Equal Status Act 2000

Educational establishments.

7

7.—(1) In this section “educational establishment” means a preschool service within the meaning of Part VII of the Child Care Act, 1991 , a primary or post-primary school, an institution providing adult, continuing or further education, or a university or any other third-level or higher-level institution, whether or not supported by public funds.

(2) An educational establishment shall not discriminate in relation to—

( a) the admission or the terms or conditions of admission of a person as a student to the establishment,

( b) the access of a student to any course, facility or benefit provided by the establishment,

( c) any other term or condition of participation in the establishment by a student, or

( d) the expulsion of a student from the establishment or any other sanction against the student.

(3) An educational establishment does not discriminate under subsection (2) by reason only that—

( a) where the establishment is not a third-level institution and admits students of one gender only, it refuses to admit as a student a person who is not of that gender,

( b) where the establishment is an institution established for the purpose of providing training to ministers of religion and admits students of only one gender or religious belief, it refuses to admit as a student a person who is not of that gender or religious belief,

F23 [ ( c ) where the establishment is a school (other than a recognised primary school) providing primary or post-primary education to students and the objective of the school is to provide education in an environment which promotes certain religious values, it admits persons of a particular religious denomination in preference to others, ]

F24 [ ( ca ) where the establishment is a school providing primary or post-primary education to students and the objective of the school is to provide education in an environment which promotes certain religious values, it refuses to admit as a student a person who is not of a particular religious denomination and it is proved that the refusal is essential to maintain the ethos of the school,

( cb ) where the establishment is a recognised primary school and it admits as a student a person in accordance with section 7A (inserted by section 11 (b) of the Education (Admission to Schools) Act 2018). ]

( d) without prejudice to section 3 of the Refugee Act, 1996, where the establishment is an institution providing adult, continuing or further education or a university or other third-level institution—

(i) it provides different treatment in relation to—

F25 [ (I) the fees for admission or attendance by persons who are citizens of Ireland, nationals of another Member State, nationals of the Swiss Confederation or nationals of a member state of the European Economic Area and persons who are not, or ]

(II) the allocation of places at the establishment to those nationals and other nationals,

or

(ii) it offers assistance to particular categories of persons—

(I) by way of sponsorships, scholarships, bursaries or other awards, being assistance which is justifiable, having regard to traditional and historical considerations, or

(II) in relation to the allocation of places at the establishment, where the allocation is made pursuant to an agreement concerning the exchange of students made between the establishment and an educational institution or authority in a jurisdiction other than the State,

or

( e) where the establishment is a university or other third-level institution, it provides different treatment in the allocation of places at the establishment to mature students (within the meaning of the Local Authorities (Higher Education Grants) Acts, 1968 to 1992).

(4) Subsection (2) does not apply—

( a) in respect of differences in the treatment of students on the gender, age or disability ground in relation to the provision or organisation of sporting facilities or sporting events, to the extent that the differences are reasonably necessary having regard to the nature of the facilities or events, or

( b) to the extent that compliance with any of its provisions in relation to a student with a disability would, by virtue of the disability, make impossible, or have a seriously detrimental effect on, the provision by an educational establishment of its services to other students.

F26 [ (5) ( a ) In this subsection grants means grants to assist persons to attend or continue to attend

(i) an institution providing adult, continuing or further education,

(ii) a university, or

(iii) any other third-level or higher-level institution,

whether or not supported by public funds.

  ( b ) The Minister for Education and Science does not discriminate where he or she

(i) requires grants to be restricted to persons who are F25 [ citizens of Ireland, nationals of a Member State, nationals of the Swiss Confederation or nationals of a member state of the European Economic Area ] , or

(ii) requires F25 [ such citizens or nationals ] and other persons to be treated differently in relation to the making of grants. ]

F27 [ (6) In this section

member state of the European Economic Area means a state that is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by all subsequent amendments to that Agreement;

recognised primary school means a primary school

(a) designated by the Minister for Education and Skills under subsection (1) of section 10 of the Education Act 1998 to be a school recognised for the purposes of that Act, or

(b) deemed to be a school recognised in accordance with the said section 10. ]

Annotations:

Amendments:

F23

Substituted (3.10.2018) by Education (Admission to Schools) Act 2018 (14/2018), s. 11(a)(i), (iii), S.I. No. 396 of 2018.

F24

Inserted (3.10.2018) by Education (Admission to Schools) Act 2018 (14/2018), s. 11(a)(ii), S.I. No. 396 of 2018.

F25

Substituted (1.01.2016) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 15(a), (b), S.I. No. 610 of 2015.

F26

Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 50, commenced on enactment.

F27

Substituted (3.10.2018) by Education (Admission to Schools) Act 2018 (14/2018), s. 11(a)(i), (iii), S.I. No. 396 of 2018.

Editorial Notes:

E7

Previous affecting provision: subs. (6) inserted (1.01.2016) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 15(c), S.I. No. 610 of 2015; substituted as per F-note above.