogation by Collins, said of the Supreme Court ruling to reject an appeal made by a member reducing the percentage of available places available under this criterion from of the Traveller community (whose son had been denied a place in secondary 20% to 10% for example, as was formerly proposed.
There is no official data school, in the context that children of past pupils had been prioritised):9 available on the use of this criterion.

“There is no doubt that policies like this are obstacles to accessing education...and have particularly negative impacts on the Traveller community.” 24.

In May 2018 the then Ombudsman for Children, Dr Niall Muldoon, said there was no justifiable reason for schools to give priority to students of former pupils.
He said that such a policy could discriminate between travellers, immigrants, as well as families new to an area.10 Prioritising children and relations of past pupils hinders these students’ access to education, and ultimately promotes segregation.

25.
25.

However, some commentators opposed attempts to end the practice of prioritising children of past pupils, arguing that it: “represents nothing short of ideologically motivated vandalism of our education sector.”11 Other commentators speculated that it may weaken the relationship between schools and parents.12 IMPLICATIONS AND IMPLEMENTATION OF THE BILL’S PROPOSALS 26.
The Bill if enacted, would mean that schools, which are oversubscribed, can no longer give up to 25% of available places to children, or grandchildren of past pupils.

As people who are new to a locality are unlikely to have a parent or grandparent that attended the local school, such newcomers may lose out on places under this criterion.

27.

Removing the criterion should, therefore, as the sponsor suggests, help to create an admissions policy that does not put these pupils at a disadvantage.

An 28.
An 28.

The Bill would have no implications for schools that are not oversubscribed, as such schools must take all students.

29.

Some stakeholders have argued that this provision helps to create links between parents and the school community, as it maintains a connection between generations.

There is no evidence to support or refute this in the literature.
However, research shows that the school community is an important means of integration for migrant families.13 This provision hinders access for migrants with no relations in the school to enter and thus, benefit from school communities.

Among factors that do encourage parental involvement in schools are specific invitations from teachers, and a generally welcoming school environment.14 30.
Witnesses highlighted that prioritising children and relations of past pupils contravenes Article 28 of the UN Convention on the Rights of the Child, which: “…recognises children’s right to education and provides that states must achieve this right on the basis of equal opportunity.” 9 Irish Examiner, 25 February 2015 – Traveller case ruling ‘condemns children’.
10 Irish Times, 9 May 2018 - Ombudsman says no justifiable reason to maintain ‘old school tie’ 11 Irish Times, 7 April 2015, School management body ‘very concerned’ at admissions policy 12 Irish Independent, 10 April 2015, New admission policies could discourage vital parent involvement admissions in schools 13 Kindler et al.

(2015).

Social networks, social capital and migrant integration at local level: European Literature Review.

University of Birmingham.

14 Anderson, K.J.

and Minke, K.M.

(2010).


Parent Involvement in Education: Toward an Understanding of Parents' Decision Making.
The Journal of Educational Research, 100:5, 311-323, DOI: 10.3200/JOER.100.5.311-323 Page 12 of 25 Page 13 of 25 Page 13 of 25 Report on Detailed Scrutiny of the Education (Admission to Schools) Bill, 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 CHAPTER 2 – WRITTEN AND ORAL EVIDENCE ON THE DETAILED SCRUTINY OF THE EDUCATION (ADMISSION TO SCHOOLS) BILL 2020 WRITTEN EVIDENCE FROM SUBMISSIONS 31.
The Association of Community and Comprehensive Schools (ACCS) consulted with their member schools to learn how often s.62 (10) (b) is used.

The table outlining the results of their survey is included in Table 2.

The table shows that over a quarter of schools surveyed use this criterion.

Of the fourteen schools that were oversubscribed, six included a selection criterion based on a parent having previously attended the school.
While the ACCS report that this represents almost 9% of the schools it surveyed, this translates to over 40% of the oversubscribed schools that it surveyed.

Table 2 Results of the ACCS survey of its members’ schools 1.

Does your Admission Policy include a selection criterion based on a parent or grandparent having previously attended the school?

Yes No nineteen schools 28.36% forty-eight schools 71.64% 2.

Was your school oversubscribed for the 2021/22 school year?
Fourteen of the sixty-seven schools identified as oversubscribed representing 20.90% Source: ACCS (2022) 32.

The ACCS in their submission to the Committee writes: “With regard to the Education (Admission to Schools) Bill 2020, ACCS, following consultation with members schools, notes the observation of Judge Teehan that “school boards who frame admissions policies, seek to strike a balance between legitimate competing interests”.
In considering the proposed amendment we need to ensure that the role of school Boards in seeking to strike such a balance between legitimate competing interests is not removed.” Page 14 of 25 Page 14 of 25 Tuarasc il maidir le Grinnscr d Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), Report on Detailed Scrutiny of the Education (Admissions to School) Bill 2020 2020 CHAPTER 2 – WRITTEN AND ORAL EVIDENCE ON THE DETAILED SCRUTINY OF THE EDUCATION (ADMISSION TO SCHOOLS) BILL 2020 WRITTEN EVIDENCE FROM SUBMISSIONS 31.
The Association of Community and Comprehensive Schools (ACCS) consulted with their member schools to learn how often s.62 (10) (b) is used.

The table outlining the results of their survey is included in Table 2.

The table shows that over a quarter of schools surveyed use this criterion.

Of the fourteen schools that were oversubscribed, six included a selection criterion based on a parent having previously attended the school.
While the ACCS report that this represents almost 9% of the schools it surveyed, this translates to over 40% of the oversubscribed schools that it surveyed.

Table 2 Results of the ACCS survey of its members’ schools 1.

Does your Admission Policy include a selection criterion based on a parent or grandparent having previously attended the school?

Yes No nineteen schools 28.36% forty-eight schools 71.64% Source: ACCS (2022) 32.
The ACCS in their submission to the Committee writes: “With regard to the Education (Admission to Schools) Bill 2020, ACCS, following consultation with members schools, notes the observation of Judge Teehan that “school boards who frame admissions policies, seek to strike a balance between legitimate competing interests”.

In considering the proposed amendment we need to ensure that the role of school Boards in seeking to strike such a balance between legitimate competing interests is not removed.” 33.
Education and Training Boards Ireland (ETBI) states that even though it does not believe s.62 (10) (b) is widely used among its members: “The parent or grandparent criterion is a cause of concern and ETBI has no difficulty if it were not permitted to be a criterion.” 34.

The ETBI stresses that if the criterion is removed, it should be removed for every school.

35.
35.

The JMB states, in its submission, that the parent/grandparent criterion is included in the oversubscription criteria by schools in all sectors.

The JMB states that though the criterion is widely included in admission policies, very few schools reach the cap of 25% of the total places that can be offered.
The JMB state that: “… it would support regulations being made under this section, which would provide clarity for parents and schools and ease oversubscription and the associated administrative demands in schools.” 36.

The National Association of Boards of Management for Special Education (NABMSE) supports the removal of s.62 (10)(b) as its presence, if applied to special schools: 2.

Was your school oversubscribed for the 2021/22 school year?
“…would be contrary to the centrality of the child’s specific needs in the Fourteen of the sixty-seven schools identified as oversubscribed representing 20.90% enrolment process.” 37.

The National Association of Principals and Deputy Principals (NAPD)’s submission states that while there is a value in s.62 (10) (b), in terms of protecting the school’s tradition, removing the provision will lead to greater equality.

NAPD writes: “Deleting s.62 (10) (b) will open schools to all.
The refugee family who have just arrived in a town through no fault of their own; the business person who has relocated and opened up a business employing locals can send their children to the school while the child or grandchild of a past student has the same opportunity.” Page 14 of 25 Page 15 of 25 Page 15 of 25 Report on Detailed Scrutiny of the Education (Admission to Schools) Bill, 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 38.
The Irish Primary Principals’ Network (IPPN)’s submission did not explicitly agree or disagree with the proposal to delete s.62 (10) (b).

However, they state that the IPPN fully supports equitable access to school for all children.

They believe that ensuring that priority is given to children living in the catchment area of a school is the fair and equitable approach to school admissions and siblings must have equal status to children living within the catchment area.
They called on the Committee to discuss broader issues affecting oversubscription, such as school choice.

It recommended wider use of shared admission policies.

39.

The Irish Human Rights and Equality Commission (IHREC) has consistently argued that s.62 (10) (b) is discriminatory.

In their submission to the Committee IHREC states that the UN Committee on the Rights of the Child also considers the policy to be discriminatory.
IHREC are concerned that s.62 (10) (b) will act as a barrier for Travellers, immigrants and people with disabilities.

IHREC write: “The Commission has consistently recommended that legislation on school admissions should prohibit the use of a connection with a former student of the school as a criterion in the admission of a student.” 40.
The Ombudsman for Children, Dr Niall Muldoon, told the Committee on 8 February 2022 that: “Putting children without an intergenerational connection with a school at a disadvantage to those with such a link is discrimination by treating children differently when they are trying to access their education.” 41.

A summary of stakeholders’ views on the proposal to remove s.62 (10) (b) is contained in Table 2.
Page 16 of 25 Page 16 of 25 Tuarasc il maidir le Grinnscr d Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), Report on Detailed Scrutiny of the Education (Admissions to School) Bill 2020 2020 38.

The Irish Primary Principals’ Network (IPPN)’s submission did not explicitly agree or disagree with the proposal to delete s.62 (10) (b).
However, they state that the Table 2 Summary of stakeholder views expressed to the Committee IPPN fully supports equitable access to school for all children.

They believe that ensuring that priority is given to children living in the catchment area of a school is the fair and equitable approach to school admissions and siblings must have equal status to children living within the catchment area.
They called on the Committee to discuss broader issues affecting oversubscription, such as school Group In favour of deleting s.62 (10)(b)?

Association of Community and Comprehensive Schools Not specified (ACCS) choice.

It recommended wider use of shared admission policies.

Education and Training Boards Ireland (ETBI) 39.

The Irish Human Rights and Equality Commission (IHREC) has consistently Joint Managerial Body (JMB) Yes No argued that s.62 (10) (b) is discriminatory.
In their submission to the Committee National Association of Boards of Management for Special Yes IHREC states that the UN Committee on the Rights of the Child also considers the Education (NABMSE) policy to be discriminatory.

IHREC are concerned that s.62 (10) (b) will act as a barrier for Travellers, immigrants and people with disabilities.
IHREC write: National Association of Principals and Deputy Principals Yes (NAPD) “The Commission has consistently recommended that legislation on Irish Primary Principals’ Network (IPPN) Not specified Irish Human Rights and Equality Commission (IHREC) Yes Ombudsman for Children’s Office National Parents Council Primary Yes Yes National Parents Council Post-Primary Not specified Barnardo’s Yes Dr. David Doyle (Associate Professor of Law, Maynooth Yes University) L&RS 2022 41.
A summary of stakeholders’ views on the proposal to remove s.62 (10) (b) is ORAL EVIDENCE FROM HEARINGS 42.

The Committee invited key stakeholders to discuss the provisions of the Bill.

During these oral hearings on 1 and 8 February 2022 no stakeholders who met with the Committee gave explicit support for retaining s.62 (10) (b) and eight stakeholders agreed with the Bill’s proposal to delete this provision.
Significantly, Page 16 of 25 Page 17 of 25 Page 17 of 25 school admissions should prohibit the use of a connection with a former student of the school as a criterion in the admission of a 40.
The Ombudsman for Children, Dr Niall Muldoon, told the Committee on 8 “Putting children without an intergenerational connection with a school at a disadvantage to those with such a link is discrimination by treating children differently when they are trying to access their student.” February 2022 that: education.” contained in Table 2.
Report on Detailed Scrutiny of the Education (Admission to Schools) Bill, 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 IHREC, the Ombudsman for Children, and Dr. David Doyle argued that the policy is discriminatory.

43.
43.

The Joint Managerial Body (JMB) states in its submission that the parent/grandparent criterion is included in the oversubscription criteria by schools in all sectors, as evidenced by a review of the admission policies and annual admission notices of post-primary schools.

The JMB argue that in oversubscribed schools, the use of criteria, such as prioritising siblings or children/grandchildren of former students: “…arose from a concern for continuity of family experience and parental choice.
Schools, like families, are not solely operational entities; they thrive on relationships, values, continuity, local community cohesion and loyalties built up over time and, indeed, generations.” 44.

The JMB states that though the criterion is widely included in admission policies, very few schools reach the cap of 25% of the total places that can be offered.
The JMB claims that this is because the criterion may be placed so far down the list that it is not required, or the school may not be oversubscribed.

“The JMB supports the retention of section 62(10)(b) and welcomes the committee’s focus on oversubscription and the shortage of school places more generally.” 45.
The National Association of Boards of Management for Special Education (NABMSE) support the removal of s.62 (10) (b) as its presence if applied to special schools: “…would be contrary to the centrality of the child’s specific needs in the enrolment process.” 46.
The National Parents Council Primary told the Committee on 8 February 2022 that although some argue that s.62 (10) (b) is rarely used: Page 18 of 25 Page 18 of 25 Tuarasc il maidir le Grinnscr d Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), Report on Detailed Scrutiny of the Education (Admissions to School) Bill 2020 2020 IHREC, the Ombudsman for Children, and Dr. David Doyle argued that the policy “…we must look to our legislation to set the tone for what we value in is discriminatory.
society.” 43.

The Joint Managerial Body (JMB) states in its submission that the parent/grandparent criterion is included in the oversubscription criteria by schools in all sectors, as evidenced by a review of the admission policies and annual admission notices of post-primary schools.

The JMB argue that in oversubscribed schools, the use of criteria, such as prioritising siblings or children/grandchildren of former students: 47.
Barnardos told the Committee on 8 February that s.62 (10) (b) goes against the spirit of Article 28 of the UN Convention on the Rights of the Child, which: “…recognises children’s right to education and provides that states must achieve this right on the basis of equal opportunity.” SUMMARY “…arose from a concern for continuity of family experience and parental 48.

Eight of the stakeholders who provided written submissions and appeared before choice.
Schools, like families, are not solely operational entities; they the Committee agreed with the Bill’s proposal to delete s.62 (10) (b).

Significantly, thrive on relationships, values, continuity, local community cohesion IHREC, the Ombudsman for Children, and Dr David Doyle of Maynooth University and loyalties built up over time and, indeed, generations.” argued that the policy is discriminatory.
While there was much discussion of how frequently this criterion is used, and some stakeholders outlined its benefits, there was no evidence brought forward to refute the contention that s.62 (10) (b) is discriminatory.

44.

The JMB states that though the criterion is widely included in admission policies, very few schools reach the cap of 25% of the total places that can be offered.
The JMB claims that this is because the criterion may be placed so far down the list that it is not required, or the school may not be oversubscribed.

“The JMB supports the retention of section 62(10)(b) and welcomes the committee’s focus on oversubscription and the shortage of school places more generally.” 45.
The National Association of Boards of Management for Special Education (NABMSE) support the removal of s.62 (10) (b) as its presence if applied to special schools: enrolment process.” “…would be contrary to the centrality of the child’s specific needs in the 46.
The National Parents Council Primary told the Committee on 8 February 2022 that although some argue that s.62 (10) (b) is rarely used: Page 18 of 25 Page 19 of 25 Page 19 of 25 Report on Detailed Scrutiny of the Education (Admission to Schools) Bill, 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 CHAPTER 3 – RECOMMENDATIONS 49.
The JCEFHERIS recommends that: 1. the paragraph in s.62 (10) (b) is deleted and the Bill proceeds without further delay to ensure the legislation is enacted expeditiously.

In addition, it recommends that the Department of Education informs all School Principals when it is enacted and instructs them to remove the Provision, where it is used, with immediate effect; 2.
School Admissions Policies must ensure that they are not discriminatory to any student, whether due to ethnicity, place of birth, the presence or absence of special educational needs; being from same-sex or single parent families or the prior educational attainment of their family; 3.
The Department of Education should establish an Expert Steering Group to review School Admissions Policies to include Compilation and Disaggregation of Data on all School Admissions, Students with Special Educational Needs, the Timeline of School Place Offers and Acceptance, Sibling Allocations and Shared Admissions Policies; 4.

Equity of access for local children should be a priority in all Admissions Policies; 5.
The Department of Education should publish a Programme on Future Investment in Schools to address the issue of over-subscription in schools and ensure there is sufficient capacity in schools through infrastructural investment; and 6.

The Department of Education should address the anomoly that fee-paying schools are not allowed to have special or ASD classes, as a matter of urgent priority.
Page 20 of 25 Page 20 of 25 Tuarasc il maidir le Grinnscr d Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), Report on Detailed Scrutiny of the Education (Admissions to School) Bill 2020 2020 CHAPTER 3 – RECOMMENDATIONS APPENDIX 1: ORAL EVIDENCE 49.
The JCEFHERIS recommends that: Links to meetings held on 1 and February 2022 are available here: 1. the paragraph in s.62 (10) (b) is deleted and the Bill proceeds without further Links to meetings held on 8 and February 2022 are available here: delay to ensure the legislation is enacted expeditiously.
In addition, it A written statement was received from the Irish Primary Principals Network (IPPN) recommends that the Department of Education informs all School Principals and is available here when it is enacted and instructs them to remove the Provision, where it is used, with immediate effect; 2.
School Admissions Policies must ensure that they are not discriminatory to any student, whether due to ethnicity, place of birth, the presence or absence of special educational needs; being from same-sex or single parent families or the prior educational attainment of their family; 3.
The Department of Education should establish an Expert Steering Group to review School Admissions Policies to include Compilation and Disaggregation of Data on all School Admissions, Students with Special Educational Needs, the Timeline of School Place Offers and Acceptance, Sibling Allocations and Shared Admissions Policies; 4.

Equity of access for local children should be a priority in all Admissions Policies; 5.
The Department of Education should publish a Programme on Future Investment in Schools to address the issue of over-subscription in schools and ensure there is sufficient capacity in schools through infrastructural investment; and 6.

The Department of Education should address the anomoly that fee-paying schools are not allowed to have special or ASD classes, as a matter of urgent priority.
A written statement was received from the Irish Human Rights Equality Commission (IHREC) and is available here APPENDIX 2: BRIEFING NOTE FROM MS NORMA FOLEY, TD, MINISTER FOR EDUCATION Oifig an Aire Oideachais agus Scileanna Briefing note for the Joint Committee on Education, Further and Higher Education, Research, Innovation and Science.

Private Members' Bill Education (Admission to Schools) (Amendment) Bill 2020 Purpose of the Private Members Bill 1.
The Education (Admission to Schools) Bill 2020 was published on 30th September 2020 on behalf of Deputy Aodhán Ó Ríordáin, T.D.

2.

The Bill proposes an amendment to Part X of the Education Act 1998 by deleting section 62(10)(b) which relates to the taking into account a student’s connection to a school by virtue of a family member having previously attended the school when deciding on an application for admission to that school.
This provision currently limits schools in using this provision to 25% of the available places.

The full text of the section 62(10)(b) is outlined in appendix 1.

3.

The Committee on Education, Further and Higher Education, Research, Innovation and Science agreed at a Private Session of the Committee on the 18th January 2022 to invite the Minister to provide a written briefing note, as part of the Committee’s pre-legislative scrutiny of The Education (Admission to Schools) Bill 2020.

4.
4.

Outcome of debate at second stage.

Page 20 of 25 Page 21 of 25 Page 21 of 25 Report on Detailed Scrutiny of the Education (Admission to Schools) Bill, 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 5.
The outcome of the debate at second stage (11 November 2020) was that ‘Dáil Éireann resolves that the Education (Admission to Schools) Bill 2020 be deemed to be read a second time this day 12 months to allow for a review of the impact of the provision of section 62(10)(b) of the Education (Admission to Schools) Act 2018 to be undertaken and for that then to be taken into account in the consideration of this Bill."

6.
6.

The amendment proposed by the Minister was to allow time to gather data on the use of these admission criteria by schools.

7.

The bill was deemed read for a second time on 11 November 2021.

Data provided by schools in relation to the use of 62(10)(b).

8.

The Department sought information from Management bodies of schools in relation to the use and impact of section 62(10) (b) by schools in respect of school admission for September 2021.
Management Bodies surveyed their member schools to ascertain if they availed of the provision in their admission policies as a selection criteria and how many use the provision to offer places.

9.

The key metrics used was oversubscription and use of the provision as a selection criteria.

In all other circumstances where schools are not oversubscribed the provision as has no impact as schools are required to accept all applicants once that have places available.

10.
10.

Out of the 3240 primary schools, a response was received from 907 schools.

Of these 43 schools were oversubscribed and used this provision.

Taking this as a representative sample, this indicates that approx.

1.3% of primary schools that have confirmed the use of the provision.

No information was provided as to the number of places (if any) assigned on the basis of this provision.

11.
11.

In relation to oversubscription, from the schools that responded, just under 9% of primary schools are oversubscribed.

This is broadly in line with 2020 Primary returns (POD) outlining an oversubscription rate of 8.5% in primary schools.

The majority of primary schools, many of whom are small schools, are not oversubscribed and on that basis do not need to rely on this provision.

This may help to explain the poorer response from primary schools to the information sought.

12.
12.

Out of the 729 post primary schools, a response was received from 537 schools.

Of these 116 schools were oversubscribed and used this provision.

In overall Page 22 of 25 Page 22 of 25 Tuarasc il maidir le Grinnscr d Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), Report on Detailed Scrutiny of the Education (Admissions to School) Bill 2020 2020 5.
The outcome of the debate at second stage (11 November 2020) was that ‘Dáil terms this equates to 16% of post primary schools that have confirmed use of the Éireann resolves that the Education (Admission to Schools) Bill 2020 be deemed provision.

Further analyses of the schools that responded indicate that the use of to be read a second time this day 12 months to allow for a review of the impact of the provision is less than the maximum provided for under the act.
The data the provision of section 62(10)(b) of the Education (Admission to Schools) Act indicates that 19 schools reported using the full 25% provided for in the act, 8 2018 to be undertaken and for that then to be taken into account in the used 20%-24%, 18 used between 11%-19% and 71 allocated 10% or less.

consideration of this Bill."

13.

In summary 1444 primary and post primary schools have responded.

159 of 6.
159 of 6.

The amendment proposed by the Minister was to allow time to gather data on the these schools are both oversubscribed and include this provision as a selection use of these admission criteria by schools.

criteria in their admission policy.

In total this equates to approx.

4% of schools that 7.

The bill was deemed read for a second time on 11 November 2021. have confirmed that they include this provision as a selection criteria in their admission policy.
Approximately one third of these schools are primary schools, Data provided by schools in relation to the use of 62(10)(b).

with two thirds post primary.

More broadly, circa 80% or more of schools are not 8.

The Department sought information from Management bodies of schools in oversubscribed.

relation to the use and impact of section 62(10) (b) by schools in respect of school 14.

Although 159 schools who responded include the provision as a selection admission for September 2021.
Management Bodies surveyed their member criterion, a far lower percentage actually rely on the provision, as it is number 4 or schools to ascertain if they availed of the provision in their admission policies as a 5 in their selection criteria.

For example of the 53 ETB schools that were selection criteria and how many use the provision to offer places.

oversubscribed, 15 of these schools included the provision as a selection criterion, 9.
The key metrics used was oversubscription and use of the provision as a selection with only 9 actually using it.

On average in the ETB schools who responded criteria.

In all other circumstances where schools are not oversubscribed the allocated less than 9% of places on the basis of this provision, with none using the provision as has no impact as schools are required to accept all applicants once full 25% of places.

that have places available.


• Of the 149 voluntary post primary schools that were oversubscribed, 87 of 10.

Out of the 3240 primary schools, a response was received from 907 schools.

Of these schools included the provision as a selection criterion, with 78 schools these 43 schools were oversubscribed and used this provision.

Taking this as a using it.

19 schools admitted students using the full 25% of places.

representative sample, this indicates that approx.


1.3% of primary schools that • Of the 14 community and comprehensive post primary schools that were have confirmed the use of the provision.

No information was provided as to the number of places (if any) assigned on the basis of this provision.

oversubscribed, all 14 of these schools included the provision as a selection criterion, with 6 actually using it.

No school admitted students using the full 11.


In relation to oversubscription, from the schools that responded, just under 9% of 25%.

primary schools are oversubscribed.

This is broadly in line with 2020 Primary Impact of Section 29 appeals.

returns (POD) outlining an oversubscription rate of 8.5% in primary schools.

The 15.
The 15.

Data provided by Section 29 appeals do not provide a breakdown of appeals majority of primary schools, many of whom are small schools, are not oversubscribed and on that basis do not need to rely on this provision.

This may help to explain the poorer response from primary schools to the information sought.

12.

Out of the 729 post primary schools, a response was received from 537 schools.

Of these 116 schools were oversubscribed and used this provision.
In overall sought on the application of this provision.

Current data in relation to the four categories for appeals (expulsion, refused enrolment where the school is not oversubscribed, refused enrolment where the school is oversubscribed and suspension is outlined in appendix 2).
Page 22 of 25 Page 23 of 25 Page 23 of 25 Report on Detailed Scrutiny of the Education (Admission to Schools) Bill, 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 16.

The Minister wishes the Committee to note that sec 29 appeals do not impact on selection criterion included by individual schools in their admission policies.

The act sets out the prohibited criteria that cannot be used by a school to admit students.

A sec.
A sec.

29 appeals committee must reply on the same evidence and material that were used by a school in the decision to refuse admission.

17.

Section 29(c)(1) provides that where schools are oversubscribed, an appeal requires a Board to review their decision to refuse admission in the first instance before an appeal proceeds to the Section 29 committee.

Appendix 1 - The relevant sections of the Admission to Schools Act are constructed as follows: 18.
There are a number of prohibitions in the Act preventing schools from taking certain considerations into account when deciding on school places, including the occupation of parents, their financial status, academic ability, attending for interviews etc.

19.

One of the prohibitions also provides that a school may not give a priority based on a student's connection to the school by virtue of a member of his or her family attending or having previously attended the school.
However there are two exceptions to this particular section: • An exception is made where a sibling of the student is attending or has attended the school, • or where a parent or grandparent of the student concerned has previously attended the school, provided the maximum number of places for such children of past pupils does not exceed 25% of the available places in the school.

20.
20.

The PMB seeks to remove the second part in its entirety effectively removing the discretion of a school to apply a selection priority for children of past pupils.

There is no impact on a selection criteria for siblings.

Appendix 2 - Section 29 Appeals 21.

The Committee in its revised letter to the Minster of 19 January also sought details of the section 29 appeals.
The following table sets out the number and type Page 24 of 25 Page 24 of 25 Tuarasc il maidir le Grinnscr d Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), 2020 Tuarascáil maidir le Grinnscrúdú Mionsonraithe ar an mBille Oideachais (Ligean Isteach i Scoileanna), Report on Detailed Scrutiny of the Education (Admissions to School) Bill 2020 2020 16.

The Minister wishes the Committee to note that sec 29 appeals do not impact on of appeal made under Sec.

29.
29.

For the period 12th November 2020 until 30 selection criterion included by individual schools in their admission policies.

The November 2021.

Department does not hold information on Sec.

29 appeals solely act sets out the prohibited criteria that cannot be used by a school to admit or partly based on the use of Sec.

62(10)(b).

students.

A sec.

29 appeals committee must reply on the same evidence and material that were used by a school in the decision to refuse admission.

17.
17.

Section 29(c)(1) provides that where schools are oversubscribed, an appeal requires a Board to review their decision to refuse admission in the first instance before an appeal proceeds to the Section 29 committee.

Appendix 1 - The relevant sections of the Admission to Schools Act are constructed as follows: 18.
There are a number of prohibitions in the Act preventing schools from taking certain considerations into account when deciding on school places, including the occupation of parents, their financial status, academic ability, attending for interviews etc.

19.

One of the prohibitions also provides that a school may not give a priority based on a student's connection to the school by virtue of a member of his or her family attending or having previously attended the school.
However there are two exceptions to this particular section: • An exception is made where a sibling of the student is attending or has attended the school, • or where a parent or grandparent of the student concerned has previously attended the school, provided the maximum number of places for such children of past pupils does not exceed 25% of the available places in the school.

20.
20.

The PMB seeks to remove the second part in its entirety effectively removing the discretion of a school to apply a selection priority for children of past pupils.

There is no impact on a selection criteria for siblings.

Appendix 2 - Section 29 Appeals 21.

The Committee in its revised letter to the Minster of 19 January also sought details of the section 29 appeals.
The following table sets out the number and type Refused Enrolment (school not oversubscribed) Refused enrolment (school over- subscribed) Suspension Total Expulsion Upheld 6 Not upheld 21 to in Refuses determine accordance with the act, late includes applications etc.

Withdrawn 3 2 TOTAL 32 8 13 6 12 39 11 147 88 57 303 1 1 1 6 9 26 182 98 77 383 APPENDIX 3: ACADEMIC POLICY ARTICLES Two journal articles were received from Dr David Doyle, Maynooth University.
David M. Doyle, Marie Muldoon and Clíodhna Murphy (2020): Education in Ireland: accessible without discrimination for all?

The International Journal of Human Rights David M. Doyle, Marie Muldoon, Stephanie Thompson and Muiread Murphy: Economic Obstacles to Education in Ireland.

Journal of Human Rights Practice, 2021, 1–12.


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