Hundreds of schools to change entrance policies today

The restriction takes effect immediately under an order to be signed by Education Minister Richard Bruton this morning, commencing several aspects of the Education (Admissions to Schools) Act 2018 that became law in July.

The most controversial aspect of the law is its amendment of equality legislation. This means that, except for schools of minority faiths, it is no longer legal for a school to prioritise children of its religious ethos when it comes to ranking pupils for enrolment.

While the provision cannot be applied retrospectively, dozens of primary schools around the country continue to carry enrolment policies on their websites which clearly give priority to children of Catholic faith if they are over-subscribed.

The law applies to the decision-making process, which means the use of admission criteria that include religion in policies like these will not be permitted when allocation of next year’s school places is being decided.

Although most primary schools may not have formally opened for applications, the start of November is a common opening date, giving school boards just weeks to revise their policies and publish them.

The question of ranking children for enrolment arises for around one in five of the country’s 3,200 primary schools, mostly in large urban areas, when there are not enough places for all applicants. All other schools must continue to accept all applicants, regardless of religion.

Mr Bruton said the move is intended to ensure greater fairness in school admissions.

“While recognising the right of all schools to have their distinctive ethos, the removal of religion as a criteria for admission to school seeks to be fair to all parents including non-religious families that will now find that, in virtually all publicly funded primary schools, they will be treated the same as all other families in school admissions,” he said.

Schools are also now prevented from charging fees for admission or continued enrolment. The only exceptions are for fee-charging second-level schools, boarding charges, or admission to further education or post-Leaving Certificate courses run by second-level schools.

The legal ban extends to contributions sought by schools from parents being linked to admission. Parent representatives told an Oireachtas committee just six weeks ago that children continue to be excluded from activities or access to school resources if so-called voluntary contributions are not paid by their families.

The National Council for Special Education (NCSE) welcomed the new powers that will allow Mr Bruton or a successor to compel schools, from December 3, to open dedicated classes for children with special educational needs.

Any such decision would relate to areas where there is insufficient capacity as identified by the NCSE, which said it will consult with representatives of schools and other stakeholders.

“While most schools do welcome and enrol children with special educational needs, the NCSE strongly supports the minister’s commitment to ensure that exclusionary practices cannot be permitted in any national system of education,” said council chief executive Teresa Griffin.