IPPN

Last Updated: Friday, 01 May 2009 11:50

Each school should ensure that its enrolment policy is fully inclusive, that it protects the rights of the whole school community and upholds the rights of those who seek to secure a place for their children in the school. To successfully defend a Section 29 Appeal, a school must adhere rigidly to its enrolment policy, which should be unambiguous in stating the point at which the Board determines the school to be full.

That enrolment policy must clearly outline the maximum capacity of the school and the rationale used. This rationale should concentrate on issues such as available space, area of individual classrooms, compliance with the provisions of the Health and Safety Act, Special Needs provision and school ethos. Without such a statement on maximum school capacity from each individual Board of Management's Enrolment Policy, there is probably no absolute figure which will determine when a school is full.

At no stage should a school give parents a reasonable expectation that their child will secure a place in a particular class unless it is sure it can deliver. Many appeals are won on the strength of parents having been given a reasonable expectation and schools being subsequently unable to offer a place because siblings or children in close proximity to the school are presented for enrolment.list of Applicants to Enrol should be maintained in the school. The priority criteria that the school uses when there are more applicants than places should be applied to this list. A school must also ensure that parents are informed of their right to appeal under Section 29 if they are unable to offer a place.

Recent decisions in the High Court have clarified matters somewhat as to when a school is full. Ms. Justice Irvine in her judgement in favour of St. Molaga's NS certainly gives credence to the BoM reaching a decision that their school was full. On the basis of Health & Safety, size of rooms, etc, the BoM could rightly declare that 28:1 multiplied by the number of class teachers is the maximum allowed in their school. If this is an informed decision based on examining all the facts for that school, then, according to Ms. Justice Irvine, no Appeal Panel should be second guessing the BoM. Their role would only be to examine if procedures had been followed.

ENDS