More than half of primary schools have at least one student opting out of religion

Education Equality said the only current national document on 'opting out' of religion remains a discussion paper, first published in 2014. Picture: Danny Lawson/PA

More than half of Ireland's primary schools have at least one student opting out of religious instruction, while schools continue without set national guidelines on the legal right.

Last year, 1,551 primary schools recorded having at least one student opted-out of religious instruction, and every county had opted-out pupils in at least a third of its schools.

This was highest in Cork, where 215 of its 335 primary schools reported at least one student opting out.

Under Article 44 of the Constitution and in accordance with the Education Act 1998, parents have a right to have their children opt out of religious instruction.

The figures were released by the Department of Education to the parent-led campaign group Education Equality, under the Freedom of Information Act.

Education Equality said the only current national document on 'opting out' remains a discussion paper, first published in 2014.

This document references how each school could develop its own practices and policies on opting out, while a national policy is described as "developing".

"Twelve years on, more than 1,500 schools are each making their own arrangements, with no national standard to measure them against," said Education Equality.

The 'Forum on Patronage and Pluralism in the Primary Sector' published in 2014 also said it does not set out to be "prescriptive".

Last year, the Department of Education asked primary schools to answer how many pupils were "opted out" or removed from religion in the annual primary census.

This was the first time the question appeared on the form completed by primary school principals.

Of the 3,056 primary school that returned the 2025/26 survey, 1,551 (50.8%) reported at least one pupil opting out of religious instruction. 11 schools did not return data.

Education Equality said of the 2014 paper: "It describes practice and sets no minimum standard. It acknowledges that where a school has no spare staff, the child may stay in the classroom during religion class without taking part."

It also refers to the Admissions Bill as "currently being drafted", it added.

"That became the Education (Admission to Schools) Act 2018, which requires schools to state their arrangements but not what those arrangements must be.

"It is important to note that no matter how many multi-denominational schools we have, a child’s constitutional right under article 44.2.4 persists."

A 'matter for the schools'

A spokesperson for the Department of Education said it is expected that the right to opt-out will be upheld by schools when requested. 

"The manner in which a school ensures that this right is upheld is a matter for the school concerned.

"Each school must determine the particular arrangements which are most appropriate in its individual circumstances having regard to local issues such as available space, supervision requirements and how the school concerned organises classes."

The spokesperson described the 2014 paper as "good practice". The Education Plan 2025 included a commitment to provide best practice guidance to schools, the spokesperson added.

“Work is underway in the department to develop this guidance. The guidance is intended to improve consistency across schools and to make expectations clearer for all stakeholders." 

Jess Casey Education Correspondent