Education Act 1998

F71 [ Regulations

65

65. (1) The Minister may, having regard to the principles of inclusion and equality of access to and participation in education and the principles of efficiency, effectiveness, clarity and fairness for applicants and schools, and following consultation with bodies representative of patrons, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, make regulations for the purpose of the preparation and publication by schools of admission policies and the admission of students to schools.

(2) Regulations under this section may

( a ) contain different provisions in relation to different categories of schools or different categories of students, and

( b ) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Without prejudice to the generality of subsection (1) and (2) , regulations under this section may provide for all or any of the following:

( a ) requirements in relation to the preparation and publication of an admission policy including all or any of the following:

(i) the period during which a patron may consider and approve a draft admission policy under section 62(4) ;

(ii) the manner in which and period during which a board shall publish and may otherwise make available an admission policy and information in relation to the application process;

(iii) the frequency in relation to which a board shall undertake a review of its admission policy;

(iv) the manner in which and period during which a board shall review its admission policy;

(v) the consultation process that a board shall undertake when reviewing its admission policy; and

(vi) details of additional information in relation to any of the matters referred to in paragraphs (a) to (q) of section 62(7) to be included in an admission policy;

( b ) selection criteria that schools shall be permitted to apply in cases where the school is oversubscribed;

( c ) selection criteria that schools shall be permitted to apply in cases where 2 or more students are tied for a place or places in the school;

( d ) requirements in relation to the admission process, including in relation to all or any of the following:

(i) information that shall be contained in

(I) an annual admission notice, and

(II) an application form;

(ii) the manner in which, and period during which a board shall publish an annual admission notice;

(iii) documents and information that a school shall not require an applicant to submit with an application, which may include photographs of the student, references from a school previously attended by the student, information in relation to the parents of the student, or information in relation to any medical condition, disability, or special educational needs of the student;

(iv) the manner in which and period during which applications for admission may be made, which may include setting the earliest date on which a school may accept applications for admission and setting the closing date for applications;

(v) the manner in which and periods during which a decision shall be made in relation to an application for admission;

(vi) the manner in which and period during which a school shall notify an applicant as to the decision on his or her application;

(vii) information that shall be contained in a notification under subparagraph (vi) ;

(viii) the manner in which and periods during which an applicant shall confirm his or her acceptance of an offer of admission which may, where an applicant has accepted more than one offer or where an applicant has applied for and is awaiting confirmation of an offer of admission from another school or schools, include the manner in which and periods during which an applicant shall provide final confirmation to the relevant schools of the offer that he or she wishes to accept and any offers that he or she does not wish to accept;

(ix) conditions that, in order to facilitate the efficient admission of students to schools, applicants shall be required to adhere to when applying for or accepting a place in a school;

(x) the procedures that shall apply when an offer is withdrawn;

(xi) arrangements and procedures that shall apply in relation to the compilation and operation of waiting lists of unsuccessful applicants;

(xii) arrangements and procedures that shall apply in relation to making offers of admission for places that become available following completion of the admission process;

(xiii) arrangements and procedures that shall apply in relation to applications for admission received after the commencement of the school year in which admission is sought;

(xiv) arrangements and procedures that shall apply in relation to applications for admission to a class or year other than the intake group of the school concerned. ]

Annotations:

Amendments:

F71

Inserted (14.01.2020) by Education (Admission to Schools) Act 2018 (14/2018), s. 9, S.I. No. 6 of 2020.

Editorial Notes:

E32

Power pursuant to section exercised (14.01.2020) by Education (Admission to Schools) Act 2018 (Admission Policies and Admission of Students) Regulations 2020 (S.I. No. 17 of 2020).