Policies will have to make the grade

The problem of schools having more children seeking enrolment than it has staff or space to teach is a strong sign of the value that Irish families place on good education.

But the difficulties that transpire when disputes arise over how schools select which pupils it will admit can be long-winded and hugely frustrating for parents, and ultimately detrimental to the welfare of the children involved.

In many cases, a student will be able to find a school elsewhere, albeit not their first choice, or that of their parents. But when pupils are left excluded from all schools in their area, it becomes a much bigger problem.

Such a situation arose in Limerick a decade ago and prompted then education minister Noel Dempsey to intervene and have local secondary schools open a common enrolment system— somewhat like that operated for third-level colleges by the CAO.

Such systems could be put in place at the order of future ministers if similar problems arise, although the Joint Managerial Body, which represents 370 secondary schools, says a co-ordinated approach between local schools makes common sense anyway and is to be encouraged.

The issues that lie behind the introduction this week of proposals to regulate and legislate for fairer and more transparent systems are varied. They long precede the current minister Ruairi Quinn taking office two and a half years ago, with the consultation process on changes already awaiting commencement by officials in his department in 2011.

While there are many benefits likely to accrue for parents and children, it has to be pointed out that reforms that save money sometimes get more momentum in official circles than others.

In this instance, the replacement of a State-run appeals system by one that allows parents refer refusal to enrol to the school board of management is proposed. By so doing, the Department of Education would save itself close to €300,000 a year, the most recent figure on running these appeals, of which almost 250 were made last year.

In addition, the reduced involvement of the State in the process could keep the department out of any legal wrangles that might arise. There have been several significant cases before the courts in recent years, mostly where schools contested the outcome of enrolment appeals, and one went as far as the Supreme Court in 2010.

The ability of the National Council for Special Education or the National Educational Welfare Board to instruct a school to enrol a child should bring savings on the cost of home tuition for children who would otherwise spent months or longer with no school to attend.

With much of the emphasis in Mr Quinn’s statements on the issue being around his desire to see that children with special needs are not excluded, schools and parents may be justified in questioning where his concerns lie when it comes to allocating resources. Only last June, media publicity and parental pressure were all that saved children with disabilities suffering a further 12% cut in the individual resource teaching they would have this term under another of his department’s budgetary restrictions.

Notwithstanding all this, the principles behind most of the proposals are rightly focused on easing the stress that faces families in trying to secure school places for their children. And again, it is notable that such issues do not arise for around 80% of schools, based on ESRI findings.

But the JMB rightfully points out that there should be no expectations that all the world’s problems will be solved under these proposals. “If a school has only 100 places and 200 people apply, then 100 people are always going to be disappointed,” said Mr Kelly.

He is quite correct, but at least if all schools run admissions on the same principles with fair and transparent policies, parents should be given a far more level playing field than operates in many communities at the moment.

*The new regulations would mean significant changes to the way schools operate admissions policies. It has raised many questions of concern to parents and schools, some of which we put to the Department of Education yesterday.

Q. Parents will be able to appeal a refusal to enrol a child to the school board instead of making an appeal, under Section 29 of the 1998 Education Act, to the Department of Education. But what will happen if they are unhappy with the outcome?

A. The decision for a board of management with an appeal is to determine if the enrolment policy was correctly implemented by the school principal. Under the current arrangements, parents who are dissatisfied with the outcome of a Section 29 appeals process can go to the courts. This option is still open to parents under the new arrangements. However, our view is the much greater level of transparency under the new arrangements should significantly diminish the number of appeals.

The draft scheme also includes powers for the National Council for Special Education or the National Educational Welfare Board to designate a school for a child who is unable to access any school place.

Q.Education Minister Ruairi Quinn has mentioned a lottery system operating where schools do not have enough places to cater for all applicants. How would that work or is it open to schools to decide, once criteria comply with regulations?

A. Under the new arrangements, each school must include a statement in its enrolment policy setting out the manner and sequence in which the oversubscription criteria will be applied. This would include the criteria for the allocation of a school place in the event, following application of the oversubscription criteria, two or more applicants are tied for a place. A lottery system is only likely to be required when two or more applicants are tied.

Q. Will oversubscribed second- level schools have to give priority to pupils of certain ‘feeder’ schools, even though this might preclude families new to an area?

A. Many schools have established feeder arrangements. Generally these arrangements result in pupils being able to access their closest school. The approach taken in the draft regulations is to continue to permit these feeder school arrangements at post-primary level. However, at primary level, regulations do not permit priority be given on the basisthat a pupil has attended a pre- school, crèche, or similar facility (with the exception of Early Start pre-schools recognised by the department).

Q. Will queuing to put a child’s name down for enrolment be banned?

A. A school cannot give priority based on the order applications are received, so queuing for a school place would not give an applicant an advantage.