Enrolment Policy
Directors to permit variations from ‘first come, first served’
The adequacy of the first come, first-served enrolment policy as a mechanism for fulfilling the Charter obligation to ensure equality of access to our schools has been under scrutiny for some time, both within and outside the Educate Together community. A feature of the movement since its inception, the policy has ensured transparency and impartiality in enrolment. It has, however, shown itself to be unresponsive to relevant distinctions – as to family status, nationality, social grouping – in such a way as to admit the possibility of indirect discrimination (i.e., the equal treatment of individuals or categories of individuals in an unequal position).
Many established Educate Together schools with local patrons have, over the years, introduced modifications to the first come, first-served policies with a view to creating an equal playing field for the socially disadvantaged, newcomer families, fostered and adopted children, and in some instances with a view to maintaining family integrity through the introduction of sibling policies.
The discretion of schools which have Educate Together as patron to determine their enrolment policy is delimited in a number of ways. Under the 1998 Education Act, s.15(2)(d), boards of management are required to publish their policies regarding admission and participation in the school in such a manner as is approved by the patron. Further, by virtue of membership of Educate Together, boards are bound by motions passed at AGMs. Thus, at the 2008 AGM, the company membership approved a motion which stated that ‘schools with Educate Together patronage shall have a “first come, first served” enrolment policy, but may with consent of the Educate Together board of directors, have amendments to this policy’.
At the 2009 AGM, a motion proposed initially by Wicklow ETNS was passed which empowered the board of directors to allow variations from the first come, first served policy in cases where a school board:
‘makes a serious and reasoned case for such variation in order to address their obligations to equality under the Educate Together charter, and in accordance with the Education Act 1998, the Equal Status Acts 2000-2004, the Education (Welfare) Act 2000, the Safety, Health and Welfare at Work Act 2005 and all other relevant legislation in their own communities’.
It is, therefore, now open to individual boards of management under Educate Together patronage to apply to the board of directors to modify their school’s enrolment policy. In doing so, a number of statutory freedoms and restrictions should be borne in mind.The 1998 Education Act requires boards, in formulating the school’s enrolment policy, to have regard to ‘principles of equality and the right of parents to send their children to a school of the parent’s choice’ (s.15(2)(d)). Further, the 2000 Equal Status Act permits preferential treatment of the taking of positive measures which are bona fide intended to – promote equality of opportunity for persons who are, in relation to other persons, disadvantaged or who have been or are likely to be unable to avail themselves of the same opportunities as those other persons, or -
cater for the special needs of persons, or a category of persons, who, because of their circumstances, may require facilities, arrangements, services or assistance not required by persons who do not have those special needs. (s.14(b)).
A comprehensive review, mandated by the company membership at the 2008 AGM, of valid deviations from a strict first come, first served enrolment policy was conducted during the 08-09 academic year, and presented at a general members’ meeting in Castaheany ETNS, and is available for the consideration of boards of management. Within the coming weeks, the school support team will be preparing templates with a view to assisting boards in formulating variations of their enrolment policies.
It must be remembered that all enrolment policies are, by definition, exclusionary and discriminatory. The first come, first served policy discriminates between a child that is enrolled by her parents on the the 3rd September 2009, and a child enrolled by his parents on the 4th September 2009. Further, it may (depending on the availability of places), exclude the second child on the basis of this discrimination.
Any variations to the first come, first served policy will, in the absence of sufficient places in our schools, be similarly discriminatory and exclusionary. When discussing changes, boards of management should ask themselves:
- Is the proposed variation legal?
- Does it pursue a legitimate aim, such as equality of access, which is enshrined in, or consistent with, the Educate Together Charter and company memorandum and articles of association?
- Is the proposed variation necessary to achieve this aim?
- Is the proposed variation proportionate?
