School Admissions Bill: battle looms over rules on past pupils

Why is the Admission to Schools Bill being introduced?

It is aimed at making school enrolment more structured, fair and transparent. All school admissions policies will be obliged to include a statement that they shall not discriminate on the basis of any of nine grounds: gender, civil status, family status, sexual orientation, religion, disability, race, Traveller community grounds or special educational needs.

What schools does it affect?

The most immediate impact will be on the estimated 20 per cent of schools that are over-subscribed (a figure based on a 2009 ESRI study).

However, even schools which have no waiting lists face changes under the Bill as it demands greater transparency for parents, including published policies on, for example, the school’s arrangements for students who do not wish to attend religious instruction.

Does the Bill safeguard denominational education?

Yes. The existing provisions in equality legislation are provided for. Religious schools can give preference to children of a particular faith in preference to others.

Section 7 of the Equal Status Act 2000 remains in place, whereby a school can refuse to admit a student of another denomination provided it can prove such a refusal is essential to maintain the ethos of the school.

Is no change in this area a good thing?

It depends on your view. Religious patrons had argued that the retention of Section 7 was necessary.

But the primary teachers' union the INTO and the Ombudsman for Children argued that it should be amended to reduce the power of patrons to positively discriminate on religious grounds.

Campaigners for a secular education system argue that Section 7 is in breach of Article 44 of the Constitution which prohibits State-funded schools from discriminatory practices. Their view is shared by some lawyers.

However, Section 7 has not been challenged in the courts, and the success of such a challenge is far from guaranteed, given constitutional protections that religious bodies have to run their own affairs.

Can schools discriminate in favour of children of past pupils?

Yes, but only up to a point. The Bill states that no discrimination is allowed, except for certain derogations – to be finalised in regulations later this year.

Jan O’Sullivan’s predecessor Ruairí Quinn had proposed that up to a quarter of school places could be reserved for children of past pupils, but the Minister said she had “yet to see any evidence that would support” a cap at that level.

Instead, Ms O’Sulllivan says a “much lower exemption, of perhaps 10 per cent of all school places, is as high as such a threshold should be set”.

The Ombudsman for Children has said the past-pupil derogation was "unjustifiable given its impact on Travellers and immigrant children", and this view was shared by an Oireachtas committee in a report last year.

However, political considerations are likely to override human rights concerns, and Fine Gael TDs are being lobbied particularly strongly to abolish the cap in its entirety.

Will other derogations be allowed?

Yes. In what she describes as a “non-exhaustive” list of possible derogations, the Minister indicates that schools will be able to give preference to a sibling of a student who is already enrolled; the child of a member of school staff; a student living in the catchment area; and someone attending a recognised feeder school.

What sort of practices will be banned?

Schools will be prohibited from favouring students on grounds such as: their prior attendance at a specified category of pre-school; the occupation or financial status of the parents of a student; a student’s academic ability, skills or aptitude; and the date on which an application for admission was received by the school.

What happens to current waiting lists?

Again, the regulations will decide that. But the expectation is that schools will be given a number of years – possibly five – to phase out current waiting lists. From then on, applications will only be accepted a year in advance of the student’s planned enrolment.

The thinking is that this will minimise the risk of discriminating against immigrants or other people who have recently moved into an area.

What else is in the Bill?

It prohibits schools from charging a fee or contribution as part of the admission process, with exceptions in the case of private schools and boarding schools.

Schools are also obliged to publish a code of behaviour specifying procedures for suspension or expulsion.

In addition, the Bill will give the Minister a power to appoint an independent person – following a court order – to oversee a school’s admissions process if significant non-compliance issues arise.

Is the appeals system changing?

As of yet, no. Mr Quinn had proposed, in the general scheme of the Bill, to abolish the “Section 29” regime, whereby appeals are made to the secretary general of the Department of Education, and instead charge the board of management with hearing any appeals of the principal’s decision.

However, the Minister says she is wary of increasing the administrative burden on principals, so the current Bill does not include a provision to amend Section 29. Instead she says: “I will develop my thinking on this point over the coming weeks, and bring forward an appropriate mechanism at committee stage of the Bill.”

When does it come into force?

The Bill is due to pass though the Oireachtas before the summer recess, and only then will the regulations be drawn up. These will be put out for consultation before they are approved by Government.

While the Minister is hoping to have the new regime in operation by September, the closure of schools during the summer will limit the scope for consultation, and the implementation date is likely to drift. This may give interest groups the chance to water down provisions in the Bill.