ADMISSIONS EDUCATION ADMISSION TO SCHOOLS ACT 2018 Inserts

ADMISSIONS EDUCATION (ADMISSION TO SCHOOLS) ACT 2018

Inserts 10 new “Admission” sections into the Education Act 1998 (Part X - Sections 60 – 70) How the Act works… Amends sections of other legislation (e. g. Equal Status Acts) Will split section 29 of the Education Act 1998 (Appeals section) into 7 new parts (29/29 A/29 B/29 C/29 D/29 E/29 F)

ADMISSIONS (Sections 60 – 70 of Education Act 1998)

Admission Notice The Annual Admission Notice shall contain the following: Details on how to obtain a copy of the school’s admission policy and an application form for admission to the school; The dates the school shall start and cease accepting applications for admission which will be at least 3 weeks apart, subject to any Regulations made by the Minister. (Different dates can be provided in respect of places in special class); In relation to an intake group or special class, the date the applicant shall be notified of the decision relating to their application and confirmation of acceptance; The number of places available in the intake group and in the case of a school with a special class, the number of places available in the special classes; If the school or special class was oversubscribed in the previous year, a statement setting out the number of applications received that year and the number of places offered in respect of each of the school’s selection criteria;

Contents of Policy…. Admission Policy - shall include: 1. An Admission Statement – stating that school will not engage in a list of specific discrimination;

Admission Statement The school shall not discriminate in its admission of a student to the school based on the following grounds: Gender* of the applicant Civil status of the applicant Family status of the applicant Sexual orientation of the applicant Religion* of the applicant Disability of the applicant Race of the applicant The applicant’s membership of the traveller community Special educational needs* of the applicant

Contents of Policy…. Admission Policy - shall include: 2. The characteristic spirit and general objectives of the school; 3. The categories of special needs catered for in a school exclusively providing education for students with special needs or in a school providing a special class;

Contents of Policy…. 4. Provision that the school shall admit every applicant unless: The school is oversubscribed, or The parent/guardian fails to confirm in writing that the code of behaviour is acceptable to him/her and s/he shall make all reasonable efforts to ensure compliance by the student, or The applicant is not of the gender to which the school caters, or The applicant does not have the specific category or categories of special needs to which the school or a class within the school provides education, or The school refuses to admit as a student a person who is not of the religious denomination which is promoted by the school and it is proved that the refusal is essential to maintain the ethos of the school. [Not used by ETBs. ]

and …

Contents of Policy…. 5. The selection criteria which shall be applied where the school is oversubscribed. An exhaustive list of what can be included as selection criteria is not provided for in the Act but some criteria are specifically allowed (and some prohibited). Those allowed are: An acknowledgment by the school in advance of this Act coming into operation that a particular applicant had been put on a waiting list for admittance to the school [but this can only apply for 5 years post coming into operation]; The current or past attendance at the school of a sibling; The previous attendance at the school of a parent or grandparent [but this criterion can be in respect of no more than 25% of the places available in the school’s intake group]; The gender, where the school only admits students of one gender; The category of special needs of an applicant where the school provides education exclusively or a special class for a student with a category or categories of special needs; A level of fluency in the Irish language where failing to admit the applicant to the Irish language school would likely cause the fluency to regress [but an interview or meeting is not permitted to assess the level of the applicant’s fluency in the Irish language]).

Contents of Policy…. 6. That the school shall not, when deciding on an application to the school, or when placing a student on a waiting list for admission, consider the following: A student’s prior attendance at a pre-school, except in relation to an early intervention class or an early start pre-school specified in a list published by the Minister; The payment of fees or contributions to the school, unless charged by schools that provide post leaving certificate courses or further education and training courses; A student’s academic ability, skills or aptitude unless: It is necessary to ascertain whether or not the student has a particular category of special educational needs for admission to the school or a special class within the school; It is necessary to demonstrate a certain level of fluency in the Irish language for admission to an Irish language school; S/he is applying for a post leaving cert course or a further education and training course; ………

Contents of Policy…. 6. That the school shall not, when deciding on an application to the school, or when placing a student on a waiting list for admission, consider the following: The occupation, financial status, academic ability, skills or aptitude of a student’s parents; A requirement that a student or his or her parents, attend an interview, open day or other meeting as a condition of admission, other than in the case of admission to a post leaving certificate course or a further education and training course; An applicant’s connection to the school if that connection is anything other than the previous or current attendance of a sibling, parent or grandparent; The date and time that an application for admission was received by the school as long as it is received during the period specified for receiving applications set out in the annual admissions notice.

and …

Contents of Policy…. 7. The manner and sequence in which the selection process will be applied, including the arrangements for where 2 or more students are tied for a place; 8. A statement setting out that where a school is oversubscribed, any selection criteria that are not included in the admission policy of the school shall not be considered in determining whether or not a student is admitted to the school; 9. *Provision that the admission policy of a second level school that provides education through the medium of Irish may provide for the inclusion of students that have attended a primary school that provides education through the medium of Irish. **

Contents of Policy…. 10. Provision that a decision on an application for admission shall be based on the implementation of the school’s admission policy, including the annual admission notice of the school, where applicable, and the information provided by the applicant in the application for admission received; 11. That where oversubscribed, the school shall compile a waiting list of students which shall remain valid for the school year in which they seek admission, where the placing on the list corresponds to the priority assigned to the application and that if extra place become available later in the year, any further offering of places will be in line with the priority on the waiting list;

Contents of Policy…. 12. Provision that, in accepting an offer of admission, an applicant shall indicate whether or not s/he accepts the offer and whether or not s/he has applied for and is awaiting confirmation of an offer of admission from another school; 13. Provision that where a student has not been offered admission, s/he will be provided in writing with: the reasons that s/he was not offered admission, details of the student’s ranking against the selection criteria, and details of the student’s place on the waiting list;

and …

Contents of Policy…. 14. Provision that an offer of admission may not be made (or may be withdrawn) where: Information provided in the application is false or misleading in a material aspect; The applicant fails to confirm acceptance of an offer of admission during the appropriate dates as set out in the annual admission notice; The parent fails to confirm in writing that s/he is accepting the code of behaviour and will make all reasonable efforts to ensure compliance with it by the applicant; When accepting an offer of admission, the applicant has not provided details of an offer from another school(s) regardless of whether or not s/he accepts it. When accepting an offer of admission, the applicant has not provided details of whether or not s/he has applied for and is awaiting confirmation of an offer of admission from another school(s) and the details of the school.

Contents of Policy…. 15. Provision that an applicant may request the B. O. M. to review a decision (of the Principal) to refuse admission and that decision may be appealed; 16. The details of the school’s arrangements in respect of a student, where the parent or student of 18 years has requested that the student attend the school without attending religious instruction at the school (such arrangements shall not result in a reduction in the school day of the student concerned);

Contents of Policy…. 17. A declaration that the BOM or person acting on its behalf shall not charge fees, payments or contributions as a condition of admission or continued enrolment of a student unless the school is a fee charging post primary school, boarding school, post leaving certificate course or further education and training course; 18. Procedures for the admission of applicants to classes or years other than the intake group and for transferring to the school mid-year.

Non-intake group

Non-intake group Same application procedure as the intake group, except: Don’t have to include information on Admission Notice (though it would be more transparent if was included). Don’t have to start as early the year before. Still a pre-defined window for acceptance of applications. Waiting list still to be compiled and kept for the full year.

Mid-year transfer students s, n o i t a c i appl e t a o the l t n o d s ere goe Consid their name or that class tf ng meani e waiting lis th end of ear group. /y group If there is can sta no waiting lis rt imme t, diately. they

(Data protection and transfer students) The Principal of the student's previous school can only provide information to the Principal of the new school once s/he has received notification from the new school that the student has been accepted. No information should be provided to the Principal of the new school before it has accepted the student. The Principal of the new school is required to inform the Principal of the old school that the student is no longer on the old school’s register i. e. complete the final stage of the ‘interschool transfer’ process on the POD/P-POD systems.

(Data protection and transfer students) After receiving notification from the new school that the student has been offered and has accepted a place, the Principal of the student’s former school is required to notify the student’s new school Principal of the following— • any problems relating to school attendance that the CHILD concerned had while attending that previous school, and • such other matters relating to the student’s educational progress as the principal considers appropriate. NB: At NO stage should a principal disclose, verbally or in writing, any child protection (Tusla) issue(s) regarding a student to another Principal.

Consequences Section 29 Appeal (only look at whether policy applied fairly) Equality case taken to WRC (formerly Equality Tribunal) For incorrect data protection procedure, data action or DPC audit / fine. _____________________________________ Patron may appoint independent person to comply with any or all of Education (Admissions to Schools) Act 2018 if board of management has not. Minister may direct school to align policy with law Minister may direct patron if board of management does not comply NCSE / Tusla may direct school to take a student (conditions & right of appeal by school)

01 02 03 Publish an Admissions Policy (not before 1 st September*) Publish Annual Admission Notice (not before 1 st September*) Accept applications (not before 1 st October) *Must be at least a week before accepting applications Deadlines for the School BOM

01 02 03 Prepare draft Admissions Policy* in consultation with Patron, parents of current students & staff. (by end March 2020) Submit draft to Patron for approval / approval subject to modifications. (by end April 2020 ) Reconsult re: any modifications and return to Patron for approval. (by end May 2020) Timeline & summary of actions required by the School BOM

1. Template policy for ETB schools [Irish version also] 2. Template Admission Notice [Irish version also] 3. Template Application Form [Irish version also] 4. Template Acceptance Form [Irish version also] 5. Template Letter of Offer [Irish version also] 6. Template Letter of Refusal [Irish version also] 7. Template Letter of Refusal – Oversubscribed [Irish version also] 8. Template School – To – School Transfer Form [Irish version also] 9. Guidance Note for preparing forms 10. GDPR Compliance Note re: forms (as background) 11. Letter to parents where child already on list / given place for post Feb 2025

Section 29 Appeals*

1 Suspension for this purpose must be for at least 20 school days or an accumulation of 20 school days.

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