The Admissions to School Act – Is it Working?

There is much public and deserved discourse about celebrating the Good Friday Agreement on its 25th anniversary. There are no such plans to mark the 25th anniversary of the Education Act. This seminal piece of legislation gave statutory recognition to the role of Patrons, Board of Managements (BoMs), Parent Associations, the Inspectorate, and that of the Principal, to mention but a few. Thereafter followed the Education Welfare Act 2000 and the Education for Persons with Special Education Needs Act 2004. The most recent significant piece of legislation was the Education (Admissions to School) Act 2018. This Act sought to streamline the admission process and to prohibit discrimination in relation to persons with special education needs.

Schools responded to the commencement of the 2018 Act in 2020 with the publication of new admission policies which reflected the thrust of the legislation. A novel feature was the publication of the annual admission notice which brought a new level of transparency to all schools. Parents could establish the number of places available in any school and the closing date for applications. Parents and students did not need to attend for interview or pay an upfront voluntary contribution. Equally, parents were required to inform schools if they had been offered places in other schools. Schools were also afforded the right to share information about placements.

Principals found themselves as the first point of contact in relation to offering or refusing applications. In turn, parents could appeal a refusal to the BoM. If unsuccessful with the BoM appeal, there is a second opportunity for the disappointed parent to take a section 29 appeal. The section 29 appeal is paper based and avoids the need for a face-to-face hearing, as was the case previously.

By and large, all the above appears to have been well received by parents and schools alike. The pressure point appears to have revolved around the creation of special classes in some schools. There is increasing evidence to suggest that pre-2018, and after the Act, a very large number of special classes have been opened, particularly in the primary school sector. The creation of the classes was driven mainly by local demand, often within the school. The Department of Education is empowered under the Act to designate schools to open special classes in the event the school is reluctant to do so. The National Council for Special Education (NCSE) and Tusla can now designate schools to accept certain students with complex needs.

Schools that are accommodating students in special classes, some with complex needs, can find the experience to be very rewarding but equally, they experience challenges. The school culture changes, in that whole school staff ‘buy in’ is required. Some school staff are wary of the unknown and sometimes feel ill equipped to accommodate this change. Challenging behaviour can often be a characteristic of some students with complex needs. Schools are best placed to deal with these behaviours, when they rehearse challenging scenarios and are clear about what legally is expected of them, in the absence of national guidelines. In the event of a physical intervention being warranted, staff need to know what

DAVID RUDDY BL

are the conditions that merit such an intervention and who is best placed to put the intervention in place. A behaviour of concern policy, as an appendix to the code of behaviour and approved by the BoM, can give reassurance and confidence to staff. All students are subject to the Code of Behaviour. However, there must be accommodations for students with complex needs.

The Admissions Act has not been fully road-tested yet. There are pressure points as highlighted. Some schools feel that the special education staff are being increasingly diverted to deal with behavioural issues. There is much frustration with the unavailability of vital supports for vulnerable students.

There are significant dividends in some areas and challenges in others. Schools have demonstrated remarkable resilience to cope with change, even when the demands are exacting.

If you have any queries about this article, contact druddy@mhc.ie

David works as an advisor and training consultant with Mason, Hayes & Curran LLP.