Enrolment of Children with special needs
- The Board of Management shall insist that the Department of Education and Science provide the resources required to meet educational and training needs of the child as outlined in the relevant psychological or medical report prior to the child actually starting in the school
- Towards fulfilling the requirements in 6(1) above the Board shall request a copy of the child's medical and/or psychological report. Where such a report is not available the Board shall request that the child be assessed immediately. The purpose of the assessment report is to assist the school in establishing the educational and training needs of the child relevant to his/her disability or special needs and to profile the support services required.
Following receipt of the report, the Board shall assess how the school could meet the needs specified in the report. Where the Board deems that further resources are required section 6(1) above shall apply towards provision of necessary resources.
These resources may include, for example, access to or the provision of any or a combination of the following: Visiting Teacher Service, Learning Support Teacher, Special Needs Teacher, Resource Teacher for special needs, Special needs assistant, specialised equipment or furniture, transport services or other.
The school shall meet with the parents of the child to discuss the child's needs and the school's suitability or capability in meeting those needs. If the school or Board deem it necessary a full case conference involving all parties shall be held, which may include parents, Principal, class teacher, previous teachers from the Junior School, Learning Support teacher, special class teacher, resource teacher for special needs or educational psychologist as appropriate, together with relevant people from the board.
It may be necessary for the Board to decide to defer enrolment of a particular child, pending:
- The receipt of an assessment report and /or
- The provision of appropriate resources by the Department of Education and Science to meet the needs specified in the psychological and/or medical report.
- The Board of Management will be unable to accept applications in the following circumstances
- Where a pupil has not satisfactorily completed Second Class in a school in Ireland or its equivalent elsewhere.
- Where the school is already full.
- Where the pupil’s parents refuse to accept the characteristic spirit of the school
- Where the Board of Management, having interviewed the pupil, the parents and any other relevant persons and having considered all medical, psychological or other reports made available to it, comes to the conclusion that it would be unable, given its present resources, to carry out its statutory obligation to provide an appropriate education to the pupil in question.
- The Board of Management, in endorsing the school admissions policy, pay due regard to the Department of Education and Science’s regulations on school enrolment, particularly those contained in the Education Act 1998, the Education (Welfare) Act 2000, the Equal Status Act 2000, the Education for Persons with Special Needs Act 2004 and any subsequent relevant legislation. The Board of Management will continue to endeavour as far as is practicable and having regard to the resources available, to accommodate students with disabilities or those who have special educational needs. The Board of Management reserves the right to refuse to enrol a child on the following grounds:
- That to have the child as part of such a class would not be consistent with ‘the best interests of the child as determined in accordance with any assessment carried out under the Education for Persons with Special Needs Act 2004.’
- That the presence of the child in a mainstream class would be inconsistent with ‘the effective provision of education for children with whom the child is to be educated.’
Appealing a Decision to Refuse to Enrol a Pupil
If a decision is communicated by the Board of Management to a parent indicating that the school is unable to accept a pupil, that parent can request a copy of the enrolment policy and enquire as to what section/sections of the policy justify the refusal. If unhappy with the explanation the parent can appeal the decision directly to the B.O.M. The B.O.M. then considers the appeal and advises the parent of its decision.
A school, in informing a parent of its decision, should advise parents of the right to appeal under Section 29 of the Education Act within 42 calendar days from the date the parent was notified of the decision. The appeal will be processed by the Appeals Administration Unit of the Department of Education and Science and the parents will be informed of its decision in due course.